In consideration for allowing me (or my child or any minor in my care) to participate in any activities, including but not limited to, handling and riding a horse or donkey and on behalf of myself, my child or any minor in my care, and our personal representatives, heirs, next of kin, spouses and assigns, I HEREBY:
1. Acknowledge that a horse or donkey may, without warning or apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet or push into a person. Saddles or bridals may loosen or break — all of which may cause the rider to fall or be jolted and may result in serious injury or death.
2. Acknowledge that horseback riding is an inherently dangerous activity, and involves risks that may cause serious injury and, in some cases, death, because of the unpredictable nature and behavior of horses and donkeys, regardless of their training and past performance.
3. Acknowledge that I and any minor participating are fully capable of participation in all activities we choose to participate in. I assume full responsibility for myself and any minor entering or using the Stables with me for bodily injury, death, loss of personal property and expenses thereof.
4. Voluntarily assume the risk and danger of injury or death may result from interactions with the horse, equipment, and gear provided to me by Releasees.
5. Release, discharge and promise not to sue the Releasees for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to body or personal property.
6. Release the Releases from any claim that such Releases are or maybe negligent in connection with the riding experience or ability, including, but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles and bridals, instruction, or riding skills or leading and supervising riders.
7. Indemnify, and save and hold harmless the Releases from and against any laws, liability, damage or cost they may incur arising from or in any way connected with either the use of the horse and any equipment/gear provided by Releasees or any acts of omissions of Releases.
8. Expressly agree that the release and waiver of liability, assumption of risk, Indemnity Agreement is governed by the state of Colorado, and is intended to be broad and inclusive as permitted by Colorado Law (RIDE AT YOUR OWN RISK), and that in the event any portion of this agreement is determined to be invalid, illegal, or unenforceable, that the balance of the agreement should not be affected or impaired in any way, and shall continue in full legal force and effect.
9. Acknowledge that this document is a contract and agree if a lawsuit or claim is filed against the Releasees for any injury, or damage and breach of this contract, I, the undersigned, will pay all attorney’s fees, and costs incurred by the Releasees in defending such an action.
10. State that I am not now pregnant, and that I have no history of epileptic seizures, heart condition, or any other medical problem that could be affected by horseback riding.
11. Acknowledge that it is required that I, my child, any minor in my care and all riders wear a protective headgear and other safety equipment.
12. Agree to reduce the risk of injury to myself, my child, any minors in my care and other participants by following all applicable rules and procedures, by limiting mine, my child’s or any minor in my care participation to reflect our personal fitness level, physical or mental abilities or disabilities and to immediately cease all activities if I do not believe I, my child or any minor in my care, can safely continue in any such activities. I further agree to disclose prior to any participation, any physical or mental disabilities or limitations of myself, my child or any minor in my care and to immediately report to Releasees any concerns I have about our participation or any injuries of losses sustained by me, my child or any minor is my care.
13. For the safety and enjoyment of all participants, children are expected to behave respectfully toward instructors, other children, and the animals. Disruptive, aggressive, or unsafe behavior may result in a warning, and in some cases, immediate dismissal from the lesson. This includes, but is not limited to, failure to follow instructions, intentional mistreatment of animals, or behavior that poses a risk to self or others.
14. If a person who is to enter into this agreement is less than 18 years of age, his/her parent or guardian must read this agreement and sign below, on behalf of the minor.
WARNING
Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.
