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RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND IMDEMNITY AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOU UNDERSTAND IT AND AGREE ON ITS TERMS. BY SIGNING THIS AGREEMENT, YOU AND YOUR CHILD ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF THE STABLE; IT’S OWNER, EMPLOYEE AND AGENTS (“THE RELEASEES”).
1. I, ___________________________________________ [Print First and Last Name] on behalf of myself (and my minor child) __________________________________ [Print Child’s First and Last Name]. I Reside at ___________________________________ in _________________, _________, __________. [Street Address] [City] [State] [Zip] In consideration for allowing me (or my minor child) to handle and ride a horse and on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns, I HEREBY:
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 irrational behavior of horses, regardless of their training and past performance.
3. Acknowledge that a horse 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, push a person, saddles or bridles may fail – all of which may cause the rider to fall or be jolted, resulting in serious injury or death.
4. Voluntarily assume the risk and danger of injury or death inherent in the use of the horse, equipment and gear provided to me by the WOLFE RANCH dba ARBUCKLE TRAIL RIDES LLC, hereinafter referred to as the Stable.
5. RELEASE, DISCHARGE AND PROMISE NOT TO SUE the Stable, doing business under its own name or any other name and/or any of its owners, officers, employees and agents (hereinafter the “Releasees”), or any land owner whose property the stable is riding on, for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.
6. Release the Releasees from any claim that such Releasees are or may be negligent in connection with my riding experience or ability including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction or riding skills or leading and supervising riders.
7. INDEMNIFY, AND SAVE AND HOLD HARMLESS the Stable, instructors, its employees and agents from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with my use of the horse, equipment and gear provided or any acts or omissions of wranglers or other employees or agents.
8. The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of Oklahoma and is intended to be as broad and inclusive as is permitted by Oklahoma Law (RIDE AT YOUR OWN RISK).
9. Acknowledge that this document is a contract and agree that if a lawsuit is filed against the Stable or its owner, agents, employees, guides or wrangles for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by the Stable in defending such an action.
10. IT IS MY UNDERSTANDING THAT A PROTECTIVE HELMET IS AVAILABLE AND HAS BEEN OFFERED FOR MY OWN SAFETY. RIDERS UNDER THE AGE OF 18 ARE INSTRUCTED TO WEAR THE APPROVED PROTECTIVE HELMET (provided by the stable) AT ALL TIMES. IT IS RECOMMENDED THAT ALL RIDERS WEAR A PROTECTIVE HELMET.
11. If the person who is to enter into this Agreement is less than eighteen (18) years of age, his/her parent or guardian must read this Agreement and sign below on the behalf of the minor.
I have read this entire Release of Liability Document carefully and agree to its terms. I understand it is a promise not to sue and to release the stable, It’s owners, employees and agents for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to Releasees allowing me or my child to be around, ride or handle a horse.
Date ________________ Signature __________________________________________________