We require that the following Liability Release Form is signed for the following activites:
If you are participating in any of the "hands on" horse activites listed above, please print and sign the release form provided below. Anyone under the age of eighteen must have a parent or guardian sign a release form prior to participating in any horse related activites. If you have any problems printing the release form, copy and paste it onto Microsoft Word or a blank email. If you have any questions or concerns, please contact Candace. Thank you kindly!
Exhibit 'A'
RELEASE AND EXPRESS ASSUMPTION OF RISK AGREEMENT
NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING!
This agreement is made this _____ day of __________________, ________ by and between Candace Scheirer and Hoof 'n Hearts(hereinafter referred collectively as "Stables") and ________________________________________________(hereinafter referred to as "Participant");
WHEREAS, Participant desires to engage in horse-related activities on the premises known as Stables, whish activites including but are not limited to trail riding, lessons, training, working around horses, and being present on the premise as a guest or invitee of a Boarder, other Participant, Vendor or Stable; and
WHEREAS, Stables desires to permit Participant to engage in the aforementioned activites on the premise of Stables in exchange for this Release Form.
NOW, THEREFORE, in consideration for the persmission from Stables to engage in horse related activites on its premises, Participant agrees as follows:
1. Participant agrees to abide by all instructions provided by Stables' employees, agents, servants, independent contractors, and representatives during each lesson and or/training session.
2. In the event Participant owns no tack or requires the use of tack owned by Stables, Participant acknowledges that the tack provided by Stables is in good repair and condition, and properly fitted to the horse on which the tack is to be used.
3. Participant agrees to wear a riding helmet and footwear with appropriate heels to ride.
4. Participant agrees that he/she is responsible for his/her own safety during lessons, training sessions, trail riding, and general exposure to horses, and understands that participation in horseback riding activities and training will expose him/her to above normal risks.
5. Participant agrees to provide his/her own insurance coverage for injury or damage to himself/herself, his/her horse, and personal property.
6. Participant acknowledges and understands the inherent risks associated in riding and working around horses, and participation in training sessions, which risks include, but are not limited to, bodily injury such as a result of using, riding, jumping, training, or being in close proximity to horses. Participant acknowledges and understands that personal injury, harm, or death may occur as a result of certain equine behaviors, including, but not limited to, biting; kicking; rearing; bucking; bolting; shying; falling; slipping; or stumbling; stepping on; balking at or refusing an obstacle; unpredictable reactions to drugs or medications; sounds; sudden emergencies; sudden movements; unfamiliar objects; persons or other animals, including dogs,; hazards of or on the land; motor vehicles; machinery; construction equipment and other motorized devices; collisions with other horses, livestock, trees, shrubberies, natural and man-made obstacles or objects. Participant further acknowledges and understands that personal injury, harm or death may occur as a result of the inability of another person (other than Stables and its employees, agents, servants, or representatives) to fail to maintain control over a horse or to fail to act within that person's ability.
7. PARTICIPANT UNDERSTANDS, AGREES, AND EXPRESSLY ASSUMES ALL RISKS INVOLVED IN AND ARISING FROM PARTICIPATION IN HORSE-RELATED ACTIVITIES ON STABLES, INCLUDING BUT NOT LIMITED TO THE RISK OF DEATH, BODILY INJURY, AND PROPERTY DAMAGE TO PARTICIPANT AND HER/HER HORSE, WHICH MAY RESULT FROM ANY HAZARD, INCLUDING BUT NOT LIMITED TO THOSE SET IN PARAGRAPH 8 ABOVE, AND INCLUDING, THE NEGLIGENCE AND/OR DELIBERATE ACT OF ANY OTHER PERSON.
8. PARTICIPANT AGREES THAT HE/SHE SHALL HOLD HARMLESS AND RELEASE STABLES, CANDACE SCHEIRER AND HOOF 'N HEARTS, THEIR EMPLOYEES, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS AND REPRESENTATIVES, FROM ANY AND ALL LIABILITY WHATSOEVER, EXCEPT IF THE DAMAGES OR INJURIES COMPLAINED OF ARE CAUSED BY THE DIRECT, WILFUL, WANTON AND GROSS NEGLIGENCE OF STABLES. PARTICIPANT FURTHER AGREES THAT HE/SHE WILL NOT INSTITUTE ANY LEGAL ACTION AGAINST STABLES, CANDACE SCHEIRER AND HOOF 'N HEARTS, THEIR EMPLOYEES, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS, AND REPRESENTATIVES ON ACCOUNT OF OR IN CONNECTION WITH ANY CLAIMS, CAUSES OF ACTION, INJURIES, DAMAGES, COSTS OR EXPENSES ARISING AS A RESULT OF PARTICIPANT'S PARTICIPATION IN HORSE-RELATED ACTIVITIES AT STABLES, AND USE OF OR PRESENCE ON PROPERTY ON OR LEASED BY STABLES, INCLUDING WITHOUT LIMITATION, THOSE CAUSES OF ACTION OR INJURIES COMPLAINED OF ARE CAUSED BY THE DIRECT, WILFUL, WANTON, AND GROSS NEGLIGENCE OF STABLES, CANDACE SCHEIRER AND HOOF 'N HEARTS, THEIR EMPLOYEES, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, JUDGEMENTS, COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH IN ANY WAY ARISES AS A RESULT OF THE PARTICIPANT'S PARTICIPATION IN HORSE-RELATED ACTIVITES AT STABLES, AND THE USE OF OR PRESENCE UPON PROPERTIES OWNED, OCCUPIED OR UTILIZED BY STABLE.
9. Participant waives the protection of any statute in any jurisdiction, the purpose, substance and/or effect of which is to provide that a general release shall not extend to claims, material or otherwise, which ther person executing the release does not know or suspect to exist at the time of the execution of the release.
10. This Agreement is made and entered into in the Commonwealth of Pennsylvania, and shall be enforced and interpreted under the laws of the Commonwealth of Pennsylvania. Should any clause contained herein be constructed as conflicting with state law, then that clause is null and void, but the remaining provisionsof this Agreement shall remain valid and in full force and effect.
I/WE HAVE READ THE ABOVE, UNDERSTAND THE SAME, AND AGREE TO BE LEGALLY BOUND BY ALL THE TERMS OF THIS RELEASE AGREEMENT.
IN WITNESS WHEREOF, I/We have hereunto set my hand and seal this ______day of _____________________________, ________.
CANDACE SCHEIRER (Hoof 'n Hearts)
By_________________________________________________
PARTICIPANT
___________________________________________________
PARENT or GUARDIAN (if under 18yrs. of age)
____________________________________________________