WITNESS THIS AGREEMENT this _________day of ____________________, 20___, by and between ________________________________________________, herein after referred to as “Management, “ and _________________________________, hereinafter referred to as “Owner.”
Owner hereby authorizes Management to transport, haul, and/or trailer any horse(s) requested to horse show, equestrian events, rodeos, sales, or other events upon request of Owner.
Owner is to provide proof equine mortality insurance on horse(s) being hauled. Horse(s) listed at/or above Two Thousand Dollars ($2000) must have proof of appraisal by a Certified ASAA (ASAE) representative and comply with USPAP guidelines, this certificate must be presented prior to transportation. If owner does not provide this information then Owner acknowledges that no liability against Management will be pursued as listed below. Owners insurance will suffice on any and all claims and no claims against Management or Management insurance will be called upon.
OWNER HEREBY RELEASES, WAIVES AND DISCHARGES MANAGEMENT, ITS REPRESENTATIVES, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILLITY OR OBLIGATION FOR ANY AND ALL LOSSS, DAMAGE, CLAIM OR LIABILITY WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTD WITH THE TRANSPORTATION OF SAID HORSE (S).
Inherent Risks and Assumptions of Risk. The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, bolting, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential or a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability.
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), 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.
Owner specifically agrees that this Release and Waiver shall be construed as broadly and inclusively as permitted by the present laws of the State of Texas, and that if any portion hereof shall be held invalid or unenforceable, it is specifically agreed that the remaining portions of this Agreement shall continue in full force and effect.
Owner further hereby releases and discharges the above-described entities and individuals, their heirs, successors, assigns, personal representatives or other representatives from and against any and all claims, demands, actions, or claims of any injury whatsoever, either in law or in equity arising out of or in any way pertaining to an injury or death which may result from any accident occurring while Management is transporting the horse(s) as above-described.
Owner Sig.: ___________________________________________________________________
Owner Printed: ________________________________________________________________
Management Sig: ______________________________________________________________
Management Printed: ___________________________________________________________
