PARENT/MINOR
WITNESS THIS AGREEMENT this ___________ day of _____________, 20______, between __Kimalot Ranch_______________________, hereinafter referred to as “MANAGER,” and ____________________________________, hereinafter referred to as “RIDER”, and if Rider is a minor, Rider’s parent or guardian, _______________________________________________. In consideration received, and in return for the use, today and on all future dates of the property, facilities and services of Manager, Manager’s instructors, employees and agents; Rider, Rider’s heirs, assigns, and representatives, hereby agree as follows:
1. 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.
Rider acknowledges that horses, by their very nature are unpredictable and subject to animal whim. Rider assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. Rider agrees to abide by and follow Manager’s rules and regulations which, shall be posted and/or available from time to time and/or available upon request. Rider further acknowledges that the behavior of any animal is contingent to some extent upon the ability of Rider. Rider assumes all risks therefore and warrants a full and fair disclosure of Rider’s abilities has been made to Manager.
Rider expressly releases Manager from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by the laws of this State) by Manager or its representatives, agents or employees.
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 RESULTIN FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.
2. Rider (or Rider’s parent or guardian) agrees to hold harmless, indemnify and defend Manager against, and hold harmless from, any and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, including attorney’s fees, whether actually incurred or not, which may in any way arise from or be in any way connected with Rider’s use of or presence upon the property of Manager and the facilities located thereon. In the event rider is a minor, the parent or guardian shall further indemnify, defend and hold manager harmless from any such claims by said minor child, regardless of any statute of limitations or contractual limitation of actions.
3. In the event Rider is using Rider’s own horse, or a horse(s) not owned by manager, Rider warrants said horse(s) shall be free from infection, contagious or transmittable diseases. Manager reserves the right to refuse access or use of any horse upon premises that does not appear to Manager to be in good health, or is deemed dangerous or undesirable. Manager reserves the right to refuse any horse for any reason and does not have to validate such reasoning. Rider is responsible for any and all damages that Rider’s horse incurs while on premises.
4. Any action brought under this agreement shall be brought within one (30) days of the incident or accident giving rise to said claim not to exceed $250. Rider must have submitted a statement of an accident on the day it occurred or within 24 hours. Management must be notified of all injuries immediately. Guardian and Rider completely understands that Kimalot Ranch and all associated properties carry no insurance. Guardian is responsible for self and minor’s insurance to cover all needs. Guardian and Rider agrees that no action will be taken for any damages including but not limitied to hospital, pain and suffering, physical therapy, horse replacement, tack replacement or any other physical or property damages.
5. Rider agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.
6. Guardian must have this document signed before a licensed attorney in the state of Texas. If attorney finds any fault with this document that does not cover “Management” fully and securely, then a written statement of necessary coverages shall be forwarded to Ranch and document is not to be signed. Wave_________
7. If Guardian does not have this document signed before a licensed attorney they waive all rights to action and must sign before a witness and initial #6 to wave statement.
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Manager Rider
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Parent or Guardian if Rider is a Minor Witness
