For
All Classical Equus Royal Vaulters Activities
This
Is A Waiver of Your Legal Rights, And An Agreement Not To Sue
1. Participant's Name (print):_____________________________________________
Address:______________________________
City:________________ State:______
Telephone: (______ )
_________________________
2. Liability Release.
In consideration for
Classical Equus Royal Vaulters ("CERV") allowing me or my child to
voluntarily participate in its activities, I agree as follows:
a. This agreement, waiver
and release applies to CERV and to CERV's affiliated committees, employees,
predecessors, successors, attorneys, insurers, members and volunteers who are
working in the course and scope of their duties on behalf of CERV
at the time of
occurrence of any act or omission which is later alleged to be a cause or
contribution to a claim
for injury, damages or death ("Released Parties");
b. I forever release, hold
harmless and indemnify Released Parties from liability for any and all claims,
demands, causes of action, damages, injuries or death to me, my minor children,
my property, and legal liability of every nature, including the negligent acts
or
omissions of any Released
Parties, whether known or unknown, anticipated or unanticipated, direct or
indirect, arising out of participation in the past, present or future CERV
activities (including equestrian activities, such as the riding, use of, or
being near, horses, whether at an arena, stable or in any such event in
association with CERV) and I assume all risks of injury or death as set forth
in this release;
c. I shall not bring any
lawsuit, action or proceeding against any Released Parties, even if they engage
in negligent conduct; and
d. I make this agreement,
waiver and release for and on behalf of myself, my spouse, my child and/or
ward, heirs, administrators, successors, representatives and assigns.
3. Activity Risk.
I understand that some
CERV activities take place on land or in facilities owned and managed by others
from whom such land or facilities are borrowed or rented. I understand that the
organizers, workers and members involved in CERV activities are not
professionals in the horse industry, or in other areas of expertise involved in
CERV activities. I also understand that vaulting is a rugged recreational sport
activity and that at one point in time or anther me or my child may be injured.
I am aware that there are numerous obvious and non-obvious inherent risks of
serious injury or death, or property damage, to me or my child, which are
always present in CERV activities, on or near horses. I understand that
pregnant women are specifically advised not to ride horses. I understand that
CERV is a club of private individuals who have come together to support and
enjoy recreation-oriented activities.
4. Nature of Horses.
I understand that no
horse is completely safe, and the Released Parties make no
representations or
guarantees regarding the safety, training or suitability of any horse. Horses
are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster
than a human. If I fall from a horse to the ground, it will generally be at a
distance of 4 to 6 feet, and the impact will injure me. A horse may divert from
its training and act according to its natural survival instincts and may
abruptly change directions or speed, trip, slip, fall, stop short, shift its
weight, buck, rear, kick, bite, spook, or run from what it perceives to be
danger if it is frightened or provoked, or for no reason whatsoever.
5. Conditions of Nature
& Locations.
I agree that the
Released Parties are not responsible for acts, occurrences or elements of
nature or a particular location that can injure a person or scare a horse, cause
it to trip, fall or react in some other manner. These elements include thunder,
lightening, rain, wind, wild and domestic animals, insects, other people and
horses, and reptiles which may walk, run, fly near, bite and/or sting a horse
or person, irregular footing on groomed or wild land which is subject to
constant change according to weather, temperature, natural and man-made
objects. The Released Parties have not inspected, and make no representations
or warranties concerning the safety or condition of any arena and/or other
location of CERV events.
6. Helmet Warning.
I am aware, that due to
the extreme nature of the sport of Vaulting, that a helmet is not worn during
this activity. I understand that this is contrary to the suggestion of most
equestrian sports/activities. I understand that this is a safety precaution
which is required by the American Vaulting Association. Due to the nature of
the sport of Vaulting ,I also understand that this does allow for potential
injury to me or my child.
HAVE READ, UNDERSTOOD
AND VOLUNTARILY AGREE TO THIS TWO-PAGE WAIVER & RELEASE. I FURTHER AGREE
THAT NO ORAL STATEMENTS, REPRESENTATIONS OR INDUCEMENTS APART FROM THIS WRITTEN
AGREEMENT HAVE BEEN MADE TO ME TO OBTAIN MY CONSENT.
Dated: _____________ Participant's Signature:___________________________________
__________________________________
(Printed Name)
IF PARTICIPANT IS UNDER 18, SIGNATURE OF AGREEMENT BY PARENT OR LEGAL GUARDIAN IS ALSO REQUIRED, AND SUCH PERSON FURTHER AGREES, PURSUANT TO PARAGRAPH 2, ABOVE, TO RELEASE AND INDEMNITY THE RELEASED PARTIES FOR ANY INJURY OR DEATH TO, OR ANY CLAIM BY OR ON BEHALF OF, SUCH MINOR:
Minor's Birth
Date:_____________
Dated: ____________ Signature:
_______________________________
Relationship to Minor:
_______________
_______________________________
(Printed Name of Signor)
CERV Witness (print
name)_________________________________
CERV Witness (print
name)_________________________________