All parts of this document apply to me and each of the children or legal wards listed above. [We will collectively call ourselves “I”, “me”, or “my” throughout this document.]

 

 I HEREBY: 

 

     1.  Agree to this Waiver, Release of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”) with MC EQUINE who is an individual as a condition for his/her/its/their allowing me and the persons identified below (if any), to do any or all of the following at any time and at any location: enter Stable’s premises, land, facilities, barns, arenas, paddocks, pastures, and surrounding land, be near horses, ponies, donkeys, mules, farm animals, or livestock (hereafter referred to collectively as “equines”), work with, handle, drive, receive professional services (if applicable), rent or use equipment or tack from Stable, and/or receive instruction or guidance related to riding, driving, handling, and/or working with equines, farm animals, and/or livestock (All of these activities, individually and collectively, will be referred to as “The Activities” throughout this document.) 

 

     2. Acknowledge that an animal, without warning or any apparent cause, could buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, as well as saddles or bridles may loosen or break – all of which may cause the rider to fall or be jolted, resulting in serious injury or death. I understand these risks and dangers that are inherent in farm animal, livestock, and equine-related activities, and I agree to assume all of them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned in this document. I am NOT relying on the Releasees to list all possible risks.

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     3. 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. 

 

     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 MC Equine, hereinafter referred to as the Releasees.

 

     5. RELEASE, DISCHARGE AND PROMISE NOT TO SUE the Releasees, doing business under its own name or any other name and/or any of its owners, officers, employees and agents (hereinafter the “Releasees”), 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 Releasees, 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 either my use of the horse and any equipment of gear provided therewith or any acts or omissions of wranglers or other employees or agents. 

 

     8. Understand that although I am signing this document today, I also intend for this document to be valid and binding now and at all times in the future when I engage in any or all of The Activities at any location. 

 

     9. Agree that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of Texas and is intended to be as broad and inclusive as is permitted by Texas Law (RIDE AT YOUR OWN RISK), and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. 

 

     10. Acknowledge that this document is a contract and agree that if a lawsuit is filed against the Releasees or its owner, agents, employees, guides or wranglers for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by the Releasees in defending such an action. 

 

     11. State that I am not now pregnant and that I have no history of epileptic seizures, heart condition or any other medical problem that could be affected by horseback riding. 

 

     12. Understand that I should purchase and wear properly fitted and secured ASTM-standard/SEI-certified protective headgear that is designed for use when riding, handling, driving, or near equines, I am NOT relying on the Releasees to provide a helmet for me, to check any helmet or strap that I may wear, or to monitor my compliance with this suggestion at any time. If I choose to wear a helmet/headgear, if I choose not to wear a helmet/headgear, and the type of helmet/headgear that I may wear are my decisions.

 

WAIVER AND LIABILITY RELEASE: 

 

As lawful consideration for being allowed to engage in any or all of The Activities, now and in the future, and at any location, I (on behalf of myself and my spouse, parents, heirs, representatives, assigns, minor child/ren or legal wards) agree to each of the following: 

1. MC Equine and his/her/its/their respective officers, directors, members, managers, employees, agents, heirs, family members, assigns, parents, affiliates, successors, owners, legal representatives, servants, affiliated persons, assigns, and others acting on behalf (hereafter referred to collectively as “the Releasees”) shall not be liable for any losses, injuries, or damages that I (which includes the signer and signer’s minor child/children or legal wards) may sustain as a result of engaging in any of The Activities at any time or at any location; and 

2. I/we fully and forever release, waive, and discharge all claims, demands, damages, legal actions, causes of action, or rights of action (present or future) against the Releases whether the claims are known, unknown, anticipated or unanticipated, and whether caused by their ordinary negligence, a violation of a state Farm Animal or Livestock Activity Liability Act, or other legal liability resulting from or arising out of my/our engaging in The Activities at any time and at any location. The term “damages” in this agreement means, for example, medical expenses any and all claims or losses because of bodily injuries, mental/emotional injuries, or property damages, death, expenses, and/or personal property damages. This document is intended to apply and be binding regardless of whether I am riding, driving, handling, or near equines. (In accordance with Texas law, however, we are not releasing the Releasees from loss, injury, or damage that is directly caused by gross negligence, intentional misconduct, reckless misconduct, or willful and wanton misconduct on part of the Releasees. It is my intention to release and hold harmless the Releasees to the fullest extent allowed under Texas law.

 

 

 

WARNING

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A LIVESTOCK SHOW SPONSOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN A LICESTOCK SHOW RESULTING FROM THE INHERENT RISKS OF LICESTOCK SHOW ACTIVITIES. 

 

 

 

WARNING

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES. 

 

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. I understand it is a promise not to sue and to release the Releasees, its 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 ride or handle a horse. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of the horseback riding experience.