LESSON RELEASE of LIABILITY
Witness this release dated this ______ day of __________, 20____, by and between Elevate Equestrian (Emily Duevel), hereinafter referred to as Management, and _____________________, hereinafter referred to as User, and, if User is a minor, User’s parent or guardian, _____________________________________________________________. For consideration received, and in return for the use, today and on all future dates of the property, facilities and services of Management, Management’s instructors, employees, drivers and agents; User, User’s heirs, assigns, and representatives, hereby agree as follows:
1. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities such as described below and herby 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 charging, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, the injury, harm, death to persons on or around them; the unpredictability of the animals reaction to such things as sounds, sudden movement and unfamiliar objects, persons, or other animals; the limited availability of emergency medical care; and the potential of 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.
User acknowledges that horses, by their nature are unpredictable and subject to animal whim. User assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising there-from, including death or dismemberment. User agrees to abide by and follow Manager’s rules and regulations which, shall be posted and/or available on request from time to time. User further assumes all risks therefor and warrants a full and fair disclosure of Rider’s abilities has been made to Manager.
User expressly releases Management from any and all claims for personal injury or property damage, whether caused by negligence (if allowed b the laws of the State) by Management or its representatives, agents or employees.
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.
2. User agrees to assume any and all risks involved in or arising out of User’s use of any equipment or livestock pertaining to the rental of horses or taking riding lessons, the use of any arena on the premises of Management and for the purposes of taking riding lessons on the premises or lessons given off the premises by Management personnel.
3. USER (OR USER’S PARENT OR GUARDIAN IF USER IS A MINOR) AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFENT MANAGEMENT AGAINST ANY AND AL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH USER’S USE OF OR PRESENCE UPON THE PROPERTY OF MANAGEMENT AND THE FACILITIES LOCATED THEREON. In the event User is using User’s own horse, or a horse(s) not owned by Management, User warrants said horse(s) shall be free from infection, contagious or transmittable diseases. Management reserves the right to refuse access or use of any horse upon the premises that does not appear to Management to be in good health, or is deemed dangerous or undesirable.
5. Any action brought under this agreement shall be within one (1) year of the incident or accident giving rise to said claim. User agrees that claim shall be limited to $250 for property damage, actual expenses incurred, and $10,000 for non-consequential damages such as pain and suffering.
6. User agrees to waive the protection of statutes in this jurisdiction whose purpose, substance, and/or effect is to release shall not extent to claims, material or otherwise, which the release does not know or suspect to exist at the time of executing said release.
Parent or Guardian (if a Minor)