RIDING LIABILITY RELEASE FORM
Andrea "Skye" Drake-Stephan, dba Bella Peregrina Ranch, hereinafter “THIS STABLE”
3262 CR 306, Rockdale TX 76567
PLEASE READ CAREFULLY:
SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY.
THIS STABLE DOES NOT GUARANTEE YOUR SAFETY.
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.
Registration of Riders and Agreement Purpose
In consideration of the payment of a fee and written reservation request to participate in a horseback riding activity:
I, individually or the parent or legal guardian of a minor, do hereby voluntarily request and agree to participate in riding instruction as a student at THIS STABLE, and that this student will either ride his/her own horse, or school horses provided by THIS STABLE for instructional purpose, today and on all future dates. My written reservation request constitutes my electronic signature, and I agree to the terms and conditions below:
Agreement Scope, Territory, and Definitions
This agreement shall be legally binding upon me, the registered student, and the parents or legal guardians thereof if a minor, my heirs, estate, assigns, including all minor children,and personal representatives; and it shall be interpreted according to the laws of the state of Texas. Any disputes by the rider shall be litigated in, and venue shall be in Milam County, Texas. If any clause, phrase, or word is in conflict with state law, then that single part is null and void. The term “HORSE” herein shall refer to all equine species. The term “HORSEBACK RIDING” herein shall refer to riding or otherwise handling of horses, ponies, mules, or donkeys, whether from the ground or mounted. The terms “STUDENT” and/or “RIDER” shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The terms “I”, “ME”,
“MY” shall herein refer to the above registered student rider and the parents or legal guardians thereof if a minor.
Activity Risk Classification
I UNDERSTAND THAT: Horseback riding is classified as a RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY and that there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. According to NEISS (National Electronic Injury Surveillance Systems of the United States Consumer Products) horse activities rank approximately 64th among the activities of people relative to injuries that result in a stay at U.S. hospitals. Related injuries can be severe requiring more hospital days and resulting in more lasting residual effects than injuries in other activities.
Nature of This Stable’s School Horses
I UNDERSTAND THAT: THIS STABLE chooses its school horses for their calm disposition and sound basic training as is required for use for STUDENT RIDERS, and THIS STABLE follows a rigid safety program. Yet, no riding horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be a distance of from 4 to 7 feet, and the impact may result in injury to the rider. Horseback riding is the ONLY sport where one much smaller, weaker predator animal (human) tries to impose its will on, and become one unit of movement with, another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other. If a horse is frightened or provoked, it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: Stopping short; Changing directions or speed at will; Shifting its weight; Bucking, Rearing, Kicking, Biting, or Running from danger.
Conditions of Nature and Inspection of Premises
I UNDERSTAND THAT: THIS STABLE IS NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: Thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, fly near, or bite or sting a horse or person: and irregular footing on out-of-door wild or groomed land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. The rider and parent or legal guardian have inspected THIS STABLE’S facilities and are satisfied that all premise conditions are relatively
safe for rider’s intended purpose, usage, and presence upon THIS STABLE’S PREMISES.
Saddle Girth/Natural Loosening
I UNDERSTAND THAT: Saddle girths or cinches (saddle fasteners around the horse’s belly) may loosen during a ride. If a rider notices this, he/she must alert the riding instructor and/or trail guide as quickly as possible so action can be taken to avoid slippage of saddle and a potential fall from the animal.
Accident/Medical Insurance
I AGREE THAT: Should emergency medical treatment be required, I and/or my own accident/medical insurance company shall pay for all such incurred expenses.
Helmet - Protective Headgear Warning
I AGREE THAT: I for myself and on behalf of my child and/or legal ward have been fully warned and advised by THIS STABLE that protective headgear which meets or exceeds the quality standards of the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet, should be purchased and worn while riding and being near horses and I do understand that the wearing of such headgear at these times may reduce severity of some of the wearer’s head injuries and possibly prevent the wearer’s death from happening as the result of a fall or other occurrences.
Liability Release
I AGREE THAT: In consideration of THIS STABLE allowing my participation in this activity, under the terms set forth herein, I, THE RIDER, for myself and on behalf of my child and/or legal ward, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge THIS STABLE, its owners, agents, employees, officers, directors, representatives, assigns, members, owners of premises and trails, affiliated organizations, and insurers, and others acting on its behalf (hereafter, collectively referred to as “Associates”), of and from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to THIS STABLE’S and/or ITS ASSOCIATES ordinary negligence; and I do further agree that except in the event of THIS STABLE’S gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal action, and causes of action, against THIS STABLE and ITS ASSOCIATES as stated above in the clause, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child and/or legal ward in relation to the premises and operations of THIS STABLE, to include while riding, handling, or otherwise being near horses owned by or in the care, custody, and control of THIS STABLE, whether on or off the premises of THIS STABLE.
ALL RIDERS AND PARENTS OR LEGAL GUARDIANS ELECTRONICALLY AGREE TO ALL OF THE ABOVE, AFTER READING THIS ENTIRE DOCUMENT:
SIGNER STATEMENT OF AWARENESS
Written reservation request, payment and participation constitute Electronic Signature. I/We the Electronically Undersigned, have read and do understand the foregoing agreement, warnings, release, and assumption of risk. I/We further attest that all facts relating to the applicants physical condition, experience, and age are true and accurate. I agree to the terms and conditions above.