PLEASE READ CAREFULLY BEFORE SIGNING PLEASE ASK ANY QUESTIONS OR CLARIFICATIONS THIS AGREEMENT FORM IS FOR FULL ASSUMPTION OF RISK, INDEMNIFICATION AND RELEASE OF ALL LIABILITY – Great Horses or America et al, Menifee Meadows et al 34221 Briggs Rd. Menifee CA 92584
I, the Undersigned, am of legal adult age and of sound mind and not being under the influence of alcohol, drugs (prescription or otherwise), or intoxicants of any kind, do for TODAY AND OR IN THE FUTURE FOREVER, FOR Myself and or on behalf of my guest, child, legal ward AND OR ANY OTHER MINOR OR ANY OTHER PERSON LISTED BELOW OR ACCOMPANYING ME AT ANY TIME (ex. Family member, Rider, Owner, Client, Visitor, Guest, Participant, Observer, Friend, Acquaintance, Relative of any kind, Shipper, etc et al hereinafter all inclusively, interchangeably, separately and or together as applicable referred to as: "THE PARTICIPANT" whether riding or not) ALL FOR WHOM I HEREBY ATTEST TO ACCEPTING FULL RESPONSIBILITY FOR AND HEREBY ASSUME ALL RISK FOR ALL LOSS, CLAIM, INJURY OR ANY INCIDENT WHATSOEVER involving and or regarding same FOR ANY HORSE and or STABLE / FARM RELATED ACTIVITY (including but not limited to mere presence on the property to interaction and or exposure to any and all farm and or stable animals including horses, dogs and or any farm animal whatsoever et al) and or for ANY INCIDENT and or INJURY INCLUDING BUT NOT LIMITED TO any incident experienced by “THE PARTICIPANT” as a result of simply visiting the Stable, riding, training, observing, handling, petting AND OR ANY AND ALL FACILITY/STABLE AND OR HORSE and or non-horse RELATED ACTIVITY INCLUDING HANDLING, CLEANING, OBSERVING, 4-H, HORSE TEST RIDES, TRIALS, SHOWINGS, COMPETITIVE HORSE SHOWS, PLAY DAY SHOWS, VERBAL INSTRUCTIONS, LESSONS AND OR CLINICS WHICH MAY OR MAY NOT ACTUALLY BE ‘RIDING’ including all Stable, Training, Boarding, Shipping and or Sale related activities performed at or by THIS STABLE onsite or on any other premises with ANY HORSE, PONY or any other animal WHATSOEVER. “THE PARTICIPANT” et al hereby voluntarily request(s) to participate in the applicable HORSE/STABLE/FARM related activity mentioned above including ANY OTHER HORSE AND OR STABLE RELATED ACTIVITY whatsoever (whether described above OR not), onsite or at any location whatsoever provided by Menifee Meadows Equestrian Center, Great Horses of America, Inc. et al, Signal Mount Equestrian, Inc. et al dba Great Horses of America and or Teresa Kackert President et. al. including all their respective heirs, successors and or assigns (hereinafter inclusively "THIS STABLE"). Furthermore, that “THE PARTICIPANT” et al understands the English language (or has had this form read to THE PARTICIPANT and translated to THE PARTICIPANT’S satisfaction & understanding) and is now capable of reading and or understanding this document completely and that all Parties enter into THIS AGREEMENT subject to all of the Terms, Conditions, Warnings, Risks Dangers and information contained herein.
“THE PARTICIPANT” will TOUR, RIDE, TRAIN, HANDLE, VISIT, OBSERVE, COMPETE, SHIP A HORSE and or RECEIVE INSTRUCTION WITH: no horse, some animal or either a horse: provided by THIS STABLE for free or for a fee, THE PARTICIPANT’s own horse, or a horse provided by a third party or some other horse OR the horse only may be trained, ridden, boarded, shipped and or handled by THIS STABLE without THE PARTICIPANT. THE PARTICIPANT understands that THE PARTICIPANT is responsible for all bodily injury and or property damage to OTHERS, THE PARTICIPANT and THE PARTICIPANT’s horse which THE PARTICIPANT and or the horse THE PARTICIPANT is USING should cause or receive either on THIS STABLE'S premises or on any other property including any trails or stables while in the company of other horses or alone. Furthermore, THE PARTICIPANT accepts all responsibility and liability for any incident with any other rider, horse, animal, person and or property involving THE PARTICIPANT and or the horse THE PARTICIPANT is using. THE PARTICIPANT understands that HORSES AND HORSEBACK RIDING, TRAINING, HANDLING & STABLE ACTIVITIES ARE DANGEROUS ACTIVITIES and that there are dangers from even being at a Stable or near a horse and that any horse or animal, even the most gentle can be provoked or frightened and as a result act or react in a dangerous or unpredictable manner. THE PARTICIPANT agrees not to touch, pet, or feed any horses or dogs or any other animal at This Stable or enter and animal pens or corrals or provoke or otherwise influence any horse or animal at any time as this can be very dangerous and THE PARTICIPANT OR OTHERS may get bit or injured. Participant is hereby advised that rattlesnakes & farm animals and dogs etc et al animals, insects, etc et al may be present and may bite.
THE PARTICIPANT understands that horses are animals and as such are unpredictable by nature; that when frightened, angry, under stress OR FOR NO REASON AT ALL, any animal and horse's natural instincts are to either move, shake, bolt, jump forward or sideways, to run away from danger, to kick, to buck, to rear up in front or to bite. ANY horse may bite or kick THE PARTICIPANT or another rider, innocent bystander or horse. THE PARTICIPANT understands that horses are extremely heavy and powerful and that if THE PARTICIPANT gets stepped on or falls to the ground the fall distance will be generally from 4 to 6 feet or if a horse lies down on THE PARTICIPANT that the weight of the horse may be between 1,000 to 2,000 pounds. THE PARTICIPANT understands that this horse activity may cause THE PARTICIPANT serious permanent injury or death and THE PARTICIPANT agrees to participate in this activity willingly and voluntarily. THE PARTICIPANT understands that upon mounting the horse or just holding the horse by reins, lead rope and or halter or free lunging or turnout that THE PARTICIPANT is in primary control of the horse and that THIS STABLE is not responsible for the actions or lack of action of THE PARTICIPANT and or THE PARTICIPANT’S horse. THE PARTICIPANT FURTHER AGREES NOT TO ABUSE, MISUSE OR AGITATE ANY HORSE OR ANIMAL AT ANY TIME AS THESE ACTIONS MAY RESULT IN INCREASED RISK OF INJURY TO THE PARTICIPANT, THE HORSE AND OTHERS.
THE PARTICIPANT is hereby advised to obtain and wear his or her own uniquely and properly fitted helmet and other protective clothing (safety boots, gloves, long sleeves, etc.) so as to aid in the prevention of horse related injuries.
THE PARTICIPANT fully understands that the act of walking or riding on ANY surface: flat, hilly, gravel, dirt, sand, roads, streets (including any traffic), pavement, water, rocky, muddy, slippery, sandy, pot holes, gopher holes, etc. et al can be dangerous to THE PARTICIPANT and or the horse and that THE PARTICIPANT and or horse can slip, slide, stumble, trip, fall, be off balance, lay down, roll over, step in a hole or otherwise be dangerous to THE PARTICIPANT and or horse. THIS STABLE'S training, sale horse showings, trail rides and or horse related events and or stable activities and training may traverse any such surface, even cross deep and shallow rivers, ponds, streams and or enter the Pacific Ocean and travel on or along busy roads or streets with heavy vehicle traffic. THE PARTICIPANT understands that these activities or rides may take place completely in the dark and or at night. THE PARTICIPANT fully understands the dangers associated with these activities and assumes all risk and responsibility for same and completely indemnifies releases and holds THIS STABLE harmless from any and all liability. THIS STABLE IS NOT RESPONSIBLE FOR THE LOSS OR DAMAGE OF THE PARTICIPANT’S PERSONAL PROPERTY not limited to: horse, tack, glasses, wallets, clothing, keys, jewelry, automobile, fencing, stable, trailer, tack room, landscaping, pets or any other item, including trees falling on cars and or brush fire damage.
THE PARTICIPANT fully understands that the riding equipment used or provided is USED, NOT NEW, and MAY BE DEFECTIVE and is hereby told to inspect all equipment (saddle, reins, stirrups, bridle, etc.) personally and to ask any questions THE PARTICIPANT may have regarding it. If a defect is found THE PARTICIPANT must report it IMMEDIATELY BEFORE MOUNTING AND OR RIDING OR USING THE EQUIPMENT and have it replaced or repaired to THE PARTICIPANT’S satisfaction. THE PARTICIPANT hereby accepts all responsibility for any obvious and or latent defects in my horse's equipment namely those which THE PARTICIPANT or an average adult could reasonably recognize. IF any equipment or horse is not acceptable to THE PARTICIPANT, THE PARTICIPANT is hereby instructed by THIS STABLE NOT TO RIDE OR USE IT. THE PARTICIPANT accepts all risks inherent in the accidental breakage of tack and or equipment. THE PARTICIPANT fully understands that there is the danger of the saddle slipping from side to side or completely turning UPSIDE DOWN and THE PARTICIPANT losing balance and falling off. THE PARTICIPANT is hereby instructed to inspect and check the saddle and all tack and equipment before mounting and continually throughout the ride and to verify that it is and remains tight. IF the saddle is not tight THE PARTICIPANT must notify the trail guide IMMEDIATELY or to dismount the horse and return immediately to the stable where the saddle will be inspected and corrected if necessary. Fully understanding this, THE PARTICIPANT assumes the risk of the saddle not being completely tight and or the saddle slipping and releases THIS STABLE from any and all liability from saddle slipping including any and all injuries caused by the saddle slipping.
THE PARTICIPANT understands that there are serious dangers from riding and or training a horse at a standstill, walk, trot, canter, gallop, or at any speed whatsoever. THE PARTICIPANT is hereby instructed to WALK OR TROT ONLY and NEVER to canter, gallop or run the horse UNLESS specifically instructed to do so by THIS STABLE AND this will ONLY happen under the direct supervision of THIS STABLE. THE PARTICIPANT understands that the horse may step on THE PARTICIPANT or lay down, trip, stumble, rear, fall, bolt, get caught in a hole, spook, go through bushes, trees, fencing, or wire, barbed wire, walk into poles, cars, trees, other horses or people, be stung by bees, bit by snakes or spooked by bicycles, motorized vehicles, dogs, coyotes etc. and that THE PARTICIPANT can lose control of the horse and be seriously injured or killed. THE PARTICIPANT understands that THE PARTICIPANT will be using muscles and body parts unique to horseback riding and not otherwise normally used and that these muscles, joints, parts or surfaces may become sore, bruised, chaffed, scratched, strained, pulled, torn, dislocated, broken or otherwise painful and discomforting as a result of participating in THIS STABLE'S horse related and or riding activity. THE PARTICIPANT understands, accepts and assumes all risk of injury while riding, walking or handling any horse in an arena, round pen or any other area including trails, roads, etc.
THE PARTICIPANT fully understands that THE PARTICIPANT has either chosen their horse themselves OR has been assigned by THIS STABLE to a specific horse based upon the information provided by THE PARTICIPANT to THIS STABLE on this form and or verbally when asked: THE PARTICIPANT’S level of riding experience, height, weight and age, which THE PARTICIPANT attests to as being true and accurate. ANY INCORRECT OR MISLEADING INFORMATION PROVIDED BY THE PARTICIPANT INTENTIONALLY ENDANGERS THE PARTICIPANT AND OTHERS AND COMPLETELY RELEASES THIS STABLE FROM ANY RESPONSIBILITY OR LIABILITY INVOLVING A MISHAP, INCIDENT, ACCIDENT OR INJURY. THE PARTICIPANT has been instructed NOT TO MOUNT, change, or DISMOUNT any horse at any time other than for reasons specifically stated herein or at the specific direction of THIS STABLE. THE PARTICIPANT hereby agrees never to leave the arena, property, trail and or trail -riding group or trial trail guide or instructor at any time, as this is dangerous and can result in serious injury. THE PARTICIPANT understands that he or she et al may be stung by bees, bit by snakes, suffer a heat related injury etc. et al and is otherwise at risk by this outdoor activity.
THE PARTICIPANT has been told that they themselves and or innocent bystanders either at THIS STABLE or on any trail or ride or on THE PARTICIPANT’S OR THE CLIENT’S property OR ANY OTHER PROPERTY OR LOCATION may get kicked, bit, stepped on, ran over, or suffer some injury, the horse may rear, stumble, fall, or run away, injure itself, damage property or injure other persons. THE PARTICIPANT has been instructed that if THE PARTICIPANT is not satisfied with the horse IF assigned to THE PARTICIPANT, that THE PARTICIPANT should immediately notify THIS STABLE OR get off the horse and return to the STABLE with the horse. IF THE PARTICIPANT DOES NOT RETURN WITH THE HORSE OR LEAVES THE HORSE ON TRAIL OR THE HORSE GETS LOOSE THE PARTICIPANT AGREES TO REIMBURSE THIS STABLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH RETURNING THE HORSE TO THE STABLE AND BEAR FULL RESPONSIBILITY FOR ALL INJURIES OR DAMAGE THE HORSE MAY CAUSE TO ITSELF, OTHER PEOPLE, HORSES OR PROPERTY. Having fully understood the dangers above and associated with riding, observing, handling, being in the proximity of, switching, changing or dismounting ANY horse, THE PARTICIPANT agrees to assume all risks and liability and completely release THIS STABLE from any and all liability.
THIS STABLE does not prohibit pregnant women or people under medical care of any kind from participating but reserves the right to do so in the name of safety for horse, rider or any other person, place or thing. It is the responsibility of THE PARTICIPANT and or PARTICIPANT’S legal guardian to make their own decision and or to follow the advice and recommendation of their Medical Doctor. However, THIS STABLE does not recommend riding for pregnant women or riders on medication due to the inherent risks involved. THE PARTICIPANT hereby states that THE PARTICIPANT does not suffer from any physical or mental handicaps that may inhibit my, his or her ability to ride safely or that might contribute to this risk of accident or injury to themselves, THIS STABLE’S horse, any third party or property NOT DISCLOSED IN WRITING HERE BELOW. THE PARTICIPANT hereby agrees to obey and follow all of THIS STABLE'S instructions, guidelines and rules AT ALL TIMES whether stated here, posted on the premises or given verbally. THE PARTICIPANT understands that if THE PARTICIPANT does not, that serious injury may result to THE PARTICIPANT, another rider, horse, spectator, innocent bystander or property and therefore accepts all responsibility and liability for such actions or inactions of THE PARTICIPANT AND OR THE PARTICIPANT’S HORSE. THIS STABLE reserves the right to stop any horse sale trial, lesson or other horse related activity IMMEDIATELY and or remove any rider for any unsafe behavior with NO REFUND or COMPENSATION DUE to THE PARTICIPANT.
THE PARTICIPANT HEREBY AGREES NOT TO to disparage, slander, defame, libel, etc. et al THIS STABLE in any way or to write, speak, communicate, disclose, transmit, transfer, convey, post electronically via any email or website and or imply any negative, unflattering and or derogatory sentiment of any kind in any way at any time whatsoever (ex. ‘yelp’) OR TO BRING ANY SUIT against THIS STABLE et al, or THIS STABLE’S: successors, assigns, agents, affiliates, owners, landlords, visitors, guests, employees, officers, members or Board of Directors, advertisers, sponsors or supporters and volunteers or assistants for any reason at any time now or in the future for any injury, damage, or incident which may occur as a result of THE PARTICIPANT’S participation in any activity offered and provided by or affiliated with THIS STABLE. THE PARTICIPANT, hereby for: itself, its heirs, administrators, successors, assigns and or representatives – FOREVER completely releases, indemnifies, holds harmless and discharges the owners, assignees, contractors, operators, sponsors, agents, associates and employees et.al. of THIS STABLE and their respective agents, representatives, associates and all other participants of and from THIS STABLE for any and all incidents and or loss involving THE PARTICIPANT and or THE PARTICIPANT’s horse. THE PARTICIPANT / VISITOR furthermore agrees to reimburse THIS STABLE upon demand for any and all expenses incurred as a result of any action, legal or otherwise, that THE PARTICIPANT and or THE PARTICIPANT’S heirs, administrators, assigns, representatives or agents may initiate against THIS STABLE or THIS STABLE'S: agents, representatives, associates, assignees or other participants now or in the future. THE PARTICIPANT understands that THE PARTICIPANT is solely responsible for any time and or money which may be lost from employment, school or other activity and for all medical, legal and all other associated expenses or loss whatsoever incurred because of any incident, bodily injury or property damage received on or affiliated with THIS STABLE'S premises or operations and or on any trail or roads or property while participating in any activity provided or performed by THIS STABLE. Failure of Participant to comply with any term herein will result in PARTICIPANT being liable for all claims, damages and injury to STABLE.
THE PARTICIPANT further agrees that any controversy or claim arising out of or relating to this Agreement or the breach hereof, or the interpretation hereof, shall be first attempted to be resolved via non-binding mediation and if unresolved then settled by ARBITRATION in accordance with the RULES OF THE AMERICAN ARBITRATION ASSOCIATION; and judgment upon the award rendered in such ARBITRATION shall be final and may be entered in any court having jurisdiction thereof as full and final payment for any and all injuries, pain and suffering, medical and legal expenses, loss of work et al. All of the provisions of Section 1283.05 of the Code of Civil Procedure are hereby expressly made applicable to any such arbitration. Notice of the demand for arbitration shall be filed in writing with the other party to this document and with the American Arbitration Association. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. THE PARTICIPANT further agrees to be solely responsible for THE PARTICIPANTS’ own legal expenses with no monies due from THIS STABLE at any time. After having brought litigation against THIS STABLE, if a judgment is rendered in favor of THIS STABLE, THE PARTICIPANT agrees to reimburse THIS STABLE for all costs and expenses upon demand as related to said litigation or action. Venue for any proceeding is hereby agreed to be that which is nearest in proximity to THIS STABLE’S address at the time of any necessary proceeding and is hereby subject to THIS STABLE’S relocation over time if any. THE PARTICIPANT is hereby notified of this requirement and advised to verify THIS STABLE’S current location prior to litigating in any manner. This stable reserves the right to pursue small claims for past due amounts.
In the event that any of the terms or conditions of this document are held to be illegal, unenforceable or invalid by any court of competent jurisdiction, the legality, validity and enforceability of the remaining terms or conditions shall not be affected thereby. All parties hereto understand and agree to the terms and conditions stated herein and that this document contains a legal and binding agreement between these parties and that no other oral or written statements have been made or relied upon. I, THE PARTICIPANT hereby authorize THIS STABLE to take and use any photos of THE PARTICIPANT and or the horse as they see fit with NO compensation of any kind due me or THE PARTICIPANT / visitor at any time now or in the future for any reason whatsoever. All images remain the sole unrestricted property of THIS STABLE TO USE IN THE COURSE OF PERFORMING ITS BUSINESS OPERATIONS AS THEY SEE FIT. THE PARTICIPANT HEREBY WAIVES FOREVER ALL RIGHTS AND OR PRIVELEGES REGARDING ANY PHOTOS TAKEN BY THIS STABLE.