RIDER'S RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
WHEREAS, I understand and acknowledge that activities involving horses ("Equine Activities"), including but not limited to the mounting, riding, walking, dismounting, grooming, training, handling, feeding, and otherwise being in the physical proximity of horses is a dangerous activity which produces a foreseeable risk of mortal or serious personal injury and/or property loss to the participant in such activity as well as to the person or property of others; and
WHEREAS, I understand and recognize and warrant that this Release, Waiver of Liability and Indemnity Agreement ("Release") is being voluntarily and intentionally signed and agreed to, and that in signing this Release I know and understand that this Release may further limit the liability of equine professionals to include any activity, whatsoever, involving horses, including death, personal injury and/or damage to property.
WHEREAS, I recognize and agree that the equine professional(s) at JANICKI DRESSAGE, whose address is 24917 BENHAM RD; MOUNT VERNON, WA 98273 has/have made reasonable and prudent efforts to determine my ability to engage in the "Equine Activity", and has/have sufficient knowledge of my equine and horseback riding skills as for me to relieve, release and hold harmless said equine professional(s) from any continuing duty to monitor my Equine Activities.
NOW THEREFORE, in consideration of being granted access and/or use of the facilities of JANICKI DRESSAGE and for other good and valuable consideration, receipt of which is hereby acknowledged, I agree as follows:
4. Binding Nature of Agreement. I agree that this Agreement shall be binding on my personal representatives, heirs and assigns.
5. Governing Law. This Agreement shall be governed by, and construed in accordance with, the internal substantive laws of the State of Washington, without regard to the choice of law rules thereof. I hereby submit to the in personam jurisdiction of the State of Washington. Venue for purposes of any litigation or arbitration concerning this Agreement shall be in Skagit County, Washington.
6. Severability. In the event that any provision of this Agreement shall be void or unenforceable for any reason, then such provision shall be stricken and of no force and effect. The remaining provisions of this Agreement, however, shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity.
ACKNOWLEDGMENT AND ELECTRONIC SIGNATURE
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RIDER'S RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING MY RIGHT TO SUE JANICKI DRESSAGE, ITS OWNERS, EMPLOYEES, AND AGENTS.
I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND MY ELECTRONIC SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
WHEREAS, I understand and recognize and warrant that this Release, Waiver of Liability and Indemnity Agreement ("Release") is being voluntarily and intentionally signed and agreed to, and that in signing this Release I know and understand that this Release may further limit the liability of equine professionals to include any activity, whatsoever, involving horses, including death, personal injury and/or damage to property.
WHEREAS, I recognize and agree that the equine professional(s) at JANICKI DRESSAGE, whose address is 24917 BENHAM RD; MOUNT VERNON, WA 98273 has/have made reasonable and prudent efforts to determine my ability to engage in the "Equine Activity", and has/have sufficient knowledge of my equine and horseback riding skills as for me to relieve, release and hold harmless said equine professional(s) from any continuing duty to monitor my Equine Activities.
NOW THEREFORE, in consideration of being granted access and/or use of the facilities of JANICKI DRESSAGE and for other good and valuable consideration, receipt of which is hereby acknowledged, I agree as follows:
- Assumption of the Risk. I hereby assume full responsibility for, and risk of, any death or bodily injury to myself or others (including, but not limited to, those matters set forth in the above recitals) and damage to or destruction of my property or the property of others, caused by my engaging in any Equine Activity either on the premises of JANICKI DRESSAGE or elsewhere while working with an JANICKI DRESSAGE equine professional, unless such bodily injury or property damage is attributable in full or in part to the gross negligence of JANICKI DRESSAGE. My responsibility includes, but is not limited to, payment of (i) medical costs for myself and others that I may have injured, (ii) costs to replace my own property or the property of others that I may have lost, destroyed, or damaged, and (iii) damages for other non-medical and non-property items such as pain and suffering and lost wages, etc.
- Release, Waiver of Liability, and Discharge of Claims. I hereby release, waive, and discharge any and all claims that I may now or in the future have for damages against JANICKI DRESSAGE, including its owners, occupants, tenants, subtenants, licensees, employees, officers, directors, or agents and the respective affiliated entities or persons of any one or more of them, arising directly or indirectly from my death, the death of any other person, bodily injury to me or others, or damage to my property or that of others, attributable to my engaging in Equine Activities, or my presence on JANICKI DRESSAGE's premises or an offsite facility.
- I acknowledge that JANICKI DRESSAGE requires me to wear ASTM/SEI approved headgear with a chin strap while riding. I understand and acknowledge that the risk of head injuries and death are significantly reduced by wearing appropriate headgear. I hereby release, waive, and discharge JANICKI DRESSAGE, including its owners, occupants, tenants, subtenants, licensees, employees, officers, directors, or agents and the respective affiliated entities or persons of any one or more of them, against any and all claims that I may now or in the future have for damages resulting from my failure to wear headgear while riding either on JANICKI DRESSAGE's premises or at an offsite facility.
- This release is intended to release, waive and discharge, in advance, JANICKI DRESSAGE, together with its owners, occupants, tenants, subtenants, employees, officers, directors and their respective affiliates or persons of any one or more of them, from and against any liability arising out of or connected in any way with my or my guests or invitees engaging in any Equine Activities on the JANICKI DRESSAGE premises or in any activity in which an JANICKI DRESSAGE representative is required to attend on my behalf, and/or my or my guests or invitees presence on the JANICKI DRESSAGE premises, even though such liability may be attributable, in full or in part, to the negligence, recklessness or misconduct of one or more of such persons or entities.
- Medical Authority. I, (participant, or if minor, parents/guardians) hereby grant permission and authority to JANICKI DRESSAGE, its officers and authorized employees to act for me in executing verbal instructions or if unable to contact us, to act for us in dealing with physicians, available ambulance companies and hospitals, to obtain prompt medical attention for the person named above in the event of any perceived medical emergency. I hereby covenant and agree to release JANICKI DRESSAGE its owners, occupants, tenants, subtenants, employees, officers, directors, or agents and their respective affiliates or persons of any one or more of them, and hold harmless from liability connected with obtaining prompt medical attention for the person named above.
- In accordance with such release, waiver, and discharge, and in consideration of being allowed to utilize and/or visit the JANICKI DRESSAGE facilities, I promise not to sue or demand any money or anything else of value from JANICKI DRESSAGE, including any of its owners, occupants, tenants, subtenants, employees, officers, directors, or agents and their respective affiliates or persons of any one or more of them.
4. Binding Nature of Agreement. I agree that this Agreement shall be binding on my personal representatives, heirs and assigns.
5. Governing Law. This Agreement shall be governed by, and construed in accordance with, the internal substantive laws of the State of Washington, without regard to the choice of law rules thereof. I hereby submit to the in personam jurisdiction of the State of Washington. Venue for purposes of any litigation or arbitration concerning this Agreement shall be in Skagit County, Washington.
6. Severability. In the event that any provision of this Agreement shall be void or unenforceable for any reason, then such provision shall be stricken and of no force and effect. The remaining provisions of this Agreement, however, shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity.
ACKNOWLEDGMENT AND ELECTRONIC SIGNATURE
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RIDER'S RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING MY RIGHT TO SUE JANICKI DRESSAGE, ITS OWNERS, EMPLOYEES, AND AGENTS.
I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND MY ELECTRONIC SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.