In consideration for being permitted to participate in said equine activities:
1. I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, Blue River Horse Center, Inc. d/b/a Summit Valley Horse Center Inc., and every agent, contractor, employee, volunteer, director (President TBA, Vice President Carole Weller, Treasurer Katie Nees, Secretary Marguerite Miller, Ross Sheely, Nancy Guerra, , Dave DePeters ), servant, owner of the property where that activity is conducted, rider, immediate family member, clinician, Executive Director (Elizabeth Kanetsky), Ranch Manager (Sarah Wooten), Ranch Caretaker (), Anastasia Chaney and Emily Rampolla and any private owners of horses used in the programs offered by Blue River Horse Center, Inc. d/b/a Summit Valley Horse Center Inc. thereof all for the purposes herein referred to as “Releasees”, from any and all liability to myself, my legal representative, distributees, guardians, assigns, heirs, and next of kin, all for the purposes herein referred to as “Releasor or Releasors” for injury, death, or damage resulting from my participation in said equine activities as a result of the negligence of Releasees. I further release and discharge Releasees from all liability to Releasors for injury, death or damage resulting from participation in said equine activities as the result of the negligence of any other persons in attendance. In addition, I hereby release and discharge Releasees from all actions, claims or demands Releasors now have or may hereafter have for injury, death, or damages resulting from such activities.
2. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS Releasees and each of them, from any loss, liability, damage, or cost they or any of them may incur due to participation, in any and all equine activities, including but not limited to, the boarding of horses, equine exhibitions, equine competitions, the riding of horses, and or instruction and training in the starting training, selection, care, and handling of horses.
3. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to the negligence of Releasees, or any of them, any employee, servant, contractor, Releasees or other participants from the participation in said equine activities.
4. I EXPRESSLY acknowledge that activities involving horses have inherent risks which means that there are dangers or conditions which are an integral part of horse activities and include among other things, the propensity of a horse to behave in ways that might result in injury, harm, or death to persons on or about them; and the unpredictability of a horse’s reaction to such things as sounds, sudden movement(s), and unfamiliar object(s), persons, or other animals.
5. I EXPRESSLY agree that persons under the age of 18 years, must wear proper and suitable riding attire including boots or shoes with proper heels while participating in any horse activity with Releasees or riding a horse under Releasees’ instruction. Releasor acknowledge that wearing a helmet during activities involving horses greatly reduces the risk of sustaining death or serious bodily injury from accidents that may occur during said equine activities. Releasees recommend that Releasor wear a helmet during all equine activities, but the decision on whether of not to wear a helmet is solely the Releasor’s.
6. If I am signing this voluntary release assumption of risk and indemnity agreement on behalf of a minor, I represent to Releasees that I am the minor’s parent or legal guardian and have full legal authority to sign on behalf of that minor. As part of the consideration for permitting said minor to participate in equine activities with the Releasees, I agree that in the event that said minor is injured or killed, that I will not sue Releasees either on behalf of myself or said minor. In the event that said minor, either before or after reaching his or her majority, elects to sue Releasees I agree that I will save, indemnify and hold harmless Releasees and each of them from all expenses, costs, losses, and damages, including attorney fees, which Releasees may incur as a result of a suit brought by or on behalf of said minor.
7. CHOICE OF LAWS. This agreement shall be governed by the laws of the State of Colorado. The Venue for enforcement of its terms shall be District or County Courts of Summit County, Colorado.
8. Releasor hereby grants to Releasees the absolute right and permission, without compensation, to copyright and use, reuse and or publish (including the Internet) any still photographs or video images in which Releasor is included in whole or in part or composite for any lawful purpose including art, advertising, or trade.
9. If any portion of this Voluntary Release, Assumption of Risk, and Indemnity Agreement is found by a court or arbitrator to be unenforceable, the remainder shall continue in full force and effect.
I HAVE CAREFULLY READ THIS VOLUNTARY RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND BLUE RIVER HORSE CENTER, INC. DOING BUSINESS AS SUMMIT VALLEY HORSE CENTER, AND I SIGN IT OF MY OWN FREE WILL AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
I HAVE READ THIS DOCUMENT AND I UNDERSTAND THAT IT IS A RELEASE OF ALL CLAIMS. I UNDERSTAND THAT I ASSUME ALL RISK INHERENT IN ACTIVITIES WITH PARTICIPATON IN EQUINE ACTIVITIES.
I VOLUNTARILY SIGNED MY NAME EVIDENCING ACCEPTANCE OF THE ABOVE PROVISIONS.
WARNING UNDER COLORADO LAW AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES PURSUANT TO SECTION 13-21-119 COLORADO REVISED STATUTES.
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