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EQUUS - Release of Liability and Indemnity Agreement

This agreement made and entered into as of the date written below between EQUUS, a division of Thunderbird Ridge, LLC, Kelly Wendorf, and the respective, trusted colleagues, faculty staff and volunteers, herein designated as the “EQUUS”, and the undersigned, herein designated as the “Customer”, whether in the singular or the plural. The parties, "Customer(s)", recognize that there are certain dangers inherent in the use of horses and equipment for riding and for working with horses and that such activity involves certain risks of personal injury including without limitation, the risk of falling, being kicked, bitten, stepped on, being thrown, sustaining head injury, being bumped, suffering broken bones and other physical and psychological injuries.


We, the undersigned, in consideration for EQUUS permitting me to work with, and engage with the EQUUS equine herd for any reason whatsoever, including, but not limited to, visiting, working with, riding their horses or their leased or associated horses, receiving horse riding instruction, inspecting horses for possible purchase, or being near their horses or their leased or associated horses for personal or professional reasons. 


Customer(s) understand and accept that there are risks involved in riding horses, handling or playing with horses, or just being near horses, that anyone riding, handling or being near a horse can suffer injuries since horses are unpredictable by nature. Though the EQUUS herd is highly trained, and exceptionally gentle and respectful of all humans, let it be known that equine (horse) behavior includes the propensity to kick, bite, shy, buck, stumble, bolt, rear, trample, be unpredictable or collide with other animals, objects or persons with or without warning. Customer(s) acknowledge that EQUUS hereby advises Customer(s) that Customer(s) wear closed-toe shoes when engaging in The EQUUS Experience, and being around their horses, and that EQUUS does not supply this gear. 


Customer(s) also recognize that other risks inherent to other activities they may partake on the EQUUS facility - Buffalo Spirit Ranch - may include but are not limited to yoga, hiking, nature walks, all horse-related activities, biking, bodywork, shamanic work, team building activities, bonfire attendance, stargazing and driving in EQUUS vehicles and UTVs.


Customer(s) agree to be familiar with and abide by all the rules and regulations established by EQUUS, including any safety regulations established for the benefit of all participants. Customer(s) accept sole responsibility for their conduct and actions while at EQUUS and while using EQUUS property or operating EQUUS transportation, motorized or otherwise, at EQUUS or other locations.


Customer(s) further acknowledge that EQUUS hereby advises me that New Mexico has an Equine Liability Act (NMSA 1978, 42-13-1 through 42-13-5 (1995) in effect that limits EQUUS’s liability for personal injuries to people that may occur as a result of the behavior of equine animals (horses) while engaged in any equine activities.


In consideration for EQUUS permitting Customer(s) to work with them (EQUUS), engage with them (EQUUS) and their horses or leased or associated horses for any reason whatsoever and/or permitting me to ride, handle or be around their horses, or their leased horses, Customer(s) hereby release and discharge EQUUS from any and all actions, claims, demands, losses, injuries, damages, and liabilities whatsoever, known and unknown, past or present, arising as a result of EQUUS permitting me to ride, engage with, handle or be around said horses. This release shall not apply to the matters set forth in Section 42-13-4(C) of the Equine Liability Act, or to intentional acts or gross negligence by EQUUS or its agents or employees.


In further consideration for EQUUS permitting Customer(s) to work with them (EQUUS), engage with them (EQUUS), their facility Buffalo Spirit Ranch, their associated activities, their faculty, staff, and volunteers, their vehicles, and their horses or leased or associated horses for any reason whatsoever and/or permitting me to ride, handle or be around their horses, or their leased horses, Customer(s) agree to indemnify and to hold EQUUS harmless from and defend EQUUS against any and all liabilities, actions, suits, debts, demands and claims or any lawsuits or other claims for damages filed by me or anyone claiming damages for injury to me, and Customer(s) agree to pay any and all costs including attorney's fees associated with EQUUS’s defending such lawsuits and claims of every kind and nature whatsoever which Customer(s) now have or which may hereafter arise out of or in connection with EQUUS permitting Customer(s) to work with them (EQUUS), engage with them (EQUUS) and their horses or leased or associated horses for any reason whatsoever and/or permitting Customer(s) to ride, handle or be around their horses, or their leased or associated horses. This indemnity undertaking shall not apply to the matters set forth in Section 42-13-4(C) of the Equine Liability Act, or to intentional acts or gross negligence by EQUUS or its agents or employees. 


Knowing of the possible risks, dangers and rigors involved in equine activities and all other associated activities, I expressly accept these risks, dangers and inherent risks, and I assume full responsibility for injury to myself and/or members of my family or others who joined me, including death, and for loss or damage to any other person, their property, as well as my own personal property.


I hereby fully release and agree to indemnify and hold harmless EQUUS, its members, officer, directors, agents, staff, employees, representatives, volunteers, owners of property on which event occurs, and/or event organizers (all parties) of and from any and all liability for injuries, death or damages, to persons, equine or other property of any nature whatsoever that may arise from, or in connection with, my participation in any aspect of the event, accepting any and all risks involved and waiving rights of any kind that might otherwise exist.


In addition, I hereby release all parties from any damages even if caused by the negligence of all parties that may arise from injury to persons, equine or other personal property. 


I will not sue any one among all parties for any injury, loss or damages that may result or in any way be connected to my participation. I will defend, indemnify and hold harmless all parties against all actions claims, demands and liabilities (including court costs and attorney fees) related to any injury, death, damages, or property damage resulting from or arising out of my participation.

First Participant's Name
First Name*
Last Name*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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