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Agreement for Release of Liability, Assumption of Risk, and Indemnity

Read carefully. This contract includes a surrender of legal rights.

This agreement is between the Participant(s), who are identified in the signature blocks below, and the Released Parties, who are Blue River Horse Center Inc. dba Summit Valley Horse Center, SVHC, and ReSaddled Thrift Store, with an address of PO Box 1865, Silverthorne, CO 80498, and its officers, directors, members, agents, representatives, employees, volunteers, visitors, independent contractors, successors, assigns, insurance carrier(s), anyone acting on its behalf, and the owners of any premises on which activities are carried out. Reference to “I,” “me,” or “my” is to each Participant and his or her parent/legal guardian, if any.

In considerationforreceiving permission to participate in Equestrian Activities, I acknowledge and agree to the following:

1.     WARNING: Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. WARNING: Under Colorado Law, there is no liability for the death of or injury to a participant in an agricultural recreation or agritourism activity resulting from the inherent risks of the agricultural recreation or agritourism activity, pursuant to section 13-21-121, Colorado Revised Statutes.

2.     Equestrian Activities; Acknowledgment of Risks and Their Consequences.

a.     Equestrian Activities. Equestrian Activities include horse activities and riding of any kind, including without limitation lunging and cart driving; handling horses on the ground; activities incidental to mounted or unmounted handling of horses, such as grooming and leading, as well as ranch maintenance such as cleaning, fencing, clearing weeds, and painting; and simply being on a premises with horses. Reference to horses in this agreement includes horses, ponies, mules, donkeys, or hinnies. Equestrian Activities may be led by the Released Parties or others. Equestrian Activities may take place on or off the Premises, which is defined as the property located at 35405 Highway 9, Silverthorne, CO 80498. Participation in Equestrian Activities includes mere presence on the Premises incidental to an Equestrian Activity, observing, and active participation.  

b.     Risks. I understand that there are risks associated with participating in Equestrian Activities, and that these risks include inherent risks, hazards, and dangers. Equestrian Activities can cause injury, damage, death, or other loss to the Participant or others. These risks include, but are not limited to:

i.     Risks associated with horses: Horses are unpredictable in all circumstances. For example, without warning, horses can kick; strike; bite; rear; bolt; fall down; and react to the environment, sudden movements, noise, people and other animals or objects (regardless of training, usual past behavior, or characteristics). Other riders or handlers may not control their animals and may misunderstand or misuse equipment.The Participant or other participants may overestimate their ability or fitness to ride or handle horses; be inattentive; lose control of their horse; misunderstand or misuse equipment.

                  ii.     Equipment risks: Equipment may be misused, break, slip, fail, or malfunction.

                  iii.     Premises risks: The Premises includes indoor and outdoor spaces with jumps, trail course, or other equestrian obstacles that can result in injury when used. Animals, such as dogs, cats, or wild animals, with unpredictable behavior may be present. On and off premises risks include slippery, icy, uneven ground or other dangerous conditions. Use of indoor or outdoor spaces shared with other people and animals risks exposure to communicable diseases, including viruses (such as the virus that causes COVID-19), bacteria, and other pathogens. I understand that for off-premises activities, the Released Parties have no responsibility or control over the premises or any known or unknown obstacles or dangers.

                   iv.     Risks present in an outdoor environment: These risks include travel over uneven terrain, whether on or off trail, including man-made obstacles or hazards; terrain that has been altered by animals resulting in increased hazards such as holes in the ground into which a horse or human may step; stinging, venomous and/or disease carrying animals, insects or microorganisms; poisonous plants; wild or domestic animals and other natural or man-made hazards. Participants may be subject to dangerous and unpredictable weather changes. Hazards may not be marked or visible. Activities in remote locations may be far from medical facilities, causing delays in communication, transportation, evacuation, and medical care.

                     v.     Risks of poor judgment and decision making: These risks include the risk that I or others, including the Released Parties, may misjudge or negligently judge my or others’ capabilities, health, fitness to participate, or physical condition; misjudge or negligently judge some aspect of travel, instruction, medical treatment, weather, or terrain; or misjudge or negligently construct or maintain the premises, trails, or other obstacles for use by participants. These risks also include the potential that I or others, including the Released Parties, may act carelessly or recklessly. These risks also include the risks that the Released Parties knew or should have known that equipment or tack they provided was faulty, and that the Released Parties failed to make reasonable and prudent efforts to determine my or others’ ability to engage safely in Equestrian Activities and determine my or others’ ability to safely interact with or manage an animal.

                   vi.     Risks due to personal health: I understand that mental and physical conditions (including use or abuse of alcohol or any prescription or non-prescription drugs), known or unknown, can increase the risks associated with Equestrian Activities. I understand that the Released Parties do not review my mental or physical conditions and cannot anticipate or eliminate risks associated with them. I represent that I do not have any mental or physical condition or other impairment that may impair my ability to safely engage in Equestrian Activities.

c.      Consequences. I understand that the consequences of the risks described above include MY PERSONAL INJURY, MY DEATH, AND DAMAGE TO MY PROPERTY:

                      i.     The risks described above and other risks may result in falling; being struck by, colliding with or impacting objects, people, horses, or other animals; reacting to weather conditions or increased exertion; or becoming disoriented. These and other circumstances may cause heat or cold related conditions; heart or lung complications; broken bones; hospitalization, paralysis or other permanent disability; mental or emotional trauma; concussions or other head injuries; sunburn or other burns; illnesses (including contracting animal/insect borne or contagious diseases); infections; cuts or wounds or other injury, damage, death or loss. These risks also may result in injury or loss of my property, including my horse(s), car(s), trailer, or other personal property.

                      ii.     I understand that headgear or other safety gear may prevent or lessen injury, but that use of safety gear does not guarantee that injury or death will not occur.

 

3.     Assumption of Risk. I expressly assume responsibility for all risks of Equestrian Activities. Notwithstanding these risks, I voluntarily participate. I agree to abide by all rules and policies (including COVID-19 policies) established by the Released Parties for participation. If I am the Parent/Legal Guardian of a minor Participant, I permit him or her to participate in Equestrian Activities notwithstanding these risks, and I agree to discuss with him or her the nature of these activities, the risks and any rules.

4.     Personal Responsibility. I agree that I must take responsibility for my safety and conduct around horses. I agree that if I am under age 18, I must wear headgear meeting ASTM/SEI standards at all times when participating in Equestrian Activities, whether mounted or unmounted, and if I am age 18 or older, I must at minimum where such headgear while participating in mounted Equestrian Activities. I agree that I also must wear other appropriate safety gear and appropriate protective shoes and clothing while participating in Equestrian Activities. I understand that I am responsible for my own safety gear, and if I am unsure what is appropriate for the particular activity I am engaging in, I will research it. For activities involving horses, I understand that recommended safety gear includes headgear meeting ASTM/SEI standards and appropriately protective closed-toe shoes. If I use my personal equipment and safety gear or headgear, I assume full responsibility and I do not rely on the Released Parties for their selection, fit, or condition. If I use equipment or safety gear provided by others, I agree that I have a responsibility to inspect the fit and condition of that equipment, and to raise any questions or concerns I may have. If I am around or work with a horse provided by the Released Parties, I agree that I have a responsibility to make known to them the extent of my ability and prior experience with horses and to raise any questions or concerns I may have about the appropriateness of the match with a particular horse. If I use my own horse, I represent that my horse’s manner and physical condition are adequate for me to participate safely in Equestrian Activities, and I understand that the Released Parties have made no assessment of the appropriateness of my match with my horse. I am responsible for providing my own protective supplies, such as masks or disinfectants, to protect against exposure to communicable diseases. When I participate in Equestrian Activities, I understand that my safety is my responsibility, and that I must have an authorized SVHC representative present.

5.     Release and Indemnity.

a.     I agree to release and not to sue the Released Parties, for any and all claims that I may have for injury, damage, death, or other loss (including attorney fees and costs) that is in any way connected with any Participant’s or other participant’s participation in Equestrian Activities. I understand that I am agreeing to waive all claims I may have against the Released Parties; agreeing to bind my legal representative, my estate, assigns, subrogors, or anyone acting on my behalf; and agreeing that neither I nor my legal representative, my estate, assigns, subrogors or anyone acting on my behalf will make a claim against the Released Parties related to or as a result of any Participant injury, damage, death or other loss. This agreement to release and not to sue includes but is not limited to any claim (whether made in a court proceeding or elsewhere) for negligence (but not gross negligence or willful or wanton misconduct) and/or wrongful death (including claims related to response, assessment, or treatment for emergency medical or other health issues), property damage (including to any horse I own or for which I am responsible), loss of consortium, breach of contract, premises liability, and any other claims for liabilities, attorney fees, expenses or other loss of mine.

b.     I agree to defend and indemnify (meaning I agree to protect by reimbursement or payment) the Released Parties for any and all claims (a) that I or anyone acting on my behalf brings against them for injury, damage, death, or other loss (including attorney fees and costs) arising out of or related to my participation in Equestrian Activities; or (b) that a third party brings against the Released Parties for injury, damage, death, or other loss caused by my conduct while participating in Equestrian Activities. My agreement to defend and indemnify includes an agreement to pay any liabilities; attorney fees; associated legal expenses such as court costs, expert witness fees, and other litigation costs; and any other losses the Released Parties incur defending such claims. I agree that the Released Parties retain the right to choose counsel and direct their defense.

6.     Medical Care and Expenses. I agree that if I need emergency medical treatment, I or my own accident/medical insurance company must pay for all associated expenses. I authorize the Released Parties to arrange for emergency medical care or transportation for me in the event of an accident or injury, and to do so even if it is unable to obtain consent from my parent or legal guardian after reasonable efforts.

7.     Other Provisions.

a.     This agreement applies to all of Participants’ present and future participation in Equestrian Activities.

b.     I agree that Colorado law (without regard to its “conflict of laws” rules) governs this agreement and any dispute I have with the Released Parties arising out of or related to this agreement, contractual or otherwise, and agree that any mediation, suit, or other proceeding must be filed or entered into only in Summit County, Colorado, or the U.S. District Court in Colorado.

c.      For any dispute not settled by informal discussion, I agree to first attempt to resolve the dispute through mediation before a mutually acceptable Colorado mediator, the fees for which will be shared equally by the parties.If mediation fails to resolve the dispute, I agree that the dispute shall be submitted to binding, confidential, and non-appealable arbitration, with any threshold question of arbitrability to be decided by the arbitrator. Any arbitration award may be submitted to a court of competent jurisdiction for entry of judgment. The cost and expenses of the arbitrator shall initially be shared equally by the parties, subject to paragraph 7.f below.

d.     This agreement contains the parties’ entire agreement. No prior promise, understanding, or agreement, verbal or otherwise, exists between or binds the parties, except as expressly stated in this agreement.

e.     This agreement is to be interpreted and enforced to the fullest extent allowed by law. If any part of it is deemed unenforceable, the rest of it remains in full force and effect and enforceable.

f.       If any dispute between me (or other party acting on my behalf) and a Released Party regarding any matter arising out of or related to this agreement is submitted to arbitration or any other legal suit or proceeding, and if a Released Party is the prevailing party, it is entitled to an order or award requiring me (or other party acting on my behalf) to pay all reasonable costs incurred by it in that proceeding, including attorney fees, expert witness fees, and costs.


8.     _____ YES or ____ NO Media Release. I grant the Released Parties the right, without compensation, to photograph, videotape, and/or record the Participants, and the right to use those images and recordings in publicly disseminated information and materials in any medium, including but not limited to print, internet, social media, radio, or television. I release the Released Parties from any and all liability related to such use.

I have had the opportunity to ask questions about this agreement and the risks of participating in Equestrian Activities. I have carefully read, and I understand and voluntarily sign this agreement.

 

A parent or legal guardian must sign on behalf of a participant under age 18 or who otherwise has a legal guardian. By signing as Parent/Legal Guardian, I represent that I am the parent or legal guardian of the Participant first listed below, and that I am signing not only for that Participant but also for myself as a Participant.

 

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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*
Middle Name
Last Name*
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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