Participant Agreement, Release and Assumption of Risk In consideration of the services of Woodlands Equestrian Club LLC., Isa-Rosal, LLC, their agents, officers , volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf or Antonio Renilla Acedo, Ana Renilla Delgado, Marta Renilla Delgado,Anartz Chanca, Brenda Snider, Elena Lemm, Rochelle Burroughs, Bailly Burroughs, Robert Aberle, Steven Moss, Rocio Jurado, Mary Hirsch, Elizabeth Lakoski, their agents, officers, volunteers, participants, clients, boarders,employees, and all other persons or entities acting in any capacity on their behalf, (hereinafter collectively referred to as WEC), I hereby agree to release, indemnify and discharge WEC, Woodlands Equestrian Club LLC., on behalf of myself, my children, my parents, my heirs: - I acknowledge that my participation in horseback riding entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: Contact with wild animals, hiking and exposure to the elements. A horse, regardless of its training and usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you to be thrown from your horse or injured by the horse. Horses may do such things as bite, kick, buck, lie down, or stumble. Saddles may slip and other tack or saddle problems may develop as a result of normal use and wear. Your horse and/or our horse may collide with obstacles or encounter variations in terrain such as creeks, water, bridges, traveled roads, wild animals, birds, stump, forest growth, debris, rocks and cliffs, jumps and other obstacles whether obvious or not and whether man made or natural. Each of those obstacles or variations in terrain could cause you to lose control of your horse and you could fall. Riding a horse requires the participant to balance on the saddle. Participants may lose their balance that can result in falling from the horse. Furthermore, WEC employees and subcontractors have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participants fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WEC, Woodlands Equestrian Club, Isa-Rosal, LLC, Antonio Renilla Acedo, Ana Renilla Delgado, Marta Renilla Delgado, Bailly Burroughs, Steven Moss, Anartz Chanca, Brenda Snider, Elena Lemm, Rochelle Burroughs, Robert Aberle, Rocio Jurado, Mary Hirsch, Elizabeth Lakoski, their agents, officers, volunteers, participants, clients, boarders,employees, from any and all claims, demands or causes of action, which are in any way connected with my participation in this activity or my use of WECs horses, equipment or facilities, including any such claims which allege negligent acts or omissions of WEC, Woodlands Equestrian Club, Isa-Rosal, LLC,Antonio Renilla Acedo, Ana Renilla Delgado, Marta Renilla Delgado, Anartz Chanca, Steven Moss, Bailly Burroughs, Brenda Snider, Elena Lemm, Rochelle Burroughs, Robert Aberle, Rocio Jurado, Mary Hirsch, Elizabeth Lakoski, their agents, officers, volunteers, participants, clients, boarders,employeesor any of their officers or employees.
- Should WEC or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- Head Protection Clause - I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless: WEC, Woodlands Equestrian Club, Isa-Rosal, LLC, Antonio Renilla Acedo, Ana Renilla Delgado, Marta Renilla Delgado, Anartz Chanca, Brenda Snider, Bailly Burroughs, Steven Moss, Elena Lemm, Rochelle Burroughs, Robert Aberle, Rocio Jurado, Mary Hirsch, Elizabeth Lakoski, from any and all claims, liabilities, demands or causes of action, which are in any way connected to my choice of not wearing protective headgear/helmet as recommended by said parties above in conjunction with WECs horses, equipment or facilities, including any such claims which allege negligent acts or omissions of WEC, Woodlands Equestrian Club, Isa-Rosal, LLC, Antonio Renilla Acedo, Ana Renilla Delgado, Marta Renilla Delgado, Pablo Vazquez, Steven Moss, Bailly Burroughs, Anartz Chanca, Brenda Snider, Mary Hirsch, Elena Lemm, Rochelle Burroughs, Robert Aberle,, their agents, officers, volunteers, participants, clients, boarders,employees,or any of their officers or employees. All minors MUST wear a helmet while on a horse.
- In the event that I file a lawsuit against WEC, Woodlands Equestrian Club, Isa-Rosal, LLC, Antonio Renilla Acedo, Ana Renilla Delgado, Marta Renilla Delgado, or any of their officers, contractors and employees, I agree to do so solely in the state of Texas, Montgomery County and I further agree that the substantive law of the state shall apply in that action without regard to the conflict of the law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
- I understand that my car, items inside of my car and all my unattended belongings, inside or outside the facility of ISA ROSAL, LLC (Woodlands Equestrian Club) have been left at MY OWN RISK. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WEC, Woodlands Equestrian Club, Isa-Rosal, LLC, Antonio Renilla Acedo, Ana Renilla Delgado, Marta Renilla Delgado, Pablo Vazquez, Anartz Chanca, Bailly Burroughs, Brenda Snider, Elena Lemm, Rochelle Burroughs, Robert Aberle, Rocio Jurado, Mary Hirsch, Steven Moss. Elizabeth Lakoski and any of their offices, contractors and employees from any and all claims, demands or causes of action, which are in any way connected with my belongings during my stay in Woodlands Equestrian Club property. I hereby speak on behalf of myself, my guests and my relatives during my or our visit to the barn and allow the information below to be used for Woodlands Equestrian Clubs communications.
- As myself or as the parent and/or tutor of the minor I am signing for I hereby consent that any photographs, video-tapes, recordings, etc. and in general any image in which I or my child appears, may be freely be used by Woodlands Equestrian Club, Isa Rosal, its agents, contractors and employees, thus becoming their property. I hereby clear Woodlands Equestrian Club, Isa Rosal and their agents of any claims on my part or my child´s in the present and future.
- UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
- You warrant that the following statements are true and correct and you understand that the RELEASES have relied on them in entering into this RELEASE: No oral representations, statements or inducements apart from the foregoing written agreement have been made.
- You assume full responsibility and risk of bodily injury, death or property damage due to negligence of RELEASES or otherwise upon entering WEC.
- You agree to conduct yourself in a safe and responsible manner to assure the safety of yourself and other guests and staff of WEC. This safe and responsible conduct will extend to the time you are a guest of WEC and also while you are traveling to and from WEC.
- You agree that this agreement shall apply to any incident, injury, accident or death occurring at WEC on the date of this agreement and FOR A PERIOD OF 10 YEARS after the execution of this agreement.
- YOU HAVE READ AND VOLUNTARILY SIGN THIS VOLUNTARY RELEASE FROM LIABILITY AND INDEMNIFICATION AGREEMENT.
- YOU UNDERSTAND THAT YOU ARE ASSUMING ALL RISKS INHERENT IN WOODLANDS EQUESTRIAN CLUB´S ACTIVITIES AS HEREIN DEFINED.
By signing this document, I acknowledge that if anyone and/or horse is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WEC, Woodlands Equestrian Club, Isa-Rosal, LLC, Antonio Renilla Acedo, Ana Renilla Delgado, Marta Renilla Delgado, Anartz Chanca, Brenda Snider, Elena Lemm, Rochelle Burroughs, Robert Aberle, Rocio Jurado, Bailly Burroughs, Mary Hirsch, Steven Moss, Elizabeth Lakoski, their agents, officers, volunteers, participants, clients, boarders, contractors, employees, on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read the entire document. I have read and understood it, and agree to be bound by its terms. October 4, 2024 |