This Liability Release and Authorization Agreement (Agreement) is entered into on July 21, 2018, by and between:
1. Cross Creek Stables, an equine enterprise, and its affiliates and each of their respective officers, employees, and agents (collectively CCS); and
2. (Rider), and, if Rider is not of legal capacity (for example, rider is a minor), Riders Parent and/or Legal Guardians (Guardian).
In return for the use of CCS property (including real property, facilities, equipment, and personal property (including horses)) (CCS property) and CCS services (whether provided at CCS or at a remote location) (CCS services), all at CCS discretion, Rider and Guardian(s) hereby acknowledge and agree to the following terms and conditions:
1. Horse Related Activities:
a. Rider and Guardian acknowledge that there are always risks inherent in riding, driving, handling, and/or being around horses and that persons who engage in horse related activities may incur injuries as a result of the inherent risks.
b. Rider and Guardian acknowledge that UNDER OKLAHOMA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR INJURY TO A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES PURSUANT TO THE OKLAHOMA LIVESTOCK ACTIVITIES LIABILITY LIMITATION ACT.
2. Assumption of Risk: Rider and Guardian assume any and all risks involved in or arising from Riders and Guardians use of CCS property and CCS services.
3. Insurance: Rider and Guardian agree to carry full and complete insurance which covers Riders and Guardians use of CCS property and CCS services as well as Riders and Guardians personal property (including, but not limited to, horses in the possession and/or control of Rider and/or Guardian).
a. Authorization for Rider Not of Legal Capacity: Guardian authorizes Rider to engage in equine activities at CCS and related activities with CCS representatives.
b. Authorization to Utilize Likeness: By signing below, Rider and Guardian hereby authorize CCS to capture likenesses of Rider and/or Guardian (photographs, video and/or audio recordings) at CCS and/or at equine activities and to utilize the likenesses to promote CCS.
c. Authorization to Obtain Emergency Medical Care for Rider and/or Riders Guardian: Rider and/or Guardian authorizes CCS to obtain necessary emergency medical care for Rider and/or Guardian associated with the use of CCS facilities and/or services and/or arising while Rider is with a representative of CCS (and not with Riders Guardian). This authorization for emergency medical care will remain effective so long as Rider and/or Guardian are associated with CCS and/or until withdrawn in writing.
5. CCS Rules: Rider and Guardian agree at all times to abide by CCS rules and best practices, which may be presented in writing or verbally at CCS discretion.
6. Riders and/or Guardians Horse(s): If Rider and/or Guardian brings a horse in Riders and/or Guardians possession or control onto CCS property, Rider and/or Guardian shall provide documentation that horse is, at that time, free from infection and contagious or transmittable disease. CCS reserves the right to refuse or discharge a horse from CCS at any time for any reason.
7. Waiver, Release of Liability/Indemnification/Hold Harmless, Promise Not to Sue.
a. Waiver: Rider and Guardian specifically waive protection afforded by any statues or law in any jurisdiction that provides that a general release shall not extend to claims in which the individual agreeing to the release does not know or suspect to exist at the time of executing the release.
b. Release/Indemnification/Hold Harmless: Rider and Guardian release CCS from all liability arising from Riders and/or Guardians use of and presence upon CCS property and facilities and use of CCS services. Rider and Guardian shall indemnify CCS, and hold CCS harmless from any and all claim, causes of action, damages, judgments, costs, and/or expenses related to use of CCS property and CCS services.
c. Promise Not to Sue: Rider and Guardian agree not to sue CCS in connection with any claims, causes of action, injuries, damages, costs, or expenses arising out of use of, or presence on, CCS property and facilities and arising out of use of CCS services.
8. Choice of Law and Jurisdiction: This Agreement shall be enforced and interpreted according to the laws of the State of Oklahoma. Any cause of action for a breach of or enforcement of this Agreement shall be commenced and maintained only in Oklahoma County, Oklahoma.
9. By signing below, the party represents that he/she has the requisite authority to deliver this agreement and bind the parties to the terms and conditions of this Agreement.