I understand that the purpose of this Complete Release of All Liability, Waiver, and agreement to Hold Harmless and Indemnify (the Agreement) is to give all persons and entities connected with BANNAN ENTERPRISE LLC DBA HEART HORSES, located at 65-670 Kukonahua Road, Waialua, HI 96791 a complete release of any legal responsibility and liability to me and my children for any harm, injury, loss, or damage we may suffer at HEART HORSES. By signing this Agreement, I intend to, and do hereby, give a complete release for any negligence, gross negligence, carelessness, recklessness, and other fault of HEART HORSES, its employees, agents, members, managers, officers, directors and related persons or facilities, affiliated persons, volunteers, sponsors and groups and all persons connected with HEART HORSES. By signing this agreement, I have made a conscious decision for myself and/or my minor children to assume sole and absolute responsibility for any and all risk of injury and even death to me and/or my minor children in order to enter and be at the HEART HORSES facility and to use or make use of any equipment, structures, and animals thereon. As used hereinafter, the terms I, me, myself and my shall include myself and my minor children.
I hereby expressly assume any and all risk of harm, injury, loss and damage to myself and my minor children associated with our presence upon Sunset Ranch, or during HEART HORSES activities. I fully understand that the ranch is a working ranch and can be a dangerous place. Per the HAWAII CODE ANNOTATED DIVISION 4. COURTS AND JUDICIAL PROCEEDINGS
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIALPROCEEDINGS
[CHAPTER 663B]. EQUINE ACTIVITIES HRS § 663B-1 (1994)I understand that "Inherent risks of equine activities" means those dangers or conditions which are an integral part of equine activities, including, but not limited to: (1) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; (2) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (3) Certain hazards such as surface and subsurface conditions; (4) Collisions with other equines or objects; and (5) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability. I understand that the HEART HORSES facilities, structures and equipment on the property may be dangerous. Equipment and instructions and information provided to me at HEART HORSES might also be defective and dangerous.
Specifically, I understand, acknowledge, recognize and accept the fact that my presence at HEART HORSES and my activities while there may be dangerous and unattended by anyone; footing may become slippery or obstructed, outdoor exposure may cause sunburn, sunstroke, heat exhaustion etc., there may be falling tree branches, mudslides, flashfloods, high winds, lightening or other dangerous conditions: wild or feral animals may be encountered and can be dangerous, other recreational users, hunters or trespassers may pose separate risks or dangers. Possible injuries covered by the Agreement, without limitation, include bodily abrasions, contusions, broken bones, neck and back injuries, spinal injuries, head injuries, blindness, paralysis, loss or impairment of extremities, all other injuries or death.
With this knowledge, understanding and intent and in consideration of being allowed on Sunset Ranch and HEART HORSES facilities, I do, for myself, my minor children and for my successors, assigns, representatives, affiliates, agents, employees, contractors, guests, invitees, licensees and attorneys and any other party claiming by, through, or under me (hereinafter collectively called my affiliates), do hereby fully and finally forever release, hold harmless, waive claims against, acquit and forever discharge property manager, owner, program director, employees, agents, members, managers, officers, directors and related persons or facilities, affiliated persons, volunteers, sponsors and groups, attorneys and all persons connected with HEART HORSES (hereinafter called HEART HORSES affiliates), any damage or injury which I, my minor children and/or my affiliates now have , have ever had, or may have, whether known or unknown as the date hereof, against HEART HORSES affiliates resulting from or arising out of or in connection with, directly or indirectly, my presence, the activities and/or those other party claiming by, through or under me, on or about the HEART HORSES facilities.
In consideration of being allowed participation in HEART HORSES programs and the use of the property, grounds, equipment, structures, and animals, I agree to and do hereby indemnify, defend and hold HEART HORSES affiliates completely and fully harmless from and against any and all claims or demands for loss, expense, or damage, including, without limitation, property damage, business interruption, economic loss and personal injury and death, arising out of or in connection with, directly or indirectly, my Activities and/or those of any other party claiming by, through, or under me, on or engages in activities run by HEART HORSES. I further agree to and do hereby also indemnify, defend and hold HEART HORSES affiliates completely and fully harmless from and against and all loss, liabilities, costs, damages and expenses, including, without limitation, all attorneys fees and costs incurred by HEART HORSES affiliates, arising out of or in connection with any claims, actions or demands, threatened or actual, against HEART HORSES affiliates, relating to, directly or indirectly, my presence, the Activities and/or those of any other party claiming by, through or under me, at the HEART HORSES facility.
I acknowledge and agree that HEART HORSES affiliates shall not be liable or responsible in any way for any loss or damage to any tools, equipment or other property belonging to me or my affiliates. Neither shall HEART HORSES affiliates be liable for damages for injuries or death suffered by me, my minor children or my affiliates while participating in the activities or while on the HEART HORSES facilities. I also acknowledge and agree that I have been advised that Hawaii Revised statutes HRS § 663B-1 (1994) limit liability towards an Equine Professional and Equine Activity Sponsor.
I agree not to operate any motor vehicles outside of the driveways and designated parking areas at the HEART HORSES facility.
I shall, at all times while I am at the HEART HORSES facility, observe and perform all laws, ordinances rules and regulations now or hereafter made by HEART HORSES affiliates and/or by any governmental authority applicable to HEARTHORSES or any improvements thereon or use thereof, and agree to and do hereby indemnify, defend and hold HEART HORSES affiliates harmless from and against any and all claims, demands, losses, damages, costs and expenses, including reasonable attorneys fees, arising by reason of the nonobservance or nonperformance of said laws, ordinances, rules and regulations. I shall also comply with any directions given by on site personnel of HEART HORSES.
I have been informed that HEART HORSES require all riding students to wear proper footwear and protective headgear when riding. If I fail to do so it is against the explicit requirements of HEART HORSES, and I therefore assume any and all responsibility for nay injury, including death, resulting from my failure to follow this requirement.
I acknowledge that no other promises or agreements or representations of fact or opinion have been made to me in order to persuade me to sign this Agreement and that I have signed this Agreement freely, voluntarily, without coercion, not under duress and with full knowledge that I am giving up my rights to make claims against and/or to recover money from HEART HORSES Affiliates for any harm, loss, injuries and damage I may suffer at, on, or about HEART HORSES facilities and I am willing to assume all risks on or about HEART HORSES facilities in connection with the Activities.
Neither the failure nor the delay on the part of a party to exercise any right, remedy, power or privilege under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof nor shall any single or partial exercise thereof preclude any other or further exercise of the same or any other right, remedy, power or privilege, or shall any waiver of right, remedy, power or privilege with respect to any occurrence be construed as a waiver thereof with respect to any other occurrence.
I expressly agree that being allowed to come on to HEART HORSES facilities is sufficient consideration for this Agreement. I accept HEART HORSES facilities in AS IS WHERE IS and WITH ALL FAULTS condition and I acknowledge that HEART HORSES Affiliates have not made any representation or warranty as to the present or future suitability of HEART HORSES facilities for any specific purpose.
I have been advised not to sign this document unless I fully and clearly understand its contents. I do understand the contents hereof and willingly proceed to sign the document and agree to its terms.
I understand and agree that by signing this agreement I am releasing, waiving, surrendering, agreeing to forego and giving up all my rights to make a claim against and/or to file suit against HEART HORSES Affiliates for any injuries or damages to me or my minor children and/or Affiliates sustained during HEART HORSES activities. I understand that by signing this agreement, I am giving up important legal rights and claims now and forever. I also hereby stipulate, and agree that the HEART HORSES Affiliates shall be awarded summary judgment as a matter of law against me and my Affiliates in the event that I make a claim in violation of this agreement and that and that I will pay the costs and attorneys fees for any such person or entity