WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
1. I, the undersigned, as a condition of participation in horse activities at Oregon Dream Ponies LLC (“ODP”), waive the right to bring action against ODP, its employees, and Bob and Kim Taylor for any injury or death arising out of mounting, riding, training, driving, grooming or riding as a passenger upon a horse.
2. I represent that I am fully aware that there are dangers and hazards connected with engaging in horse activities including, but not limited to:
(a) being stepped on or kicked by a horse,
(b) falling from a horse,
(c) injuries sustained from colliding with walls, fences, trees, buildings, or other objects,
(d) injuries resulting from tripping or falling over obstacles within the riding areas.
3, I represent that I acknowledge and understand that any horse activity that occurs within close proximity of a horse, such as feeding, grooming and handling, carries a certain degree of risk.
4. I represent and warrant that I am in good health and do not suffer from any physical limitation that could be aggravated by riding or handling horses.
5. I represent that I am fully aware that ODP strongly recommends the use of relevant equine safety equipment, such as helmets, and I accept full responsibility for injuries whether or not I choose to accept this recommendation.
6. I represent that I will request from ODP clarification of any rule or safety procedures that I do not understand and that I will request further instruction regarding animals, equipment, or anything else that I do not understand that may affect the safety, riding, or handling of horses on ODP’s premises.
7. It is my express intent that this Waiver of Liability and Assumption of Risk Agreement will bind the members of my family, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and will be deemed as a release, waiver, and covenant not to sue those persons stated in Section 1 of this Waiver of Liability and Assumption of Risk Agreement. I further agree that this Agreement will be construed in accordance with the laws of the State of Oregon.
8. I represent that I acknowledge and understand that ODP does not maintain any insurance policy covering any circumstance arising from my participation in horse activities on ODP’s premises. As such, I am aware that I should review my personal insurance portfolio.
9. I represent that I understand that this Waiver of Liability and Assumption of Risk Agreement is being voluntarily and intentionally signed and agreed to and that in signing this Agreement I know and understand that this Agreement may further limit the liability of equine professionals to include any activity, whatsoever, involving an equine, including death, personal injury and/or damage to property.
VIDEO RECORDING and PHOTOGRAPHY AGREEMENT
Absolutely no video or pictures are to be taken without permission from Kim or Bob Taylor / Oregon Dream Ponies. After receiving permission from Kim or Bob Taylor / Oregon Dream Ponies to record video or take pictures that they will be only used for personal use. Posting to social media or any sharing is allowed only with written permission.
INFECTIOUS DISEASE WAIVER
In consideration of being permitted to participate in any Oregon Dream Ponies event or activity, including, but not limited to, petting, grooming, feeding, visiting, riding and related events and activities, the undersigned understands, acknowledges and agrees that:
Participation in such events or activities by my child and myself involves the possible exposure to and illness from infectious and/or communicable diseases including, but not limited to, COVID-19, MRSA, influenza, and other infectious or communicable diseases. While adherence to particular rules and requirements may reduce the risk of possible exposure, the risk of serious illness and death remains; and
On behalf of my child and myself, I knowingly and freely ASSUME ALL SUCH RISKS, both known and unknown, even if arising from the negligence of the RELEASEES or others, and assume full responsibility for my participation; and
On behalf of my child and myself, I agree to comply with all rules, regulations or conditions established by Oregon Dream Ponies, Yamhill County, Oregon Health Authority and the State of Oregon for participation in such events or activities. If, however, I observe any violation of the rules, regulation or conditions established by Oregon Dream Ponies during my presence or participation, I shall remove myself from participation and immediately bring such matter to the attention of Oregon Dream Ponies; and
On behalf of my child and myself, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Oregon Dream Ponies, its officers, officials, agents, employees, members and if applicable, owners and lessors of premises used to conduct the event or activity in which I participate (“RELEASEES”), from and against any and all claims of whatever type or kind including any illness, disability, death, or other loss or damage to person or property, whether arising from the negligence of (“RELEASEES”) or otherwise to the fullest extent permitted by law.
Further, I expressly agree that this release is intended to be as broad and inclusive as permitted by the laws of the State of Oregon or any other state in which my/our child may participate in any event or activity described herein, and that if any portion of this release is determined to be invalid, it is agreed that the remaining provisions of this release shall continue in full force and effect.
Finally, I further state that I have fully and carefully read the above release, understand the contents of the same and sign this release voluntarily and as my own free act and deed.
I HAVE READ THIS RELEASE OF LIABILITY, HOLD HARMLESS AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I, ON BEHALF OF MY CHILD AND MYSELF, HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
By signing this agreement, I represent that I acknowledge and agree to all terms and conditions set forth and further acknowledge that I have carefully read this agreement and understand what I am signing.
Date: September 17, 2021