This Agreement is entered into TODAY’S DATE: by and between participant, hereinafter referred to as “I” and Millbrook Equestrian LLC and Alexia and Patrick Honegger who reside at 5101 Blue Bell Trail, Elizabeth, CO 80107, hereinafter referred to as “INSTRUCTOR” who reside at 5101 Blue Bell Trail, Elizabeth, CO 80107, hereinafter referred to as “FACILITY”.
IT IS HEREBY AGREED TO AS FOLLOWS:
**There is a stringent 24 hour cancellation policy on all lessons ** All make up lessons must be done within the same month or the lesson is lost **
1.That, I, the undersigned, do for myself and on behalf of my child or legal ward, hereby voluntarily request to participate in riding instruction as a student(s) with INSTRUCTOR and her employees, and that student will either ride his or her own horse or horses provided by Millbrook Equestrian LLC for instructional purposes.
2.That parent or guardian and student understand that horses are unpredictable by nature: that when frightened or angry or under stress by such things as sounds, sudden movements, unfamiliar objects, people, other animals, horses’ natural instincts are to jump forward or sideways, to run away from danger at a trot or gallop, to kick, to buck, to rear up in front, or to bite; that horses are extremely powerful; and that if a rider falls to the ground, the fall distance will be generally from 3 ½ to 5 ½ feet. I understand these risks, and I voluntarily assume these risks and dangers that may result in physical injury or in extreme cases, death.
3.That parent or guardian and student understand that upon mounting the horse and taking up the reins the rider is in primary control of the horse and that INSTRUCTOR is not responsible for the results of the student’s actions or inactions. The rider further agrees to not abuse, misuse or deliberately agitate the horse as these actions may result in increased risk to INSTRUCTOR, to rider and others.
4.That I have been advised that students are required to purchase and wear a helmet or hard hat and wear it to prevent horse related injuries while riding on the premises (5101 Blue Bell Trail, Elizabeth, CO 80107 or riding off the property.
5.That I assume the unavoidable risks inherent in all horse-related activities, including but not limited to bodily injury, physical harm and with extreme cases death to horse, rider, other riders, visitors and spectators.
6.LIABILITY HOLD HARMLESS AND RELEASE
i.Definition of “Indemnified parties”: INSTRUCTOR, Alexia and Patrick Honegger referred to as FACILITY OWNER, employees, agents, subcontractors, other participants, visitors, spectators, clients, other horse owners, operators, sponsors, investors, their respective servants, agents, officers and all other participants.
ii.Definition of “Costs and Expenses”: attorney’s fees, court costs and all costs of defense or any other fees related to claims, causes of action suits, judgments, other liabilities.
That I understand that I am responsible for bodily injury or property damage which I or my child or legal ward should sustain on Millbrook Equestrian’s premises and/or trails and/or while riding a horse, and/or while in transit to or at horse shows, trail rides, or similar expeditions, and for any time/income I or my child or legal ward shall lose from employment or school or other activity, and for medical expenses or any other “Costs and Expenses” incurred because of such bodily injury or property damage alleged or held to have been caused by, in whole or in part, the negligence, active or passive, sole or concurrent of any of the “Indemnified parties” or if alleged or held to have been caused, in whole or in part, by any act, omission or series of event which could result in any or all of the “Indemnified parties’ being liable based upon any theory of strict liability.
That I hereby, for myself, my heirs, administrators and assigns release and hold harmless the INSTRUCTOR, the FACILITY OWNER and all “Indemnified parties” from all claims, demands, actions, causes of action for such injuries sustained to my person or that of my child or legal charge or property.
Under Colorado Law, an equine (horse) 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.
7.That the student is currently covered by accident-medical insurance and will remain insured for the duration of all riding instruction by INSTRUCTOR.
8.That this agreement is entered into in the state of Colorado and will be interpreted and enforced under the laws of that state.
9.That All fees are payable at the beginning of the month and $25 late fee will be applied to bills paid after the 10th of the month.
10. MEDICAL RELEASE FORM - I do hereby give my permission to the attending physician to render medical attention to my child in the absence of my presence to sign medical release forms in the hospital. In case of a medical emergency, please do not wait for my arrival, but give immediate medical attention to my child.
I, THE UNDERSIGNED BEING OF LEGAL AGE AND OF SOUND MIND AND NOT BEING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS, HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND RELEASE. I ALSO ACKNOWLEGE RECEIPT OF A COPY OF THIS AGREEMENT THIS DATE.