RELEASE OF LIABILITY
Hendrik Stables, 12757 Base Line Rd., Kingston, IL 60178
WITNESS THIS AGREEMENT, on this date of, by, and between Hendrik Stables, Inc., hereinafter referred to as MANAGER, and Person Signing Below, hereinafter referred to as RIDER. For consideration received, and in return for the use, today and on all future dates of the property, facilities and services of Manager, Rider, Rider's heirs, assigns, and representatives, hereby agree as follows:
1. Inherent Risks and Assumption of Risk. The undersigned Rider acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equines reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and 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 such participants ability.
Rider acknowledges that horses, by their very nature are unpredictable and subject to animal whim. Rider assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising there from. Rider agrees to abide by and follow Manager's rules and regulations which, shall be posted and/or available from time to time. Rider further acknowledges that the behavior of any animal is contingent to some extent upon the ability of Rider. Rider assumes all risks there for and warrants a full and fair disclosure of Rider's abilities has been made to Manager.
2. The undersigned Rider agrees by entering on the property of the MANAGER, that they are waiving ALL rights to ANY injuries and liabilities that may occur on the property, as in slips, falls, tripping over items “natural” as dirt, rocks, mud, etc., or “unnatural” as water hoses, shovels, electrical cords, etc. Rider expressly releases Manager from any and all claims for personal injury or property damage, even if caused by negligence by Manager or its representatives, agents or employees.
Under the Equine Activity Liability Act, each participant who engages in an equine activity expressly assumes the risks of engaging in and legal responsibility for injury, loss, or damage to person or property resulting from the risk of equine activities.
3. Rider agrees to hold harmless, indemnify and defend Manager against, and hold harmless from, any and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, including attorney's fees, whether actually incurred or not, which may in any way arise from or be in any way connected with Rider's use of or presence upon the property of Manager and the facilities located thereon.
4. Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim.
5. Rider agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.