A. STABLE. Equine Performance llc, Ashley Wilson, Ashleysbarn and all trainers, employees, subsidiaries, affiliates, agents and servants (“STABLE”).
B. PREMISES. The premises are located at 15419 E. Rio Verde Dr. Scottsdale, AZ 85262 (“PREMISES”) C.AGREEMENT PURPOSE. In consideration of the signing of this Agreement in exchange for receiving lessons or training from STABLE, regardless of whether a fee is paid for the lesson or training, I, the following listed individual and the parent or legal guardian thereof if a minor, do hereby agree to hire the STABLE to provide a horse, tack, equipment and/or personnel for the purpose of riding lessons.
RIDER, and the parents or legal guardian thereof if a minor, my heirs, estate, assigns, including all minor children and personal representatives, shall be subject to the terms of this Agreement. RIDER represents that he/she does not have any physical and/or mental health conditions, problems, and /or disabilities which may affect his/.her safety and ability to ride a horse.
D.NATURE OF STABLE HORSES RIDER understands that horseback riding is classifies as a rugged adventure recreational sport activity, and that there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions; Related injuries can be severe. RIDER understands that no horse is completely safe. If a horse is frightened or provoked it may divert from its training and act according to natural survival instincts which may include, but are not limited to stopping short, changing directions or speed at will, bucking, rearing, kicking, biting or running from danger.
E.RIDER RESPONSIBILITY RIDER understands that upon taking control of a horse, whether or not mounted, the rider is in primary control of the horse. The RIDER’S safety largely depends upon the RIDER’S ability to carry out instructions, and the RIDER’S ability to remain balanced aboard the moving animal. RIDER agrees that RIDER shall be responsible for his/her own safety. F.CONDITIONS OF NATURE. RIDER understands that STABLE is NOT responsible for total or partial acts, occurrences, or elements of nature, such as thunder, lightening, rain, wind, water, wild and domestic animals, insects, reptiles, which can scare a horse, cause it to fall, or react in some other unsafe way.
G.PROTECTIVE HEADGEAR. RIDER understands that he/she have been made aware of the benefits of wearing protective headgear (riding helmet) by the STABLE and do understand that the wearing of such headgear while mounted, riding, dismounting and otherwise being around horses, may prevent or reduce the severity of some head injuries, and may even prevent death happening as the result of a fall or other occurrences. It is the riders decision as to whether he/she will wear a helmet. H.APPLICABLE LAW, JURISDICTION,VENUE AND ATTORNEY’S FEES. This Agreement shall be construed and governed by the laws of the State of Arizona. Jurisdiction and venue for all disputes connected with this Agreement shall be in Maricopa County, Arizona. In the event a lawsuit is brought related to this Agreement, STABLE, shall be entitled to recover its attorney’s fees and costs incurred. G.LIABILITY RELEASE. In consideration of the STABLE allowing RIDER’S participation in this activity, whether for compensation or not, under the terms set forth herein, RIDER and the parent or legal guardian thereof if a minor, do agree to hold harmless and release the STABLE, its owners, trainers, agents, employees, officers, members, premises owners, insurers, and affiliated organizations from any loss, damage, or legal liability from injure of any nature I, or my minor child may sustain due to the action or inaction of the STABLE, its owners, trainers, agents, employees, officers, members, premises owners, insurers, and affiliated organizations . I further agree that, I shall bring no claims, demands, actions and causes of action and/or litigation, against the STABLE or their associates as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the PREMISES and operations of the STABLE, to include while riding, handling, or otherwise being near horses.
Under the Arizona Equine Activity Liability Act, STABLE,regardless of consideration, is not liable for an injury or death of RIDER. RIDER acknowledges the inherent risks associated with equine activities, and is willing and able to accept full responsibility for his/ her own safety and welfare and releases the STAB LE, and any other equine owner or agent, form liability unless the STABLE, equine owner, or agent is grossly negligent or commits willful, wanton, or intentional acts or omissions. RIDER also acknowledges that RIDER executes this Agreement on behalf of RIDER, as well as all of RIDER’S children, family members and guests.
SIGNER STATEMENT OF AWARENESS
WE HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK.
Dated: March 26, 2023