Agreement for Release of Liability, Assumption of Risk, and Indemnity
Read carefully. This contract includes a surrender of legal rights.
This Agreement is between the Participant(s) and the Released Parties, who are the Colorado Horse Rescue (CHR), 10386 N. 65th Street, Longmont, Colorado 80503, its officers, directors, members, agents, representatives, employees, volunteers, visitors, independent contractors, successors, assigns, insurance carrier(s), anyone acting on its behalf, and the owners of any premises on which activities are carried out. Reference to “I,” “me,” or “my” in this Agreement is to each Participant and his or her parent/legally appointed guardian, if any. Therefore, parents or legal guardians signing on behalf of a Participant who is a minor or other protected person are also Participants in this Agreement.
In considerationforreceiving permission to participate in Equestrian Activities, I acknowledge and agree:
1. WARNING: Under Colorado Law, an equine 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.
WARNING: UNDER COLORADO LAW, THERE IS NO LIABILITY FOR THE DEATH OF OR INJURY TO A PARTICIPANT IN AN AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY RESULTING FROM THE INHERENT RISKS OF THE AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY, PURSUANT TO SECTION 13-21-121, COLORADO REVISED STATUTES.
2. Equestrian Activities and Acknowledgment of Risks.
a. I understand that there are risks associated with participating in Equestrian Activities (whether observing or actively participating). “Equestrian Activities” include but are not limited to being anywhere on CHR premises, regardless of intent to be near horses; being near or around horses; and engaging in horse activities and riding of any kind, handling horses on the ground, and activities incidental to mounted or unmounted handling of horses such as grooming, leading, administering care or treatment, or using or operating farm equipment. Reference to horses in this Agreement includes horses, ponies, mules, donkeys, or hinnies.
b. I understand that the risks, including inherent risks, hazards, and dangers, of Equestrian Activities can cause injury, damage, death, or other loss to the Participant or others. I understand that these risks include, but are not limited to:
i. Unpredictability of horses: Horses are unpredictable in all circumstances. For example, without warning, horses can kick, strike, bite, rear, bolt, fall down, and react to the environment, sudden movements, noise, people and other animals or objects (regardless of training, usual past behavior, or characteristics).
ii. Equipment risks: Equipment used in an activity may be misused, or may break, fail or malfunction. I understand that helmets or other safety gear may prevent or lessen injury, but that use of safety gear is not a guarantee that injury or death will not occur.
iii. Premises risks: Indoor and outdoor spaces may have equestrian obstacles that can result in injury when used or may be negligently maintained; outdoor spaces may have slippery, icy or uneven ground or other dangerous natural or man-made conditions or hazards; use of shared indoor and outdoor spaces risks exposure to communicable diseases, including viruses (such as the virus that causes COVID-19), bacteria, and other pathogens. Other hazards include the presence of livestock on neighboring properties that may negatively affect horse behavior. These risks also include the risk of a dangerous latent condition known to the Released Parties for which no warning signs were conspicuously posted.
iv. Risks present in an outdoor environment: These risks include travel over uneven terrain, whether on or off trail, including man-made obstacles or hazards; hazards resulting from the activity or presence of domestic or wild animals; and hazards from unpredictable weather changes. Hazards may not be marked or visible.
v. Risks of poor judgment and decision making: These risks include the risk that I or others, including the Released Parties, may misjudge or negligently judge my or others’ capabilities, health or physical condition; misjudge or negligently judge some aspect of travel, instruction, medical treatment, weather, or terrain; or misjudge or negligently construct or maintain the premises, trails, or other obstacles for use by participants. These risks also include the potential that I or others, including the Released Parties, may act carelessly or recklessly. These risks also include the risks that the Released Parties knew or should have known that equipment or tack they provided was faulty, and that the Released Parties failed to make reasonable and prudent efforts to determine my ability to engage safely in Equestrian Activities and determine my ability to safely manage the animal provided.
vi. Risks due to personal health: Mental and physical conditions (including use or abuse of alcohol or any prescription or non-prescription drugs) can increase the risks associated with Equestrian Activities, and I represent that I do not have any condition or other impairment that may impair my ability to safely engage in Equestrian Activities.
c. Consequences of risks include personal injury, death, and damage to property including my horse: The risks described above, and other risks may result in falling; being struck by, colliding with or impacting objects, people, horses, or other animals; reacting to weather conditions or increased exertion; or becoming lost or disoriented. These and other circumstances may cause heat or cold related illnesses or conditions; heart or lung complications; broken bones; hospitalization, paralysis or other permanent disability; mental or emotional trauma; concussions or other head injuries; sunburn or other burns; illnesses (including contracting animal/insect borne or contagious diseases); infections; cuts or wounds or other injury, damage, death or loss. These risks also may result in injury or loss of my property, including my horse(s).
3. Assumption of Risk. I expressly assume responsibility for all risks of Equestrian Activities as described above. Notwithstanding these risks, I voluntarily participate. I agree to abide by all rules and policies (including COVID-19 policies) established by the Released Parties for participation. If I am the Parent/Legal Guardian of a minor Participant, I permit him or her to participate in Equestrian Activities notwithstanding these risks, and I agree to discuss with him or her the nature of these activities, the risks and any rules.
4. Personal Responsibility. I agree that I must take responsibility for my safety and conduct around horses. I agree that I must wear headgear meeting ASTM/SEI standards, other appropriate safety gear, and appropriately protective shoes and clothing while participating in Equestrian Activities. If I use my personal equipment and safety gear or headgear, I assume full responsibility and I do not rely on the Released Parties for their selection, fit, or condition. If I use equipment provided by the Released Parties or others, I agree that I have a responsibility to inspect the fit and condition of that equipment, and to raise any questions or concerns I may have. If I am around or work with a horse provided by the Released Parties, I agree that I have a responsibility to make known to them the extent of my ability and prior experience with horses and to raise any questions or concerns I may have about the appropriateness of the match with a particular horse. If I use my own horse, I represent that my horse’s manner and physical condition are adequate for me to participate safely in Equestrian Activities, and I understand that the Released Parties have made no assessment of me or my horse’s suitability for my use in Equestrian Activities. I understand that I am responsible for providing my own personal protective equipment and supplies, such as masks or disinfectants, to protect against exposure to COVID-19 or other communicable diseases.
5. Release and Indemnity.
a. I agree to release and not to sue the Released Parties, for any and all claims that I may have for injury, damage, death, or other loss (including attorney fees and costs) that is in any way connected with any Participant’s participation in Equestrian Activities. I understand that I am agreeing to waive all claims I may have against the Released Parties; agreeing to bind my legal representative, my estate, assigns, subrogors, or anyone acting on my behalf; and agreeing that neither I nor my legal representative, my estate, assigns, subrogors or anyone acting on my behalf will make a claim against the Released Parties related to or as a result of any Participant injury, damage, death or other loss. This agreement to release and not to sue includes but is not limited to any claim (whether an investigation or claim made in a court proceeding or elsewhere) for negligence (but not gross negligence or willful or wanton misconduct), wrongful death (including claims related to response, assessment, or treatment for emergency medical or other health issues), property damage (including to any horse I own or for which I am responsible), loss of consortium, breach of contract, premises liability, and any other claims for liabilities, attorney fees, expenses or other loss of mine.
b. I agree to defend and indemnify (meaning I agree to protect by reimbursement or payment) the Released Parties for any and all claims (a) that I or anyone acting on my behalf brings against them for injury, damage, death, or other loss (including attorney fees and costs) resulting from my participation in Equestrian Activities; or (b) that a third party brings against the Released Parties for injury, damage, death, or other loss caused by my conduct while participating in Equestrian Activities. This agreement to defend and indemnify includes an agreement to pay any liabilities, attorney fees, expenses or any other losses the Released Parties incur defending such claims.
6. Media Release. I grant the Released Parties the right, without compensation, to photograph, videotape, and/or record the Participants, and the right to use those images and recordings in publicly disseminated information and materials in any medium, including but not limited to print, internet, social media, radio, or television. I release the Released Parties from any liability related to such use.
7. Other Provisions.
a. This Agreement applies to all of the Participants’ present and future participation in Equestrian Activities.
b. I agree that Colorado law (without regard to its “conflict of laws” rules) governs this Agreement, any dispute I have with the Released Parties arising out of or related to this Agreement, contractual or otherwise, and agree that any mediation, suit, or other proceeding must be filed or entered into only in Boulder, Colorado, or the U.S. District Court in Colorado. I agree to attempt to settle any dispute not settled by discussion through mediation before a mutually acceptable Colorado mediator.
c. In the event of any lawsuit, action, or proceeding arising out of or related to this Agreement, if the Released Parties are the prevailing parties, the Released Parties will be entitled to receive, in addition to all other damages to which they may be entitled, all reasonable attorney fees and costs they incurred in conducting the suit, action, or proceeding.
d. This Agreement contains the entire agreement between the parties. No prior verbal promise, understanding, warranty, agreement, verbal or otherwise, exists between the parties or binds the parties, except as expressly stated in this Agreement.
e. This Agreement is to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Agreement is deemed unlawful or unenforceable, I agree that the remainder of the Agreement continues to be in full force and effect and enforceable.
8. I have had the opportunity to ask questions about this Agreement and the risks of participating in Equestrian Activities. I carefully read, understand and voluntarily sign this Agreement.
A parent or legal guardian must sign on behalf of a Participant under age 18 or a Participant who otherwise has a legally appointed guardian. By signing as a parent or legal guardian, I represent that I am the parent or legally appointed guardian of the Participant first listed below.