ROCKY MOUNTAIN OUTFITTERS HORSEBACK RIDING RELEASE
RELEASE & INDEMNITY AGREEMENT -- READ CAREFULLY BEFORE SIGNING
I, the undersigned, and if I am a person under 18 years of age, my parents and I (hereafter “Rider”) understand that horseback riding, sleigh riding or horse drawn wagons (collectively “Horseback Riding”) involve SIGNIFICANT RISK OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE OR EVEN DEATH. The risks include NATURAL, MAN-MADE, ENVIRONMENTAL CONDITIONS AND INHERENT RISKS, including changing weather, mud, rocks, variations in steepness, terrain, natural and man-made obstacles, equipment failure and the negligence of others. "Inherent risk" with regard to equine or livestock activities means those dangers or conditions which are an integral part of equine or livestock activities, which may include: (a) the propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (b) the unpredictability of the animal's reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (c) collisions with other animals or objects; or (d) 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 his or her ability. Rocky Mountain Outfitters shall have no liability for inherent risks.
In consideration of participation in the Horseback Riding and use of Rocky Mountain Outfitters facilities, I agree to the following:
1. I expressly agree to assume all risks of personal injury, falls, accidents, and/or property damage, including those resulting from any negligence of Rocky Mountain Outfitters, L.L.C., their agents, employees, property owners, and affiliated companies (herein collectively “RMO”).
2. Release & Indemnity. To the fullest extent allowed by law, I agree to forever release RMO from any and all claims for injuries, losses, and damages resulting in any way from “Horseback Riding” use of RMO facilities, RMO negligence. My release includes all claims regarding the design, maintenance, manufacture, instructions, or conditions of the Horseback Riding area, course, structures or equipment utilized in the Horseback Riding, express or implied warranties, product liability and the negligence of RMO. To the fullest extent allowed by law, I agree to indemnify and hold RMO harmless from all claims, damages or injuries in any way related to my participation in Horseback Riding or use of any facilities at RMO, including breach of this Release, and will reimburse RMO’s attorneys’ fees and costs, even if RMO was negligent.
3. I agree that no lawsuit will be filed by me or on my behalf against RMO as a result of my participation in Horseback Riding, use of any facilities or for any injuries or damages that I sustain even if RMO was negligent. I understand that this is a contract, which limits my legal rights and is binding upon my heirs and my legal representatives. If portions of this Release are invalid, I agree that the remaining portions will remain enforceable. This Release shall be effective for all Horseback Riding within one year of the signing of this Release.
4. I agree that I am mentally and physically able to participate in Horseback Riding and that I have received all information necessary to participate.
5 I shall accept and abide by the rules and regulations of Horseback Riding.
6. I irrevocably grant and agree that RMO shall have the right to use, air, publish or reproduce photographs, video and/or pictures of my name, image and likeness for any lawful purpose.
7. I HAVE READ, UNDERSTOOD AND VOLUNTARILY SIGNED THIS RELEASE OF LIABILITY.
Riders under the age of 18 are required to have a parent read and countersign this agreement.
Persons under the age of 18 (“minor”) are required to have an authorized parent or legal guardian (hereinafter “Parent”) read and sign this Agreement. To the fullest extent allowed by law, the Parent individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this Agreement. The Parent agrees with and acknowledges Parent’s and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue RMO including for negligence. The Parent agrees to make all decisions concerning the minor’s participation, use of the area and involvement in Horseback Riding. The Parent releases all rights or claims against RMO, including wrongful death damages, and agrees to indemnify RMO for any other Parent’s claims. The Parent agrees to pay all medical bills incurred by the minor and waives all rights of subrogation against RMO.