PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.
Tarryall River Ranch is pleased to provide you with a recreational vacation. The staff attempts to take every safety precaution to provide proper instruction and necessary information so that our guests may enjoy the activities we offer as safely as possible. During your stay with us, you will have the opportunity to partake in a variety of outdoor and other activities, including without limitation hiking, fishing, swimming, trap-shooting, target shooting, archery, tomahawk, knife throwing, horseback riding, and in any others (the “Activities”).
This Release of Liability is made by and between Tarryall Properties, LLC d/b/a Tarryall River Ranch, including its owners, agents, independent contractors, and employees, (collectively, “TRR”) and any guest shown at the bottom of this document, including his/her heirs, assigns, and legal representatives (collectively, “Guest”). In return for the use, today and in the future, of TRR’s property, facilities, and services, Guest hereby expressly agrees to the following:
GUEST UNDERSTANDS, ACKNOWLEDGES AND KNOWINGLY AND VOLUNTARILY ASSUMES THE RISKS, HAZARDS, AND DANGERS OF PARTICIPATING IN THE ACTIVITIES AT TRR, WHICH INCLUDE, WITHOUT LIMITATION (Please initial each item):
- Risks present in an outdoor environment, including travel in front country and backcountry wilderness terrain, both on and off trail. There may exist areas where objects, hazards and other dangerous latent (hidden) conditions on the land are not visible or marked, and trails are not groomed, maintained, or controlled.
- Weather, environmental, and surface and subsurface conditions can be unpredictable and dangerous, including risks associated with lightning, snow or ice accumulation, avalanche dangers, high altitude conditions, fallen timber, wild or domestic animals, ditches, and other natural hazards and dangers.
- The risk and danger of injury or death inherent in the use of vehicles, equipment, and gear provided to Guest by TRR, or used in its operation. These risks include falling, being struck, colliding with objects or people, experiencing vehicle capsize or collision, reacting to high altitudes, or experiencing other problems.
- Guest may act in a negligent, careless, or otherwise improper manner, such as not acting within his or her ability, which may in turn cause injury to other persons. Guest may be unable to safely engage in a certain activity.
- Potential dangers present on TRR’s property may include, but are not limited to, injuries caused by weapons and firearms, fishing gear, axes, recreational equipment, ATVs and ranch utility vehicles, and horses, as well as natural dangers from bears, mountain lions, holes in the ground, and barbed wire on the property and in the surrounding area.
- For weapons/firearms-related activities: Using weapons or firearms including rifles, guns, tomahawks, bows and arrows, and knives involves inherent risks of injury, including but not limited to the risk of negligence by Guest or other guests, which may cause injury or serious harm, or even death. Guest freely assumes these risks. Guest may not use any weapons or firearms until he or she has received adequate instructions and warnings, and Guest agrees that Guest has received those instructions and warnings. Guest has been instructed and will warn any minor about the need for utmost safety and caution when using weapons or firearms.
- FOR EQUINE RELATED ACTIVITIES: Under Colorado law, an equine professional is not liable for an injury to or death of a participant resulting from the inherent risk of equine activities, pursuant to Colorado Revised Statutes Section 13-21-119 .
GUEST UNDERSTANDS, ACKNOWLEDGES, AND KNOWINGLY AND VOLUNTARY ASSUMES THE RISKS, HAZARDS, AND DANGERS OF PARTICIPATING IN EQUINE ACTIVITIES SUCH AS RIDING, TRAINING, DRIVING, WALKING BESIDE, LEADING, FOLLOWING, BEING A PASSENGER UPON, OR OTHERWISE BEING IN THE PRESENCE OF AN EQUINE, WHETHER MOUNTED OR UNMOUNTED, OR BEING A PASSENGER IN ANY VEHICLE PULLED BY A HORSE(S), WHICH INCLUDE, WITHOUT LIMITATION (please initial each item)
a. No horse is a completely safe horse. The unpredictability and uncontrollability of horses and other equine animals, includes how they may react to other animals, their surroundings, and the conduct and actions of other riders. Without warning, horses may, at any time, kick, bite, stomp, stumble, rear, bolt, fall, jump, buck, unpredictably turn, collide with another animal or object and react to sudden movements, noises, light, vehicles, and other animals, persons, or objects. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a Guest falls from a horse to the ground, it will generally be at a distance from 3 1⁄2 to 5 1⁄2 feet, and the impact may result in injury, serious harm, or death to the Rider.
b. Riding is a rugged adventure recreational sport activity, and there are numerous obvious and non-obvious inherent risks always present in such an activity despite all safety precautions. Riding involves risks that may cause serious injury and in some cases death because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance. According to NEISS (National Electronic Injury Surveillance Systems of United States Consumer Products), horse activities rank approximately 64th among activities of people relative to injuries that result in a stay in U.S. hospitals. Related injuries can be severe, requiring more hospital days and resulting in more lasting residual effects than injuries in other activities.
c. Risks associated with guide decision making may include the guide’s conduct, including, without limitation, the risk that a guide may misjudge an individual’s capabilities, or misjudge terrain, weather, trail location, some aspect of medical treatment, or the character and propensities of a horse.
d. Tack or equipment may break, fail to function properly, or be otherwise faulty. Saddle girths or cinches (saddle fastener around horse’s belly just behind the front legs) may loosen during a ride. Guest must tighten or immediately alert someone who can tighten the saddle so to avoid slippage of the saddle and potential fall of the Guest. Guest voluntarily assumes the risk and danger of injury or death inherent in the use of the horse and vehicles, equipment, and gear provided to Guest by TRR, or used in its operation. These risks include falling, being struck, colliding with objects or people, experiencing collision, reacting to high altitudes, or experiencing other problems.
e. Guest may act in a negligent, careless, or otherwise improper manner, such as failing to maintain control of the horse or not acting within his or her ability, which may in turn cause injury to other participants. Guest may be unable to safely manage the particular animal provided to him or her, or be unable to safely engage in a certain equine activity. By mounting a horse and taking up the reins, the Guest is in control of the horse. The Guest’s safety largely depends upon the ability to comply with simple instructions, and the ability to remain balanced aboard the moving animal.
Guest acknowledges that the above mentioned risks are not complete and that there are other risks, hazards, and dangers associated with the Activities/Equine Activities, which may be unknown or unanticipated.
GUEST FURTHER RELEASES FROM ANY AND ALL LEGAL LIABILITY, AND AGREES NOT TO SUE, CLAIM AGAINST, ATTACH THE PROPERTY OF, OR PROSECUTE, AND FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TRR with respect to any and all claims, actions, causes of action, liabilities, suits, and expenses (including costs and attorney fees), including claims for NEGLIGENCE OF ANY KIND OR NATURE, whether foreseen or unforeseen, arising directly or indirectly out of Guest’s participation in the Activities at TRR. GUEST HAS CAREFULLY READ, VOLUNTARILY SIGNS, AND CLEARLY UNDERSTANDS THAT THIS IS RELEASING TRR FROM ANY LEGAL LIABILITY. GUEST ALSO UNDERSTANDS THAT ANY AND ALL RISKS, HAZARDS, AND DANGERS, INCLUDING THOSE MENTIONED HEREIN, AND GUEST’S AGREEMENT TO RELEASE TRR OF LEGAL LIABILITY INCLUDES ANY MINOR CHILDREN ON WHOSE BEHALF THIS DOCUMENT IS SIGNED.
This Release of Liability and all other aspects of Guest’s relationship with TRR shall be governed by the laws of the State of Colorado. Guest has read this Release of Liability in its entirety and has executed it willfully.
SIGNED BY GUEST (as defined above):
Date: January 28, 2023