RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT.
BY SIGNING THIS AGREEMENT, YOU AND YOUR CHILD ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF SONORAN PERFORMANCE HORSES; IT’S OWNER, EMPLOYEES AND AGENTS (“THE RELEASEES”)
- Acknowledge that a horse or mule may, without warning or any apparent cause, buck, attack, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, bolt, saddles or bridles may loosen or break – all of which may cause the rider to fall, be trampled, or be jolted, resulting in serious injury or death.
- ACKNOWLEDGE THAT HORSEBACK RIDING IS AN INHERENTLY DANGEROUS ACTIVITY AND 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.
- Voluntarily assume the risk and danger of injury or death inherent in the use of the horse, equipment and gear provided to me by Sonoran Performance Horses, from here on out referred to as the “SPH”.
- RELEASE, DISCHARGE AND PROMISE NOT TO SUE SPH, doing business under its own name or any other name and/or any of its owners, officers, land owners, employees and agents (hereinafter the “Releasees”), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.
- Release the Releasees from any claim that such Releasees are or may be negligent in connection with my riding experience or ability including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction or riding skills or leading and supervising riders.
- Release Sonoran Performance Horses from any liability if myself or my child have an allergic reaction or contract an illness from the horses, feed, hay, grain, sprays, soaps, or any other substance used on or with horses.
- INDEMNIFY, AND SAVE AND HOLD HARMLESS the SPH, instructors, its employees and agents from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my use of the horse and any equipment of gear provided therewith or any acts or omissions of instructors or other employees or agents.
- RELEASE THE LAND OWNER from any lawsuits, blame, or liability for any illness, injury, sickness, or death cause from or induced by the horses and/or releasees
- The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of Arizona and is intended to be as broad and inclusive as is permitted by Arizona Law (RIDE AT YOUR OWN RISK), and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
- Acknowledge that this document is a contract and agree that if a lawsuit is filed against the SPH or its owner, agents, employees, guides or instructors for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by the SPH in defending such an action.
- State that I am not now pregnant and that I have NO history of epileptic seizures, heart condition or any other medical problem that could be affected by horseback riding
- IT IS REQUIRED THAT MY CHILD AND ALL RIDERS WEAR PROTECTIVE HELMET. IT IS MY UNDERSTANDING THAT A PROTECTIVE HELMET IS AVAILABLE AND MUST BE WORN AT ALL TIMES WHEN MYSELF OR MY CHILD IS RIDING. I understand that myself or my child will be prohibited from riding the horses if we refuse to wear a protective helmet.
- If the person who is to enter into this Agreement is less than eighteen (18) years of age, his/her parent or guardian must read this Agreement and sign below on the behalf of the minor.
I have read this entire Release of Liability Document. I understand it is a promise not to sue and to release SPH, It’s owners, employees and agents for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to Releasees allowing me or my child to ride or handle a horse. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of my horseback riding experience and lessons.
Sonoran Performance Horses’ Safety Checklist
- Wear a helmet when on or near the horse
- Wear closed-toe shoes when on or near the horse
- Listen to your riding instructor at all times
- Be cautious around the horses
- Ask questions if you don’t know
- Ask for permission before feeding, petting, grooming, mounting, or handling the horse
- Make sure halters and tack are put on properly
- Obey all posted signs
- Use all tack and equipment properly and with respect
- Let an instructor know if you notice anything wrong with the horse, the fencing, or any other part of the facility or program
- Enter the arena without permission from your riding instructor
- Ride the horse off the property
- Mount the horse without permission from the instructor
- Enter the arena or mount the horse without closed toed shoes on
- Go behind a horse without letting the horse know you are there
- Mistreat the horse
- Ride without a helmet
- Feed the horse unless directed
- Disobey rules and safety guidelines
- Smoke on the property
- Hurt, throw things, chase, hit, kick, or intentionally injure the horse
I fully comprehend and have read SPH’s safety checklist and have explained these rules to my child.
November 30, 2022