A. REGISTRATION OF RIDERS AND AGREEMENT PURPOSE: In consideration for payment of a fee and the signing of this agreement, the below listed individual(s), and the parents or legal guardians thereof if a minor, do hereby agree to receive from Old Wire Stables and instructors a session of horse handling and/or riding instruction on a horse and equipment provided by Old Wire Stables. B. AGREEMENT SCOPE, TERRITORY AND DEFINITIONS: This agreement shall be legally binding upon “OLD WIRE STABLES” herein refers to the legal business entity Old Wire Holdings, LLC, and the student rider, and the parents or legal guardians thereof if a minor, and it shall be interpreted according to the laws of the great State of Florida and Columbia County. Any dispute by the rider shall be litigated in and venue shall be the county in which THIS STABLE is physically located. If any clause, phrase, or word is in conflict with Florida State Law, then that single part is null and void. The term "HORSE' herein shall refer to horses provided by Old Wire Stables within this agreement. The term "RIDER" shall herein refer to the listed rider on page 1 of this agreement who rides, handles, or comes near the HORSE. The term "INSTRUCTOR" shall herein refer to instructor listed on page 1 of this agreement. The term "LESSON" herein shall refer to ground and mounted instruction given to the rider by the instructor in exchange for money or an agreed upon barter. The terms "I", "ME", "MY", shall herein refer to the above listed rider and the parents or legal guardians thereof if a minor. C. ACTIVITY RISK CLASSIFICATIONS: I Agree I understand horseback riding is classified as a rugged adventure recreational activity, and that there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. According to NEISS (National Electronic Injury Surveillance Systems of United States Consumer Products) horse activities rank 64th among the activities of people relative to injuries that result in a stay at U.S. hospitals. Related injuries can be severe requiring more hospital days and resulting in more lasting residual effects than injuries on other activities. I/WE further understand that applicant/s may have mounted or ground lessons that may encounter one or more of the following but not limited to: woods, rough terrain, hills, water, jumps, traffic, wild animals, and other horses. RELEASE OF LIABILITY AND NEGLIGENCE WAIVER
In consideration for being permitted to participate in equine activities at Old Wire Stables, the undersigned rider, and/or parent or legal guardian of a minor rider, hereby agrees to release, waive, discharge, and covenant not to sue Old Wire Stables, Old Wire Holdings, LLC, its owners, instructors, employees, agents, volunteers, and representatives (collectively referred to as “Releasees”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by the rider. THIS INCLUDES ANY CLAIM BASED ON THE ALLEGED NEGLIGENCE OF OLD WIRE STABLES OR ANY OF ITS RELEASEES, whether such negligence is active or passive. The undersigned understands and acknowledges that this release applies even if the injury or damage is caused in whole or in part by the negligence of Old Wire Stables or its representatives, to the fullest extent permitted by Florida law. D. NATURE OF STABLE HORSES: I Agree I understand the instructor follows a rigid safety program. Yet, no horse is a completely safe horse. Horses are 5 to 10 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from a horse to the ground, it will generally be at a distance of from 3.5 to 5.5 feet, and the impact may result in injury to the rider. Horseback riding is the only sport where a much smaller, weaker predator animal (human) tries to impose its will on another much larger, stronger prey animal with a mind of its own and each has a limited understanding of each other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: Stopping short; changing directions or speed at will; shifting its weight; rearing; bucking: kicking; biting; or running from danger. RIDER ABILITY, HORSE SELECTION, AND INSTRUCTIONAL DECISIONSThe undersigned rider, and/or parent or legal guardian of a minor rider, represents that all information provided regarding the rider’s experience, skill level, physical condition, and medical history is accurate and complete. The undersigned understands that horseback riding involves inherent risks regardless of the rider’s level of experience and that no horse can be guaranteed to be completely safe. The undersigned acknowledges and agrees that Old Wire Stables, its instructors, and staff will make reasonable efforts to match the rider with a suitable horse based on the rider’s represented ability, behavior, and experience; however, the undersigned understands that such decisions are based on subjective judgment and changing conditions, and no guarantee is made regarding the behavior or suitability of any horse. The undersigned further agrees that the rider is responsible for maintaining control of the horse at all times within the limits of their ability and agrees to follow all instructions given by Old Wire Stables staff. The undersigned acknowledges that failure to follow instructions or misrepresentation of ability may increase the risk of injury. The undersigned agrees that Old Wire Stables and its staff shall not be held liable for injuries resulting from horse assignment decisions, rider ability, or the rider’s failure to follow instructions, to the fullest extent permitted by Florida law.
E. TERMS OF PAYMENT AND FEES: I Agree • Lesson packages are paid in full upon the 1st of each month, no later than the 5th. • Payments are to be made to Old Wire Holdings and may be remitted via cash, check, Pay pal, Venmo, Zelle or Apple pay. (There is a $50 NSF fee for all returned checks) • Payments are nonrefundable and valid the for days/times scheduled (See absentee and re-scheduling policy). • Lessons are weekly, paid on a monthly basis and are scheduled per student on the agreed upon day(s) and time(s). • Holiday season lessons will be adjusted accordingly as needed between the Riding Stables and Client. • Non-package lessons will be paid in advance and are non-refundable. F. ABSENCES AND RESCHEDULING: I Agree • Students/Parents agree to be on time to each lesson and understand being late does not allow for an extension of the lesson hour. • In the event of inclement weather, an unmounted horsemanship lesson will be conducted. • If the student or parent/guardian declines the unmounted lesson they understand there is no guarantee of a make up lesson. • In the event of an emergency or illness, the student/parent shall notify the Stables of the student's impending absence. No notification equals a forfeiture of that week's lesson and fee. • In the event a student needs to reschedule a lesson due to illness, injury or emergency, it is at the discretion of the riding instructor and their availability. Instructors can make an attempt to reschedule a lesson but students should understand if the riding program is full, there may not be available slots to make up a lesson and the student forfeits their paid lesson for that week. • Rescheduling is subject to availability of the riding instructor and at their discretion. In the event there are no available dates/times to reschedule, the student forfeits their lesson time and payment. • 24-hour advanced notice shall be given to the Stables before cancelling a lesson. • Lesson day/time is forfeit for a "no call /no show and a make up date will not be offered. • Do not send an email, Facebook message to cancel a lesson. We cannot guarantee we will receive your message prior to the lesson. Phone or text cancelations with an acknowledgement will be considered for excused absences and make up lessons to be offered if available. • Lessons are scheduled out monthly and paid in full by the 1st of each lesson month. No refunds or transferring of lesson fees is permitted. • Paid lessons missed, excused or otherwise, will NOT be remitted to the proceeding lesson month. • If a lesson is missed and a make up lesson is not available, the lesson and payment is forfeit. • Lesson fees are non-refundable. Students pay for their day(s)/time(s) so it is theirs to use or forfeit. Please understand riding instructors earn their income from their instructional time. Instructors show up and spend their time scheduling lessons, preparing lesson plans and ensuring the instructional area as well as the horses are properly prepared. Cancellations without proper notice and unreasonable expectations of rescheduling are the equivalent of lost income for instructors. We certainly would not expect you to show up only to be told you have to reschedule costing you time, your fees and resources. We appreciate the same respect in return. G. PUNCTUALITY: I Agree • Students should be prepared and on time for all lessons. • If a student is more than thirty minutes late for their scheduled lesson time, the lesson will be cancelled and considered forfeit. • Student understands if they are late, the time for ending the lesson will remain as scheduled. If OWS can accommodate an extension, we will reasonably try to do so but not at the expense of other students or hard times kept by the stable, e.g., feed up. • The only condition for extending a student’s lesson time is if the riding instructor is the cause of a delay. H. INSTRUCTORS AND PONIES/HORSES: I Agree • Student understands OWS reserves the right to substitute a riding instructor in the event their regularly scheduled riding instructor is unable to be present at the lesson. • Student/Parent/Guardian understands it is their responsibility prior to entering the lesson area to inform the riding instructor of any new medical or physical problem(s) which may impact their safety or ability to perform correctly during the scheduled riding lesson. • There are horses available for each level of riding from the beginner rider to the more advanced rider who needs to be challenged. Beginner horses in our stables are known for their quiet dispositions to help our beginner riders build confidence and learn the basics of riding. As the rider becomes more comfortable with the basics of riding, they will move to the more advanced horses. These horses will challenge the rider and will take them beyond the basics. • OWS does not guarantee the student will ride the same horse/pony every lesson, nor do we believe that this is conducive to rider progression. I. RIDING WEAR: I Agree • Proper attire must be worn for riding lessons, which is to be long pants with the ability to stretch, i.e. breeches, jeans, shirt shoes/boots with at least a half inch heel, and an approved riding helmet that fits correctly (OWS does provide helmets as needed). • Students are not required to provide their own helmet. We have helmets available for use in the event the student does not have his/her own helmet but recommended that each student has their own correctly fitting helmet. • All minor student riders (under 18) must wear a helmet at all times when working with and when mounted on horses. • Half chaps or gaiters and riding gloves are recommended for junior and adult riders (English).
• Rider (parent/guardian) recognizes the inherent risks of injury involved in any type of horseback riding and handling generally and in learning to handle and ride in particular. Horses are animals with minds of their own. No horse is a completely safe horse. Horses are 5 to 10 times larger, 20–40 times more powerful and 3–4 times faster than a human. If a rider falls from a horse to the ground, the distance fallen may be from 0.5 meters to 2 meters and may consequently cause injury to the rider, including serious bodily injury or death. If a horse is frightened or provoked, it may divert from its training and act according to its own will, including but not limited to shifting its weight, rearing, biting, bucking, kicking, or running from danger. • No lesson will be given unless this agreement is completed in full and a rider registration form has been submitted. • In taking lessons at Old Wire Stables, Rider or parent/guardian voluntarily assumes all risks of injury or loss associated with equine activities and hereby agrees to indemnify, defend, and hold harmless Old Wire Stables, Old Wire Holdings, LLC, its owners, instructors, managers, grooms, employees, agents, volunteers, and representatives from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses, INCLUDING ATTORNEY’S FEES, arising out of or related to the rider’s participation in equine activities. • Likewise, Rider (parent/guardian) accepts full responsibility for any friends, family members, or visitors accompanying Rider to Old Wire Stables and agrees to indemnify and hold harmless Old Wire Stables and its representatives from any claims arising from their presence on the property. • Old Wire Stables, its instructors, managers, grooms, employees, agents, and representatives are not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities. “UNDER FLORIDA LAW, AN EQUINE ACTIVITY SPONSOR OR 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.” K. LESSON POLICY STANDARD: • A one-on-one riding lesson or group lesson is 60 minutes in length and consists of grooming, tacking up, mounting, tack adjustments, exercises while mounted, cool down time, dismounting, and untacking. • After the riding instructor determines the student is advanced enough to tack up on their own, students will be permitted to arrive no more than 15 minutes early to groom and tack up their lesson horse. Old Wire Stables and its instructors feel it s very important not just to teach riding but to also teach safety, proper grooming techniques, horse handling, and how to properly tack your horse. Good horsemanship skills are essential for anyone handling or riding a horse. • The riding instructor additionally has the responsibility of safety for riders, volunteers, and horses at all time; therefore, the instructor has the right to deviate from the above lesson outline when safety is a concern. L. PARENTAL INVOLVEMENT AND VEHICLE PARKING: I Agree • Parents are welcome to observe their child’s riding lesson, quietly. • Please do not use lesson time to discuss issues with the riding instructor. Riding instructors and volunteers must stay focused on the current lesson for safety reasons. Please discuss issues offline, before or after the completion of lessons. • Please understand riding instructors often have additional lessons or training to prepare for and cannot always be available for discussions after a lesson is completed. • Please do not talk with your child during their lesson. It distracts your child and instructor from the lesson and compromises the continuity of the lesson as well as their safety. • Vehicles parked at Old Wire Stables are done so at the owner’s risk. Old Wire Stables accepts no responsibility for damaged vehicles. • Vehicles are to be parked in the designated parking area. No vehicles are permitted beyond the residence where the "No vehicles beyond this point" sign is clearly posted. M. STABLE RULES I Agree • At times horses may be loose on the premises and all students, visitors and children must stay within designated areas. • Sandals and/or flip flops are not permitted within the barn or stables or to be worn when near or around horses. • Persons entering the property should understand this is a working farm and proper attire and footwear are required. • Old Wire Stables is not responsible for anyone receiving an injury due to wearing improper footwear on the premises, e.g. sandals, flip flops, crocs, or barefoot. • Please do not go in to grazing paddocks without being accompanied by an Old Wire Stables staff member. • Children under the age of 10 must be under their parent’s direct supervision at all times. • Only students, riders and instructors are allowed into the riding arena or round pen. • No loud shouting, swearing, whistling, clapping or banging around horses and riders. • No playing of balls or throwing things is permitted. • No running or jumping around the horses. • DO NOT feed horses anything without permission! • Please do not litter – use the garbage cans provided in and around the stable to dispose of waste. • There is a NO SMOKING or CHEWING TOBACCO POLICY on Old Wire Stables property. • Horses are unpredictable and do bite, kick, and even if in their stalls should be approached with caution – children who do not have their own horses stabled/boarded at Old Wire Stables are not allowed to go near or enter a stall without staff supervision. • For your own safety – all instructions by stable managers, instructors, trainers and staff must be adhered to at all times. N. PROTECTIVE HEADGEAR AND HEAD INJURY ACKNOWLEDGEMENT I Agree • Minors, persons under the age of 18, MUST WEAR PROTECTIVE HEADGEAR. NO EXCEPTIONS! • Adults are permitted to ride without a helmet but do so at their own risk and against the advice of Old Wire Stables. The undersigned acknowledges that horseback riding and equine activities involve a significant risk of head injury, including but not limited to concussion, traumatic brain injury, paralysis, or death. The undersigned understands that wearing an ASTM/SEI-certified riding helmet may reduce the risk of certain head injuries but DOES NOT eliminate the risk of serious injury or death. The undersigned agrees that even when a helmet is properly worn, fitted, and secured, injury may still occur as a result of falls, kicks, collisions, or other equine-related incidents. All riders under the age of 18 are REQUIRED to wear properly fitted protective headgear at all times while mounted and when handling horses. Adult riders (18 years and older) may choose to wear or not wear protective headgear; however, by choosing not to wear a helmet, the rider EXPRESSLY ASSUMES ALL RISKS associated with that decision. I understand helmets reduce but do not eliminate the risk of serious injury or death. The undersigned further agrees that Old Wire Stables, its owners, instructors, employees, and agents shall not be held liable for any head injury or related damages, whether or not a helmet is worn, to the fullest extent permitted by Florida law. O. EMERGENCY MEDICAL TREATMENT AUTHORIZATION: In the event of an accident, injury, or medical emergency involving the rider, the undersigned authorizes Old Wire Stables, its owners, instructors, employees, agents, and representatives to secure emergency medical treatment for the rider if deemed necessary. This includes, but is not limited to, first aid, contacting emergency medical services (EMS/911), ambulance transport, and treatment by licensed medical personnel. The undersigned understands that Old Wire Stables does not provide medical insurance coverage for riders and that any and all medical expenses incurred are the sole responsibility of the rider or the rider’s parent/legal guardian. For minor riders, the undersigned parent or legal guardian grants permission for emergency medical treatment in the event they cannot be immediately reached. The undersigned agrees to hold harmless and release Old Wire Stables and its representatives from any liability arising from the provision or failure to provide such emergency medical care, to the fullest extent permitted by Florida law.
P. STUDENT RESPONSIBILITIES: I Agree • Students agree to show up to their scheduled lesson with a positive and motivated attitude. • Students agree to show up to their scheduled lesson properly hydrated and nourished. • Students agree to show up to their scheduled lesson in the proper attire, i.e. boots, jeans/breeches, shirt, riding gloves, helmet etc. • Students agree to sign in upon arrival for their scheduled lesson and check in with the instructor. • Students will respect the horses and instructors. • Students will respect and clean their tack equipment used.
Q. PHOTO, VIDEO, AND MEDIA RELEASE The undersigned grants permission to Old Wire Stables and Old Wire Holdings, LLC to take photographs and/or video recordings of the rider during participation in equine activities. The undersigned authorizes the use of such images or recordings for promotional, marketing, educational, and social media purposes, without compensation, and waives any right to inspect or approve the finished product. If the undersigned does NOT wish to grant such permission, it is their responsibility to notify Old Wire Stables in writing prior to participation. R. GENERAL LEGAL PROVISIONSThis agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any legal action arising from this agreement shall be brought exclusively in the appropriate court located in the county where Old Wire Stables operates. The undersigned agrees that this agreement is intended to be as broad and inclusive as permitted by Florida law. If any portion of this agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The undersigned acknowledges that they have carefully read this agreement, fully understand its contents, and understand that they are giving up substantial legal rights, including the right to sue. The parent or legal guardian signing this agreement acknowledges that they are signing both individually and on behalf of the minor rider and agree to be fully bound individually and on behalf of the minor by all terms of this agreement. Fill out the waiver by scanning Your Driver's LicenseThis scanner is designed as an optional onsite tool to streamline the waiver-signing process. If you are not at the business' location or prefer not to scan your license please skip this option and proceed below to fill out the waiver.Click the button below to start scanning:Start ScanningScanning in progress... Please use the provided barcode scanner to scan your driver's license. |