RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT The undersigned participant, and his or her parent or legal guardian if the participant is under the age of 18 years old, is aware that equine activities in which the participant may directly or indirectly engage, whether mounted or un-mounted, to include but not be limited to: horseback riding, training, driving, jumping or otherwise being a passenger upon an equine; and also handling, leading, grooming and otherwise attending to the equine, are activities and events which pose potentially serious risks of injuries or death to the participants. I understand that the participant may be injured or die as a result of the participant's negligence, the negligence of others, or through no fault of the participant or anyone else but because of the nature of the activity in which the participant is going to be engaged. I also understand that horses, even the most well-trained, are unpredictable and may be difficult to control. All or some of the activities noted herein may take place on the property (the “Premises”) located at 2375 Schukraft Road, Quakertown, PA, 18951. NOTICE OF INHERENT RISKS Equines have the propensity to behave in ways that may result in injury, harm or death to persons on or around the equine; have unpredictable reactions to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; are susceptible to certain hazards such as surface or subsurface conditions, collisions with other equines or objects; propensities include kicking, biting, stamping, stumbling, rearing, and others; tack equipment can fail resulting in falling or loss of control; and activities have 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 equine or not acting within the participant’s ability. Equine activities are INHERENTLY DANGEROUS. ASSUMPTION OF RISK I understand and acknowledge that the Activity I want to participate in may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the Activity may not be supervised and that the Company does not provide medical services. I further acknowledge that any injury I may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES AND PARTICPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF LIVING STREAMS RANCH. RELEASE FROM LIABILITY This waiver shall remain valid unless expressly revoked by me, or if a minor, by a parent or guardian, in writing, with receipt acknowledged in writing by an agent/director of the Living Streams Ranch. Furthermore, with this waiver, I expressly assume the risk of injury or death due to the ordinary negligence of the Living Streams Ranch, located at 2375 Schukraft Rd, Quakertown, PA 18951 and any and all of its employees, agents, volunteers, and representatives, However, I understand that this release is not intended to prevent or limit liability in the event of gross negligence or willful misconduct by any of the aforementioned parties. With knowledge of the foregoing, and as an inducement for the participant's ability to participate in equine activities at the Living Streams Ranch, I hereby agree to waive and release any and all rights that I or my heirs may have to make a claim against Living Streams Ranch and all its agents, employees, representatives and volunteers, arising from any damages, injury or death which the participant might sustain while engaging in equine activities at Living Streams Ranch. I further agree to indemnify and hold harmless Living Streams Ranch, its agents, representatives and volunteers from any claims which I might make or which might be made on my behalf by others or which might be made against the Living Streams Ranch by others, arising from the participant's equine activities at the Living Streams Ranch. Furthermore, I agree to indemnify the Living Streams Ranch for any injury, death, loss or damage to any personal property when such injury, death, loss or damage arises from the participant's equine activities or at an event hosted by Living Streams Ranch. Covenant Not to Sue I agree, for myself and all my heirs, not to sue Living Strems Ranch, their employees or volunteers, or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the premises or while participating in activities. Indemnification I hereby agree to defend, indemnify and hold harmless Living Streams Ranch and the released parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of Living Streams Ranch or participation in any activities on the premises. Medical Treatment Release I hereby authorize Living Streams Ranch to secure, and I consent to, any medical treatment that may be given to me should Living Streams Ranch determine, in its sole discretion, that I need medical care, as a result of my being on the premises or from participating in activities. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport. Responsibility for Personal Property I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the premises or that I use during the ranch activities, and that Living Streams Ranch will not be responsible for or provide any security for my property and personal belongings. No Representations by Company I acknowledge that Living Streams Ranch makes no representation as to the condition of the premises or the safety of the activities or any equipment either on the premises or used in the activity. I accept and shall use the premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by Living Streams Ranch or the Ranch’s employees, agents, sponsors, or representatives regarding this agreement or the premises or activity, except to the extent such representations are expressly set forth in this agreement. Governing Law and Venue This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Bucks County, Pennsylvania. Waiver No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter. Survival Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable. Compliance with Laws In the performance of the terms of this Release and Waiver of Liability agreement and use of the premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations. Severability If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. Entire Agreement; Modification; Binding Effect This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. BY SIGNING THIS WAIVER AND RELEASE, I UNDERSTAND THAT I AM GIVING UP, WAIVING AND RELEASING, ANY RIGHT I MIGHT HAVE TO SUE OR MAKE A CLAIM AGAINST THE LIVING STREAMS RANCH AND ANY OF ITS AGENTS, EMPLOYEES, VOLUNTEERS OR REPRESENTATIVES, FOR ANY INJURIES THE PARTICIPANT MIGHT SUSTAIN TO ITS PERSON OR ITS PERSONAL PROPERTY, WHILE HORSEBACK RIDING OR OTHERWISE PARTICIPATING, EITHER DIRECTLY OR INDIRECTLY, MOUNTED OR UNMOUNTED, IN AN EQUINE ACTIVITY AT THE LIVING STREAMS RANCH, AND THAT I AM INDEMNIFYING AND HOLDING HARMLESS, THE LIVING STREAMS RANCH AND ALL OF ITS EMPLOYEES, AGENTS, VOLUNTEERS OR REPRESENTATIVES, FOR INJURIES TO ANYONE ELSE OR ANY HORSE RIDDEN BY ANOTHER WHILE I AM ENGAGED IN EQUINE ACTIVITIES AT THE LIVING STREAMS RANCH, EVEN IF CAUSED BY NEGLIGENCE OF LIVING STREAMS RANCH. IT IS MY INTENT TO GIVE UP THOSE RIGHTS AND PROVIDE THIS HOLD HARMLESS AGREEMENT AND I DO SO KNOWINGLY AND VOLUNTARILY. Today's Date: April 2, 2025 |
