THIS DOCUMENT WAIVES IMPORTANT LEGAL RIGHTS. PLEASE READ IT CAREFULLY, ACKNOWLEDGE EACH SECTION WITH INITIALS AND SIGN AT THE BOTTOM. 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 & wagon riding or horse drawn wagons (collectively “Horseback Riding”) involve SIGNIFICANT RISK OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE OR EVEN DEATH. Risks include NATURAL, MAN-MADE, ENVIRONMENTAL CONDITIONS AND INHERENT RISKS, including changing weather, mud, rocks, ice, climbing into/out of and riding sleighs & wagons, variations in steepness, terrain, natural and man-made obstacles, equipment failure and the negligence of others. According to Utah Code, "INHERENT RISKS" 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. APH shall bear no liability for inherent risks. In consideration of participation in the Horseback Riding and use of APH facilities, I agree to the following: 1. I ACKNOWLEDGE AND ACCEPT THE RISKS AND DANGERS INHERENT IN EQUINE ACTIVITIES. INITIAL __________ 2. I EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS INVOLVED IN OR ARISING FROM THE USE OF HORSES, HORSEBACK RIDING, OR THEIR PRESENCE UPON THIS PROPERTY AND FACILITY, including personal injury, falls, accidents, and/or property damage, including those resulting from any negligence of APH, their agents, employees, property owners, and affiliated companies. INITIAL __________ 3. I hereby RELEASE, HOLD HARMLESS AND INDEMNIFY APH, their agents, employees, property owners, and affiliated companies and any other representatives, any other cooperating or coordinating agencies or groups and any of their successors and assigns, OF AND FROM ALL LIABILITY WHATSOEVER AND AGREE NOT TO SUE on account of or in conjunction with any claims regarding the design, maintenance, manufacture, instructions, or conditions of the Horseback Riding area, course, structures utilized in the Horseback Riding, express or implied warranties, product liability and the negligence of APH, and for causes or action, injuries, damages, or expenses arising out of the activities or events of horseback riding or APH, including without limitation such liabilities as may arise from death, personal injury, property damage, economic loss and consequential damages. To the fullest extent allowed by law, I agree to indemnify and hold APH harmless from all claims, damages or injuries in any way related to my participation in Horseback Riding and use of any facilities at APH, and will reimburse APH’s for any associated attorneys’ fees and costs. INITIAL __________ 4. I shall accept and abide by the rules and regulations of APH. INITIAL ________ 5. I agree that I am mentally and physically able to participate in Horseback Riding and that I have received all information necessary to participate. INITIAL __________ 6. Depending on the activity in which I participate, I acknowledge that STROBE LIGHTING and/or other lighting techniques may be used. INITIAL ________ 7. I irrevocably grant and agree that APH 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. INITIAL __________ AGREED AND ACCEPTED I HAVE READ, UNDERSTOOD AND VOLUNTARILY SIGNED THIS RELEASE OF LIABILITY.
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