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FLYING WIENER RANCH LLC

PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY



Review Flying Wiener Ranch LLC Privacy Policy

READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING CONTRACT. IT RELEASES CLAIMS FOR ORDINARY NEGLIGENCE AND GIVES UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ON CLAIMS THAT ARE RELEASED.


EQUINE ACTIVITY LIABILITY WARNING — ORS 30.687 TO 30.697

HORSEBACK RIDING AND EQUINE ACTIVITIES ARE INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS INJURY, PARALYSIS OR DEATH. UNDER OREGON LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT ARISING OUT OF RIDING, TRAINING, DRIVING, GROOMING OR RIDING AS A PASSENGER UPON AN EQUINE. RIDE AT YOUR OWN RISK.


1. ACTIVITIES, PREMISES AND RELEASED PARTIES

“Activities” means all equestrian, recreational, instructional, spectator, volunteer and related activities conducted on or in connection with the Premises, including riding, leading, driving, training, grooming, tacking, loading, unloading, handling or being near equines; use of the trail course, obstacles, arenas, trails and roads; and arrival, departure and movement about the Premises.

“Premises” means all property and facilities owned, leased, controlled or used by Operator in connection with the Activities, including the trail course, obstacles, arenas, trails, barns, stalls, pens, parking and staging areas, driveways and access roads. “Equine” includes any horse, pony, mule, donkey or hinny.

“Released Parties” means Operator and its owners, members, managers, employees, independent contractors, agents, volunteers, instructors and guides; any owner, lessor, lessee or lawful possessor of the Premises; Operator’s successors and assigns; and Operator’s insurers. Each is an intended third-party beneficiary of this Agreement.


2. ACKNOWLEDGMENT OF RISKS

I understand that equestrian and trail-course activities involve serious risks that cannot be eliminated. No list can be complete. I knowingly accept risks including:

• Equines. Equines are large and unpredictable animals that may spook, bolt, buck, rear, kick, bite, fall, refuse obstacles, collide with people or animals, or otherwise react unexpectedly to people, animals, objects, footing, weather or other stimuli. This includes my equine and equines owned or controlled by others.

• Terrain and natural conditions. Uneven, loose, wet, muddy, rocky, frozen or unstable footing; holes, roots, rocks, slopes, drop-offs, water crossings, vegetation, wildlife, livestock, dogs, insects, heat, cold, wind, rain, snow, ice, smoke, fire, poor visibility and changing conditions.

• Trail-course obstacles and constructed features. The course may contain bridges, ramps, banks, ditches, culverts, berms, logs, poles, gates, tarps, flags, curtains, water hazards, platforms, moving or unstable elements and similar features. They are intentionally designed to challenge horse and rider. They may be uneven, slick, loose, unstable, damaged or changing; may shift, break or fail; and an equine may react unpredictably to them. Risks include their design, construction, layout, placement, spacing, footing, inspection, maintenance and condition.

• Other people and equipment. Collisions, negligence, inattention, inexperience or misconduct of other participants, guests or third parties; and failure, breakage, slippage, poor fit or improper adjustment of tack, helmets, protective gear or other equipment, including equipment I select or provide.

• Rural location and emergency response. Portions of the Premises may be remote, lack cellular or radio coverage, or be difficult for emergency vehicles to reach. Operator does not provide on-site medical care. Emergency response or evacuation may be delayed and delay may worsen an injury.

These and other risks may cause property damage, illness, broken bones, head, neck or spinal injury, permanent disability, paralysis or death to me, my equine or others.


3. PARTICIPANT RESPONSIBILITIES

• I am physically and mentally capable of participating safely, am not impaired by alcohol, cannabis, drugs or another condition, and am solely responsible for deciding whether I and my equine have the ability, training, condition and equipment necessary for any Activity or obstacle I choose to attempt.

• If I bring an equine, I am solely responsible for its suitability, health, soundness, behavior, control, containment, care and any injury or damage it causes. I will disclose any known dangerous behavior to Operator before participation.

• I am responsible for selecting, inspecting, fitting and maintaining my own tack and equipment. I understand that helmets and other protective equipment reduce but do not eliminate risk.

• I will wear a properly fitted ASTM/SEI-certified equestrian helmet and heeled footwear while mounted or handling an equine, and I will obey posted rules, closures, course markings and reasonable safety instructions from Operator.

• I am responsible for the conduct and supervision of any minor, guest, dog or other animal I bring. I will not bring a guest or spectator onto the Premises unless Operator has authorized that person’s presence and any required release has been completed.

• I will immediately report any injury, loose equine, damaged obstacle or unsafe condition that I observe. Operator may remove me or my equine for unsafe conduct or rule violations.


4. ASSUMPTION OF RISK

I knowingly, voluntarily and freely ASSUME ALL RISKS of the Activities, whether described above or not, known or unknown, foreseen or unforeseen, inherent to equine activity or otherwise, including risks arising from natural conditions, constructed obstacles, my own equine, another person’s equine, other participants, equipment, and the ordinary negligence of a Released Party. I accept responsibility for injury, disability, death, loss or damage I sustain to the fullest extent permitted by Oregon law.


5. RELEASE AND WAIVER OF ORDINARY NEGLIGENCE

TO THE FULLEST EXTENT PERMITTED BY OREGON LAW, I RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES FOR CLAIMS FOR INJURY TO OR DEATH OF THE PARTICIPANT, OR LOSS OF OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE ACTIVITIES OR PARTICIPANT’S PRESENCE ON THE PREMISES, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY. THIS INCLUDES CLAIMS RELATING TO THE DESIGN, CONSTRUCTION, LAYOUT, PLACEMENT, INSPECTION, MAINTENANCE OR CONDITION OF THE TRAIL COURSE, ITS OBSTACLES AND THE PREMISES.


This release is made for myself and my spouse, children, heirs, next of kin, personal representatives, executors, administrators, assigns and estate.


Participant initials:


I understand that this Agreement releases claims arising from ordinary negligence to the fullest extent Oregon law permits.


6. CLAIMS NOT RELEASED

This Agreement does not release claims that Oregon law prohibits Operator from requiring Participant to release, including claims for: (a) greater than ordinary negligence, including gross negligence, reckless conduct, willful misconduct or intentional torts; (b) negligence per se; (c) maintenance or inspection of safety equipment supplied by Operator and used in connection with the Activities; (d) negligent safety-related training of an employee or agent whose conduct causes injury; (e) abuse as defined in ORS 419B.005, or physical or sexual assault of an adult; (f) negligent hiring, training, credentialing, supervision or retention of an employee or agent whose injury-causing conduct constitutes gross negligence, reckless conduct, willful misconduct or an intentional tort; or (g) bodily injury or death relating to operation or use of a vehicle, including transportation to or from the Premises, unless the participant uses the vehicle as part of the Activities themselves.

If any provision of this Agreement is broader than Oregon law permits, it shall be construed and enforced only within the limits the law allows rather than voided in its entirety. Sections 4 through 6 are intended to operate to the maximum extent permitted by Oregon law, including Oregon Laws 2026, Chapter 132 (SB 1517).


7. OREGON STATUTORY EQUINE RELEASE

As a condition of participation, and before riding, training, driving, grooming or riding as a passenger upon an equine, I knowingly execute this release and specifically waive the right to bring an action against Operator, as an equine professional or equine activity sponsor, for any injury or death arising out of riding, training, driving, grooming or riding as a passenger upon an equine, to the extent provided by ORS 30.691 and ORS 30.693(2).


8. VEHICLES, PROPERTY AND EQUINES

I park, stage, load, unload and store vehicles, trailers, tack, equipment and other property at my own risk. To the fullest extent permitted by law, I release the Released Parties from claims for theft, loss of or damage to such property, including loss of use, arising from ordinary negligence, other users, animals, weather or conditions of the Premises. No bailment is created. I am responsible for safely operating my vehicle and trailer and for damage I cause.

I release the Released Parties from claims for injury to, illness of, lameness of or death of my equine arising from the Activities or its presence on the Premises, including ordinary negligence, acts of another equine, or conditions of the Premises. If I cannot promptly be reached, I authorize Operator, at my expense, to obtain emergency veterinary care reasonably believed necessary. Nothing in this section releases a claim for bodily injury or death involving vehicle operation beyond what Oregon law permits.


9. INDEMNIFICATION

I agree to INDEMNIFY, DEFEND and HOLD HARMLESS the Released Parties from third-party claims, damages, losses and reasonable attorney fees to the extent arising from my acts or omissions; the acts of my equine, dog or other animal; my vehicle or trailer; my guests or minor children; or my breach of this Agreement or Operator’s rules. This indemnity does not apply to a Released Party’s gross negligence, reckless conduct, willful misconduct, intentional torts, or any claim listed in Section 6.


10. MINORS AND EMERGENCY CARE

If I sign for a Participant under 18, I represent that I am the minor’s parent or legal guardian and have authority to sign. I make the acknowledgments, assumptions of risk, releases, waivers and indemnities in this Agreement for myself and, to the fullest extent Oregon law permits, on behalf of the minor. The minor must be supervised by the signing parent/guardian or another adult designated in writing to Operator.

If Participant is injured and unable to consent, Participant authorizes Operator to summon emergency medical services and permit treatment a licensed provider deems necessary. Participant is responsible for medical, ambulance, air ambulance, search, rescue and evacuation costs.


11. GENERAL TERMS

• Term. This Agreement applies to the visit on the date signed and each subsequent visit through December 31 of that calendar year, unless revoked in writing, after which Participant may no longer participate.

• Governing law and venue. Oregon law governs. Any action arising from this Agreement or the Activities shall be brought in the state courts of Jackson County, Oregon. The parties may first attempt mediation.

• Severability. If a provision is invalid or unenforceable, the remainder remains effective, and any provision valid if narrowed shall be interpreted and enforced as narrowly as necessary.

• Entire agreement. This Agreement is the complete agreement regarding these subjects and may be amended only in a writing signed by the parties.

• Voluntary execution. I have had adequate opportunity to read and consider this Agreement, ask questions, and choose not to participate. I sign voluntarily.

• Electronic signatures. Electronic or scanned signatures and counterparts have the same force as an original.


I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT IT CONTAINS AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY FOR ORDINARY NEGLIGENCE, AND AN INDEMNITY OBLIGATION, AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. I SIGN FREELY AND VOLUNTARILY.


First Participant's Name
First Name*
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Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
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Third Participant's Name
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Fifth Participant's Name
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Sixth Participant's Name
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Seventh Participant's Name
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Eighth Participant's Name
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Ninth Participant's Name
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Tenth Participant's Name
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Participant's Date of Birth*
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Parent or Guardian's Email Address
Email*
Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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