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Barn Waiver - Kreske

 

IN CONSIDERATION of being permitted to participate among and on horses on the premises of or under the auspices of the Kreske family  (located at 20560 Fernview Rd – West  Linn, OR 97068), on my behalf of the participant named above (we will collectively call ourselves “I” in this release), I acknowledge, appreciate and agree that:


1) The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis or death. This risk includes, but is not limited to, my being in presence of, mounted on, and/or leading horses and includes but is not limited to property damage, injury, or death resulting from the dangers or conditions that are inherent risk of equine activity. 


Therefore, all activities are subject to the Oregon State “EQUINE INHERENT RISK LAW. ORS 30.687~30.697” (included at end of this release of liability))


2) By signing this RELEASE OF LIABILITY, I UNDERSTAND AND KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, EVEN IF ARISING FROM THE NEGLIGNECE OR LEGAL LIABILITY (included at end of this release) of those persons released from liability below, and assume full responsibility for my participation. I understand that there may be other risks, as well, and I agree to assume them; I am not relying on Kreske family to list all possible risks for me.


I will comply with all rules and regulations at this location. If I have any question, or observe any unusual or unnecessary hazard during my participation, I will immediately notify the Kreske family.


4) I feel that the possible benefits to myself/my son/my daughter/my ward of participation in equine activities or being around horses or on Kreske family property are greater than the risk assumed. I hereby, intending to be legally bound, for myself on behalf of my heirs and assigns, personal representatives, and the next of kin, waive and release forever the claims of damages against the Kreske family and affiliated persons for any and all injuries and /or losses I/my son/my daughter/my ward may sustain while participating at this site. 


This release shall be valid starting from date executed for as long as participant either (1) participates in any activities associated with or (2) is on or near the premises of Happy Trails Riding Center. If participant is a minor, Parent or Guardian executes this agreement on behalf of himself/herself as well as the minor child or legal ward. 


I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANITAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR COERCION BY ANYONE


Therefore, all activities at 20560 Fernview Rd. are subject to the Oregon State

EQUINE INHERENT RISK LAW.

ORS 30.687~30.697 

By your presence at these activities you have indicated that you have accepted the limits of liability resulting from inherent risks of Equine Activities. All persons associated with Happy Trails Riding Center will be regarded as participants and are limited by the inherent risk law. 

Equine Activity Statute 

State of Oregon 

OREGON REVISED STATUTES TITLE 3. REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS CHAPTER 30. ACTIONS AND SUITS IN PARTICULAR CASES ACTIONS ARISING OUT OF EQUINE ACTIVITIES 

ORS s 30.687 (1993) 

30.687. Definitions for ORS 30.687 to 30.697. 

For the purposes of ORS 30.687 to 30.697: 

(1) "Equine" means a horse, pony, mule, donkey or hinny. 

(2) "Equine activity" means: 

(a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, endurance trail riding and western games and hunting; 

(b) Equine training, grooming and teaching activities; 

(c) Boarding equines; 

(d) Riding, inspecting or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; and 

(e) Rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor. 

(3) "Equine activity sponsor" means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes or provides the facilities for an equine activity, including but not limited to pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs and operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held. 

(4) "Equine professional" means a person engaged for compensation: 

(a) In instructing a participant or renting to a participant an equine for the purpose of riding, training, driving, grooming or being a passenger upon the equine; or 

(b) In renting equipment or tack to a participant. 

(5) "Participant" means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. "Participant" does not include a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, groom or ride as a passenger upon an equine. 


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30.689. Policy. 

(1) It is the purpose of ORS 30.687 to 30.697to assist courts and juries to define the circumstances under which those persons responsible for equines may and may not be liable for damages to other persons harmed in the course of equine activities. 

(2) It is the policy of the State of Oregon that no person shall be liable for damages sustained by another solely as a result of risks inherent in equine activity, in so far as those risks are, or should be, reasonably obvious, expected or necessary to the person injured. 

(3) It is the policy of the State of Oregon that persons responsible for equines, or responsible for the safety of those persons engaged in equine activities, who are negligent and cause foreseeable injury to a person engaged in those activities, bear responsibility for that injury in accordance with other applicable law. 

30.691. Limitations on liability; exceptions. 

(1) Except as provided in subsection (2) of this section and in ORS 30.693, an equine activity sponsor or an equine professional shall not be 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 and, except as provided in subsection (2) of this section and ORS 30.693, no participant or participant's representative may maintain an action against or recover from an equine activity sponsor or an equine professional 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. 

(2)(a) The provisions of ORS 30.687 to 30.697do not apply to any injury or death arising out of a race as defined in ORS 462.010. 

(b) Nothing in subsection (1) of this section shall limit the liability of an equine activity sponsor or an equine professional: 

(A) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury; 

(B) If the equine activity sponsor or the equine professional intentionally injures the participant; 

(C) Under the products liability provisions of ORS 30.900 to 30.920; or 

(D) Under ORS 30.820 or 608.015. 

30.693. Additional exceptions to limitations on liability; effect of written release. 

(1) Except as provided in subsection (2) of this section, nothing in ORS 30.691 shall limit the liability of an equine activity sponsor or an equine professional if the equine activity sponsor or the equine professional: 

(a) Provided the equipment or tack, failed to make reasonable and prudent inspection of the equipment or tack, and that failure was a cause of the injury to the participant; 

(b) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to safely ride, train, drive, groom or ride as a passenger upon an equine, to determine the ability of the equine to behave safely with the participant and to determine the ability of the participant to safely manage the particular equine; or 

(c) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted. 

(2) The limitations on liability provided in ORS 30.691 shall apply to an adult participant in the circumstances listed in subsection (1)(b) of this section if the participant, prior to riding, training, driving, grooming or riding as a passenger upon an equine, knowingly executes are lease stating that as a condition of participation, the participant waives the right to bring an action against the equine professional or equine activity sponsor for any injury or death arising out of riding, training, driving, grooming or riding as a passenger upon the equine. A release so executed shall be binding upon the adult participant, and no equine professional or equine activity sponsor shall be liable in the circumstances described in subsection (1)(b) of this section except as provided in ORS 30.691 (2). 

30.695. Effect of written release on liability of veterinarian or farrier. 

(1) No veterinarian or farrier shall be liable to any person who assists the veterinarian or farrier in rendering veterinarian or farrier services to an equine if the person, prior to assisting the veterinarian or farrier, executes a release stating that the person rendering assistance waives the right to bring an action against the veterinarian or farrier for any injury or death arising out of assisting in the provision of veterinarian or farrier services. A release so executed shall been forcible regardless of lack of consideration. 

(2) A release executed pursuant to this section shall not limit the liability of a veterinarian or farrier for gross negligence or intentional misconduct. 

30.697. Effect on workers' compensation benefits. 

Nothing in ORS 30.687 to 30.695 shall affect the right of any person to any workers' compensation benefits that may be payable by reason of death, injury or other loss. 

HISTORY: 1991 c.864 @ 6 Oregon



First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
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*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's 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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