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WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT- Ohio

READ CAREFULLY BEFORE SIGNING


I agree to the following agreement with Helge Buflod, Holly Buflod, Rockin' HB Ranch, and Helge's Horse Training LP, hereinafter referred to as “The Owners/Trainers”, as a condition for their allowing me, and persons identified below, to enter on or near the real estate known as 7565 N. Rt. 42, Waynesville, Ohio, hereinafter referred to as "The Property" for any purpose, including, but not limited to providing services, attending and/or participating in one or more clinics, rides or instructional activities with Owners/Trainers, and/or to engage in any equine-related activities thus allowing the undersigned to be near horses or ponies, handle horses or ponies, ride horses or ponies, receive instruction or guidance (directly or indirectly) in riding, working with, or handling of horses or ponies at any time and at any location under the direct or indirect supervision of Trainer, and/or use equipment (including, but not limited to, halters, lead ropes, headstalls, mecate reins, bits, and training sticks, trailers, or other equipment) on or near horses or ponies before, during, or after the clinic, ride, or instructional activity (All of these activities, individually and collectively, will hereafter be referred to in this document as “The Activities”).


All parts of this agreement shall apply to me, and the children/legal wards listed above (we will collectively call ourselves "I", "me", or "my" throughout this agreement).

IT IS HEREBY AGREED AS FOLLOWS:

 

1. I have requested to enter "The Property" which means that I will be near equines ("equines" shall mean horses, ponies, mules, and/or donkeys and/or other species commonly referred to as equines), be near other domestic animals, and/or ride equines (regardless of who may own the equine) on, near, or off the property and/or to engage in any or all of "The Activities" at any time and at any location.


2. Consideration/Binding Effect. I am signing this Waiver, Release of Liability, and Indemnity Agreement in consideration for being allowed to enter on or near the Property and/or engage in any or all of The Activities. This Release and Waiver of Liability, and Indemnity Agreement is intended to be valid and binding at all times, now and in the future, when Owners/Trainers or his staff permit me (directly or indirectly) to enter onto the Property and/or engage in any or all of The Activities at any location.


3. Inherent Risks of Equine Activities. I understand that anyone riding, handling, or even being near equines can suffer bodily and other injuries. Among other things, equines are unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of an equine are to jump forward or sideways, back up quickly, or run away from danger by trotting or galloping. Equines are also known to kick, buck, rear up, spin around, strike, or bite. I know that equines can do any of these things without warning. I also understand that all equines, even if they have no history of inflicting injury, are powerful and have the potential to be dangerous to people and animals that are on near or around them.

Ohio Statement of Inherent Risks:  "INHERENT RISK OF AN EQUINE ACTIVITY" MEANS A DANGER OR CONDITION THAT IS AN INTEGRAL PART OF AN EQUINE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:


(a) THE PROPERTY OF AN EQUINE TO BEHAVE IN WAYS THAT MAY RESULT IN INJURY, DEATH, OR LOSS TO PERSONS ON OR AROUND THE EQUINE;

(b) THE UNPREDICTABILITY OF AN EQUINE'S REACTION TO SOUNDS, SUDDEN MOVEMENT, UNFAMILIAR OBJECTS, PERSONS OR OTHER ANIMALS;

(c) HAZARDS, INCLUDING, BUT NOT LIMITED TO, SURFACE OR SUBSURFACE   CONDITIONS;

(d) A COLLISION WITH ANOTHER EQUINE, ANOTHER ANIMAL, A PERSON, OR AN OBJECT;

(e) THE POTENTIAL OF AN EQUINE ACTIVITY PARTICIPANT TO ACT IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO INJURY, DEATH, OR LOSS, TO THE PERSON OF THE PARTICIPANT OR TO OTHER PERSONS, INCLUDING BUT NOT LIMITED TO, FAILING TO MAINTAIN CONTROL OVER AN EQUINE OR FAILING TO ACT WITHIN THE ABILITY OF THE PARTICIPANT.


I understand these inherent risks and dangers, and I agree to assume each and every one of them and to hold Owners/Trainers harmless from the consequences of each of them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned above. I am not relying on Owner/Trainer to list all possible equine-related risks for me in this document or at any time, now or in the future. 


4. WAIVER AND LIABILITY RELEASE. As consideration for Owner/Trainer allowing me to enter the Property and/or engage in any or all of The Activities, now or in the future, and with full knowledge and appreciation of the inherent risks of equine activities, I freely and voluntarily agree to assume the risks involved in entering the Property and any aspect of The Activities. I agree to assume full responsibility for any and all bodily injuries or damages which I may sustain at any time when on the Property and/or engaging in The Activities or while participating (directly or indirectly) in the clinic or instruction with Owner/Trainer. The term "damages", means, for example, medical expenses, losses incurred because of bodily injuries or property damages, and/or personal property damages. I, for my heirs, administrators, personal representatives, or assigns, release, discharge and agree not to sue Helge Buflod, Holly Buflod, Rockin' HB Ranch, Helge's Horse Training LP, Houston Buflod, Mckenzie Noel Buflod, Holt Buflod, Matt Frye, Hannah Frye and their clinicians, trainers, officers, directors, employees, agents, assistants, representatives, assigns, and others acting on their behalf, of and from all claims, demands, actions or causes of action (whether they occur now or in the future, and whether they are known or unknown) resulting from either ordinary negligence by any of these persons or entities or a violation by any of them or any provision of an Ohio equine activity liability law (except if the injury, loss, or damage was directly caused by Owner's/Trainer's gross negligence, reckless misconduct, or willful and wanton disregard for my safety).

It is my intention to release and hold harmless, Helge Buflod, Holly Buflod, Rockin' HB Ranch, Helge's Horse Training LP, Houston Buflod, Mckenzie Noel Buflod, Holt Buflod, Matt Frye, Hannah Frye and their clinicians, trainers, officers, directors, employees, agents, assistants, representatives, assigns, and others acting on their behalf, lo the fullest extent under the law.

 

5. INDEMNIFICATION. I also agree to defend, indemnify and hold harmless Helge Buflod, Holly Buflod, Rockin' HB Ranch, Helge's Horse Training LP, Houston Buflod, Mckenzie Noel Buflod, Holt Buflod, Matt Frye, Hannah Frye and their clinicians, trainers, officers, directors, employees, agents, assistants, representatives, assigns, and others acting on their behalf, against all liability, claim, loss, action or expenses which are sustained, suffered, or incurred by any third person(s) that I may cause (directly or indirectly) while engaging in any or all of The Activities at any time and at any location in connection with my attendance or participation in the clinic or instructional activity with Owner/Trainer. ("Third persons" are any and all people who are not parties to this Agreement and includes, but is not limited to, my relatives, guests, other clinician participants, spectators, or visitors, etc.). The indemnification shall include all attorney fees, expenses and fees incurred.

 

6. NON-INVITEES.  I understand and agree that any person I bring, or allow to enter, onto the Property who is not participating in The Activities is not an invitee and that I am solely and completely responsible for that non-invitee. I also agree to defend, indemnify and hold harmless Helge Buflod, Holly Buflod, Rockin' HB Ranch, Helge's Horse Training LP, Houston Buflod, Mckenzie Noel Buflod, Holt Buflod, Matt Frye, Hannah Frye and their clinicians, trainers, officers, directors, employees, agents, assistants, representatives, assigns, and others acting on their behalf, against all liability, claim, loss, action or expenses which are sustained, suffered, or incurred by any non-invitee that I bring, or allow to enter on, the Property. The indemnification shall include all attorney fees, expenses and fees incurred.

 

7. ASTM/SEI Headgear. I agree to be fully responsible for my own safety at all times while engaging in any or all of The Activities at any time and at any location in connection with my attendance at or participation in the clinic, ride, or instructional activity with Owner/Trainer. Owner/Trainer has advised me that, for my own protection, I should purchase and wear properly fitted and secured ASTM- Standard/SEI-certified protective headgear (helmet and strap) that is designed for use when riding or when near equines. I am NOT relying on Owner/Trainer to provide a certified helmet for me, to check any helmet or helmet strap that I may wear, or to monitor my compliance with the suggestion at any time - now or in the future. IfI choose to wear an ASTM-standard/SEI-certified helmet or if I choose not to this my decision alone.

 

8. EMERGENCIES. Person(s) to Contact in Case of Emergency: (see below)

 

9. This Waiver, Release of Liability and Indemnity Agreement is governed by Ohio law and is intended to be as broad and inclusive as Ohio law permits. Should any clause in this document conflict with Ohio law, only that clause will be null and void and the remainder of this document shall stay in full force and effect at all times, now and in the future. This Waiver, Release of Liability, and Indemnity Agreement can only be modified by a written agreement that is signed by me and Helge Buflod, Holly Buflod, Rockin' HB Ranch, Helge's Horse Training LP, Houston Buflod, Mckenzie Noel Buflod, Holt Buflod, Matt Frye, Hannah Frye and their clinicians, trainers, officers, directors, employees, agents, assistants, representatives, assigns, and others acting on their behalf. If I breach this Agreement, I agree to pay the attorney fees and court costs related to such breach incurred by Owner/Trainer and persons directly affiliated with Owner/Trainer. It is also agreed that any disputes arising under this document, or any activities that are undertaken pursuant to it, shall be exclusively litigated as a bench trial in Warren County, Ohio, where Owner/Trainer resides and transacts business, and I agree that this is a convenient location and to a waiver of trial by jury.

10. I give Helge Buflod and Helge's Horse Training LP permission to publish in print, electronic, or video format the likeness or image of myself or my minor child. I release all claims against Helge Buflod and Helge's Horse Training LP with respect to copyright ownership and publication including my claim for compensation related to use of the materials.

11. I also make this agreement on behalf of my child or legal ward. All parts of this agreement shall apply to me, and the children/legal wards listed below (we will collectively call ourselves, "I", "me", or "my" throughout this agreement. 



I AM OF SOUND MIND, AND NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS.

I HAVE READ THE ENTIRE WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (BOTH PAGES) AND I FULLY UNDERSTAND IT.

I INTEND FOR THIS WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT TO BE VALID AND BINDING TODAY AND AT ALL TIMES IN THE FUTURE.


Today's Date: November 30, 2022




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