LIABILITY WAIVER / HOLD HARMLESS AGREEMENT In consideration of access to and use of Prairie Hawk Farm LLC, a Colorado limited liability company dba Legacy Equestrian Center’s stable, paddock, pastures (“Stable”), and all other areas on the premises (“Premises”) today and on all future dates, the undersigned, a rider, guest, trainer, or instructor (“Rider” or “Undersigned”)) and, if Rider is under the age of eighteen (18) years old, the parents/legal guardians of Rider (“Parents/Legal Guardian”) (Rider and Parents/Legal Guardian may hereinafter be referred to as the “Undersigned”), acknowledge and agree as follows: 1. Rider and, if applicable, his/her Parents/Legal Guardians has read and understands, and freely and voluntarily enters into this Liability Waiver and Hold Harmless Agreement (“Agreement”), understanding that this Agreement is a waiver of any and all liability(ies). Rider understands that this Agreement further limits the liability of equine professionals to include any activity whatsoever involving an equine, including death, personal injury, and/or damage to property. 2. Rider and, if applicable, his/her Parents/Legal Guardians, acknowledge that there are certain significant risks inherent in riding horses, engaging in other equine activities, and by Rider’s presence on the Premises and knowingly assumes and accepts such risks, including without limitation the risks of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses, or stationary objects, fire or explosion, the unavailability of emergency services, or the negligence or deliberate act of Stable or another person on the Premises. The risks are inherent in all activities involving an equine, including but not limited to using, grooming, leading, saddling, mounting, riding, observing, feeding, petting, having a horse in training, taking lessons, boarding a horse, or otherwise being in close proximity to horses, as well as other risks reasonably related to engaging in equine activities, and that both horse and rider can be injured during even seemingly normal use, schooling, or competition. 3. Other risks include, but are not limited to: - The propensity of horses to behave in ways, such as, running, bucking, biting, kicking, shying, spooking, stumbling, rearing, falling or stepping on, as well as in other ways not listed herein that are generally characteristic of horses; the unpredictability of a horse’s reaction to such things as sounds, colors, sights, surprises, sudden movement and/or unfamiliar objects, other persons or other animals; and reality that horses can encounter sickness or disease, astray, theft, damage, injury or death, all of which may also result in an injury, harm, or death to persons and/or property damage.
- Inherent risks for injury to a person(s) are not limited to the potential for Stable, a participant, a spectator, any guest including the undersigned’s family, or any other third party, to act in a contributorily negligent manner that may thereby contribute to the undersigned’s injuries; the potential that any person may fail to maintain control over their horse, may overstate or misrepresent their equine abilities, or otherwise fail to act within the participant’s ability; the potential for collisions between horses, people, other animals, property, or any combination thereof; injuries as a result of other animals; any injury sustained as a result of tack or tack failures; new, undiscovered, or existing surface or subsurface conditions, damages to Stable or its Premises, or any other property damage; unknown latent property defects; any consequences due to limited availability of emergency medical care; or the undersigned’s failure to wear an ASTM-standard/SEI-certified equestrian riding helmet; and
- Inherent risks of property damage are not limited to certain hazards such as surface and subsurface conditions; lost, stolen, or damaged personal property of the undersigned including vehicles or trailers including the contents thereof; new, undiscovered, or existing Stable property damage such as damage to stalls, barns, walls, riding areas or arenas, sheds, paddocks, pastures, any surface and/or subsurface condition, fencing, walkways, any wooden structures, plumbing, wash racks, equipment, driveway(s), gardens or forestry, landscaping, or other miscellaneous objects such as horse blankets or tack whether or not the personal property of the undersigned.
4. Rider and, if applicable, his/her Parents/Legal Guardians, waive, release, and forever discharge any and all rights and claims for damages or injury to the Rider’s person or property arising out of the performance or failure of performance of Stable and Rider’s presence and/or activities at the Premises. 5. Rider and, if applicable, his/her Parents/Legal Guardians, acknowledges and agrees that Stable is not an insurer of the Rider’s actions, and that Stable does not assume any liability for personal illness, injury, or property damage to the Rider or Rider’s horse arising out of the presence and/or activities of Rider or Rider’s horse at the Premises. 6. Rider and, if applicable, his/her Parents/Legal Guardians, agree to indemnify, defend, and hold harmless Stable and its owners, officers, employees, successors, assigns, members, and directors from any and all claims relating to or which may be asserted by or on behalf of the Rider arising from his/her presence and/or activities on the Premises, including reasonable attorneys’ fees and damages, medical costs, judgments, and other costs or expenses relating in any way to such claims. 7. Rider and, if applicable, his/her Parents/Legal Guardians agrees to abide by all Stable Rules (“Rules”), receipt of which is hereby expressly acknowledged by Rider and, if applicable, his/her Parents/Legal Guardians. The undersigned certifies that to the best of their knowledge the Rider and, if applicable, Rider’s horse are in good physical condition and have no disease or injury that would impair his/her/its participation in equine activities or safety of his/her/it or others on the Premises. The undersigned certifies that the Rider is at least 18 years of age, or if not 18 years of age, has the express permission of his/her Parents/Legal Guardians to participate in equine and other activities on the Premises and to execute this Agreement. This Agreement shall be construed and interpreted pursuant to the laws of the State of Colorado, and any disputes arising hereunder shall be resolved before a court of competent jurisdiction in Douglas County, Colorado. 8. If Rider is an instructor, or Rider’s Trainer is using the arena area for instruction or training purposes, they agree to carry a liability insurance policy (“Policy”) covering all visits in the minimum amount of $1,000,000 coverage with Stable listed as an additional insured. It is understood that it is Rider’s or Rider’s trainer’s responsibility for all costs of such liability coverage and at any and if at any time the Policy has a lapse of coverage or is cancelled, Stable is not should there be an injury or damage to property to or by a horse, Rider, or trainer and all responsibility shall be borne by the trainer or instructor. 9. If the Rider is a minor, the use of an ASTM-approved helmet of proper fit is required. If the undersigned is an adult, the use of an ASTM helmet is left to their discretion but is highly recommended to prevent catastrophic injury and is considered by equine professionals to be an essential piece of safety equipment. The undersigned is advised on the necessity of acquiring additional proper attire, including but not limited to boots, chaps, gloves, breaches, undergarments, and safety vests. It is the responsibility of the undersigned to educate themselves on the acquisition and use of proper attire and equestrian safety equipment. The undersigned assumes the responsibility of safe and proper application of any and all equine-related riding equipment including but not limited to saddles, girths, bridles, boots, etc. 10. The Rider and, if applicable, his/her Parents/Legal Guardians specifically understand and agree to the following: HOLD HARMLESS The undersigned acknowledges s/he has read and understands the foregoing “Inherent Risks” and does hereby knowingly and voluntarily release Stable and its officers, owners, members, agents, assistant trainer(s), and employees from any liability or responsibility for accident, damage, injury, death, or illness to the undersigned or the undersigned’s minor child, or any horse owned by or in the custody and control of the undersigned, or to any family member, guest, or spectator accompanying the undersigned, including any of the undersigned’s minor children, while at any location on or off of the premises of Stable; and that except in the event of this Stable’s gross and willful negligence, the undersigned agrees not to bring any claims, demands, actions or causes of action, and/or litigation, against this Stable for any economic or non-economic losses due to bodily injury, death, and/or property damage sustained by the undersigned and/or the undersigned’s minor child or legal ward or any family member, guest, or spectator in relation to the Premises and operations of this Stable, including while riding, handling, having a horse in training, taking lessons, boarding, or otherwise being near horses owned by or in the care, custody, and control of this Stable or third-parties. INDEMNIFICATION In consideration for the privilege of riding, boarding, taking riding lessons, and/or working around horses, as afforded by Stable, at any location on or off of the Premises, today and on all future dates, the undersigned does hereby agree to defend and indemnify Stable and its officers, owners, members, agents, and employees, and agrees to pay all associated legal fees incurred by Stable’s defense. ASSUMPTION OF RISK The undersigned, completely understanding and acknowledging the inherent dangers associated with participation in equestrian riding events and equine activities, and also having had an opportunity and sufficient time to fully inspect the Stable’s Premises including sufficient opportunity to know of and appreciate specific risks of the Stable and the Premises such as any ponds or watering holes does hereby voluntarily, knowingly, and expressly assume all associated risks and hazards of the land, or from participating in equestrian riding events and equine activities. HELMETS / MISCELLANEOUS The undersigned further voluntarily, knowingly, and expressly agrees to hold harmless and indemnify Stable of any and all risks from failing to wear an ASTM-standard/SEI-certified equestrian riding helmet; the failure to read and abide by all Stable Rules or regulations (whether or not posted or in effect at the time of this Agreement); and/or the undersigned’s failure to fairly and accurately represent and warrant his or her equine abilities and experience. SEVERABILITY In the event any provision of this Agreement is found to be invalid, unenforceable, or voidable, the remaining provisions shall remain in full force and effect as if this Agreement had been executed without the invalid provision. HEIRS, ASSIGNS, AND SUCCESSORS The undersigned agrees that this Agreement shall be binding upon the heirs, assigns, and successors of the undersigned. WARNING: Under Colorado law, an equine professional is NOT liable for an injury or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.
Today's Date: May 5, 2026 |