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The signatory(s) hereto hereby enter into this Equine Facilitated Psychotherapy Participation, Liability Release and Indemnity Agreement (hereinafter “Contract”), as more fully set forth below. This Contract is deemed effective upon signing and shall be in effect each and every time thereafter that the persons subject to this Contract engage in conduct that is anticipated by this Contract.

This Contract covers the aspects of equine facilitated psychotherapy that are unique to being around HORSES or on horse properties. PROVIDER’s informed consent, which will be provided, must also be signed with regard to the psychotherapeutic aspects of equine assisted therapy.

1. DEFINITIONS (as used in this Contract):

A. The term PROVIDER includes therapist Karen H. Winter DBA Karen H. Winter LMFT/CBEIP – Mental Health (hereinafter Karen H. Winter LMFT/CBEIP – Mental Health) and all persons working for, voluntarily or otherwise providing services under this Contract on behalf of Karen H. Winter LMFT/CBEIP – Mental Health, her agents, employees, and assigns.

B. The term HORSE refers to any member of the equine species, including but not limited to horses, donkeys and burros of any size.

C. The term EQUINE ACTIVITY shall refer to interaction with HORSES in any way, whether directly or indirectly, including but not limited to touching, handling, providing grooming or other care, exercising and being in the presence of HORSES for any purpose whatsoever. Mounting or riding a HORSE is not anticipated to occur under this Contract but, if it does, it is included in this definition. The term EQUINE FACILITATED PSYCHOTHERAPY shall refer to EQUINE ACTIVITY in furtherance of therapy with and under the supervision of PROVIDER.

D. The term OWNER shall refer to the full legal owner, part-legal owner, and/or lessee of the HORSE(S) that are used in providing services to PATIENT pursuant to this Contract.

E. The term PARTICIPANT includes any and all persons engaged in an EQUINE ACTIVITY or who are otherwise present on the PREMISES (as defined at ¶ 1.I.) for any purpose in furtherance of this Contract, including but not limited to participating in equine assisted therapy, transporting, assisting or supporting someone participating in equine assisted therapy, or observing.

F. The term PATIENT includes any and all persons participating in EQUINE FACILITATED PFSYCHOTHERAPY or receiving INSTRUCTION in EQUINE ACTIVITIES from Karen H. Winter LMFT/CBEIP – Mental Health as identified in paragraph 10 of this Contract.

G. The term CLIENT includes any and all such persons that are defined as a PARTICIPANT and/or PATIENT.

H. The terms INSTRUCT and INSTRUCTION refer to the direction, instruction and education of PATIENTS in the skills of equine interaction and other EQUINE ACTIVITIES.

I. The term PREMISES refers to the property known as Xenophon Therapeutic Riding Center, located at 60 Don Gabriel Way, Orinda, California and all natural conditions and improvements thereon, including but not limited to arenas, barns, stalls, pastures, paddocks, fences, tacking areas, feed and tack rooms, permanent / moveable jumps and obstacles, walkways, paths, trails, seating areas, parking areas and unimproved lands.

J. The plural of each term defined herein shall have the same meaning as the singular. To the extent that each term defined herein is used in this Contract, the singular shall be read as the plural and the plural shall be read as the singular, as appropriate given the circumstances.

2. CONSIDERATION FOR THIS CONTRACT:

A. PARTICIPATION: Each signatory hereto hereby agrees that in consideration of CLIENTS:

(1) being permitted upon the PREMISES; and/or

(2) being permitted to be a PARTICIPANT in EQUINE ACTIVITIES and/or EQUINE FACILITATED PSYCHOTHERAPY through the services of PROVIDER;

each signatory, on behalf of himself/herself and each person on whose behalf he/she has executed this Contract, consents to the terms of this Contract and assumes all risks and liabilities set forth herein.

B. ENTRY ON THE PREMISES: CLIENT hereby agrees and represents that in consideration of being permitted upon the PREMISES, for any purpose, including but not limited to picking up or dropping off other persons, observation, the use of facilities or equipment, or being a PARTICIPANT in EQUINE ACTIVITIES, including but not limited to participation in EQUINE ASSISTED THERAPY, he/she has, or immediately upon entry will, inspect such PREMISES. CLIENT acknowledges and stipulates that for purposes of any claim or cause of action arising out of the matters that are the subject of this Contract, he/she will be deemed to have inspected and found the PREMISES acceptable and safe for his/her intended use and the intended use of any person on whose behalf CLIENT has executed this Contract.

C. EQUINE FACILITATED PSYCHOTHERAPY SERVICES: CLIENT hereby retains Karen H. Winter LMFT/CBEIP – Mental Health to provide, through her own services or those of any other PROVIDER identified herein, EQUINE FACILITATED PSYCHOTHERAPY to the persons identified in section 10 of this Contract. CLIENT desires to have flexibility in the nature and quantity of EQUINE FACILITATED PSYCHOTHERAPY provided under this Contract. Accordingly, the signatories hereto shall compensate Karen H. Winter LMFT/CBEIP – Mental Health for said EQUINE FACILITATED PSYCHOTHERAPY on a periodic basis according to a fee schedule that will be published by Karen H. Winter LMFT/CBEIP – Mental Health and revised from time to time. PROVIDER reserves the right to provide EQUINE FACILITATED PSYCHOTHERAPY under this Contract before said compensation has been received, and to waive compensation for any services that may be provided under this Contract, but it is stipulated that any such deviation from the normal payment schedule will not alter the terms of this Contract going forward. At no time shall PROVIDER be obligated to provide any services under this Contract prior to receiving compensation for the same. Signatories are jointly and severally liable for the EQUINE FACILITATED PSYCHOTHERAPY fees incurred pursuant to this Contract.

D. ASSUMPTION OF THE RISK: It is stipulated that CLIENT enters the PREMISES and participates in EQUINE ACTIVITIES and EQUINE FACILITATED PSYCHOTHERAPY at CLIENT’S own risk. In further consideration of being permitted to enter the PREMISES, to participate in EQUINE ACTIVITIES and/or the EQUINE FACILITATED PSYCHOTHERAPY services and benefits to be provided under this Contract, each signatory hereto assumes and accepts all of the risks, terms and conditions described in this Contract (including those described at ¶ 3 of this Contract), on behalf of him/herself, his/her heirs (including all minor children), administrators, estate, assigns and representatives. To the extent that a signatory hereto is executing this Contract in his/her capacity as the parent or legal guardian of a person identified in Section 11 of this Contract, he/she assumes and accepts all of the risks, terms and conditions described in this Contract (including those described at Section 3 of this Contract), on behalf of each said person, and said person’s parents, heirs (including minor children), administrators, estate, assigns and representatives.

E. RELEASE OF LIABILITY and COVENANT NOT TO SUE: In further consideration of being permitted to enter the PREMISES, to participate in EQUINE ACTIVITIES and the EQUINE ASSISTED THERAPY, services and benefits to be provided under this Contract, each signatory hereto on behalf of him/herself, his/her heirs (including all minor children), administrators, estate, assigns and representatives, and to the extent that a signatory hereto is executing this Contract in his/her capacity as the parent or legal guardian of a person identified in Section 11 of this Contract, on behalf of each said person, and said person’s parents, heirs (including minor children), administrators, estate, assigns and representatives fully releases, acquits and discharges PROVIDER, Xenophon Therapeutic Riding Center, OWNERS, their employees and any persons acting on their behalves, and any and all other persons, firms, entities or corporations who are or can ever in any way be liable to the undersigned, of and from all claims, demands, damages, actions and causes of action of every kind and nature (including but not limited to rights of indemnity and contribution) known or unknown, existing, claimed to exist, or which can ever hereafter arise out of or result from or in connection with: the use of the PREMISES; hidden, latent or obvious defects in the PREMISES; hidden, latent or obvious defects in any equipment that may be provided for CLIENT use; the services to be provided by PROVIDER pursuant to this Contract; EQUINE ACTIVITIES; or any of the other the risks, terms and conditions described in this Contract (including those itemized in ¶3 of this Contract), including but not limited to any and all liability for any injuries and damages to persons, HORSES and/or property that may arise from the strict liability, passive negligence or active negligence of PROVIDER and the other parties herein released. This agreement includes a stipulation that none of the releasing parties shall sue a party herein released for any matter that is covered by this release.

Each signatory to this Contract has been fully advised and understands that the injuries and damages that may be sustained and are waived by this Contract are of such a character that the full extent and type of such injuries and damages, if any, are unknown at the date hereof, and may be of an unanticipated character or extent. Nevertheless, each signatory does hereby for himself/herself and each person on whose behalf he/she has executed this Contract forever and fully release and discharge the parties herein released and discharged, and understands that by the execution of this instrument no further claims may ever be asserted by the releasing parties, or on their behalves. The undersigned agree as a further consideration that provisions of Section 1542 of the Civil Code of the State of California are hereby expressly waived, and the signatories hereto understand that said Section provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

F. INDEMNITY AGREEMENT:In consideration of CLIENTS being permitted to enter the PREMISES, to participate in EQUINE ACTIVITIES, and the EQUINE ASSISTED THERAPY, services and benefits to be provided under this Contract, each adult signatory to this Contract hereby agrees to indemnify, provide a legal defense to, and hold PROVIDER, Xenophon Therapeutic Riding Center, OWNERS, their employees and any persons acting on their behalves harmless from any damages, losses, injuries, demands, claims, settlements or judgments caused by or arising from the negligent, reckless, and/or intentional acts or omissions of said signatory or a person on whose behalf said signatory has executed this Contract as a parent or legal guardian, or a person or animal that has been brought onto the PREMISES or into the proximity of PROVIDER or PROVIDER’S CLIENTS by said signatory or a person on whose behalf said signatory has executed this Contract as a parent or legal guardian.

3. RISKS ASSUMED: 

The risks assumed by execution of this Contract include, but are not limited to, the risks associated with: (1) EQUINE ACTIVITIES including EQUINE ASSISTED THERAPY; (2) the failure of any equipment and tack PROVIDER may provide for the purpose of EQUINE FACILITATED PSYCHOTHERAPY (including failures resulting from hidden, latent and patent/obvious defects in the equipment and tack); (3) the acts or omissions of HORSES, animals and/or persons, regardless of whether they are in the control of or under the INSTRUCTION of PROVIDER; (4) acts of nature; and the (5) conditions of the PREMISES and improvements thereon. The risks acknowledged and assumed by execution of this Contract specifically include, but are not limited to:

A. HORSES ARE INHERENTLY DANGEROUS: PROVIDER will provide HORSES for use in EQUINE FACILITATED PSYCHOTHERAPY and in doing so will select HORSES PROVIDER believes have the appropriate temperament and training. However EQUINE ACTIVITIES are a vigorous, rugged, adventurous, recreational sporting activity that at all times, and despite all safety precautions, involves many obvious and non-obvious inherent risks. No HORSE is completely safe; no amount of training can make a HORSE completely safe; and no amount of care, caution, INSTRUCTION or expertise can ensure that a CLIENT will not be injured while engaging in EQUINE ACTIVITIES including EQUINE ASSISTED THERAPY. A HORSE is a very large, fast and athletic animal that must at all times be presumed to be unpredictable and potentially dangerous, and a PARTICIPANT must at all times be presumed to be at risk of harm from a HORSE. Even an unprovoked HORSE can stumble, trip or fall, injuring itself, its rider/handler, bystanders, or another PARTICIPANT, and/or another HORSE. HORSES can and do cause damage to property, injury to animals and people, and injury to themselves. This occurs when HORSES are handled with reasonable care by both inexperienced and expert horsemen.

B. A FRIGHTENED HORSE: If a HORSE is startled, frightened, injured or provoked, it may divert from its training and act according to it’s natural survival instincts that include, but are not limited to: stopping short; tripping, falling, stumbling, changing direction and/or speed at will; shifting/throwing it’s weight from side to side; bucking; rearing; biting; kicking at or running from the perceived danger, or pulling back from the person holding the lead line or the object to which the HORSE is tied. The stimuli that will startle, frighten or provoke a given HORSE may vary from day to day or even from moment to moment. No person can reliably predict the stimuli that will startle, frighten or provoke a HORSE.

C. INJURIES CAUSED BY A HORSE: Although it is not anticipated mounting or riding a HORSE will occur under this Contract, if a rider falls or is thrown from a HORSE to the ground it will generally be at a distance of at least 3½ to 5½ feet in the event of a fall, a greater distance if the rider is thrown, and can be at a high rate of speed. In the event a person falls from or is dragged by a HORSE, or a horse falls/lands in whole or in part on a person, steps on, kicks, bites, runs into or bumps a person, the person may sustain SERIOUS, PERMANENT PHYSICAL OR MENTAL INJURIES, INCLUDING PERMANENT DISABILITY, PARALYSIS, BRAIN DAMAGE or even DEATH. Those injuries may result in the need for extended medical care or treatment, long term personal care, and/or hospitalization.

D. CONDITIONS OF NATURE and PROPERTY: PROVIDER does not own or have exclusive rights to the PREMISES at which they provide services, is unable to control and is not responsible for the condition of those premises or the activities that take place thereon. PROVIDER cannot control and is not responsible for total or partial acts, occurrences or elements of nature or for animals that can startle or frighten a HORSE. Some examples include: thunder, lightening, wind, rain, falling trees, wild and domestic animals, insects, birds, and temperature.

4. ADDITIONAL TERMS AND CONDITIONS: In further consideration for the services and benefits to be provided under this Contract:

A. PROTECTIVE HEADGEAR, FOOTWEAR and BODY WEAR: Protective helmets are available and recommended by PROVIDER for all persons participating in an EQUINE ACTIVITY. Although mounting or riding a HORSE is not anticipated under this Contract, at all times while mounted on a HORSE all PATIENTS must wear helmets that meet the current ASTM and SEI standards. Protective footwear specifically designed for EQUINE ACTIVITIES, with appropriate heels, hard soles and reinforced toes are available and recommended by PROVIDER. Protective body wear, such as cross-country vests designed to protect the torso in the event of a fall or impact, is also available and recommended by PROVIDER. PATIENTS are exclusively responsible for providing their own protective headgear, footwear and body wear. PROVIDER reserves the right to refuse services to any person who is not wearing protective headgear, footwear and/or body wear, but PROVIDER bears no responsibility, in whole or in part, for any injuries or damages that arise out of or have been contribute to by CLIENT’S failure to wear such gear while engaged in EQUINE ACTIVITIES under this Contract. Although they assume no duty to do so, PROVIDER may provide protective helmets to PATIENTS who have failed to provide their own, however it is understood that the equipment may not be a perfect fit for the PATIENT; the signatories to this Contract and the PATIENTS assume the risk and responsibility of deciding whether to use the helmet and securing/fitting the equipment on the PATIENT.

B. RULES OF THE PREMISES:CLIENT hereby agrees and represents that in consideration of being permitted upon the PREMISES, for any purpose, he/she has, or immediately upon entry will execute the Xenophon Therapeutic Riding Center’s Rider Release of Liability and the 2025 Xenophon Therapeutic Riding Center Authorization for Medical Release, and will review any and all rules which are posted or available by request and will comply with all rules and posted signs. CLIENT acknowledges and stipulates that for purposes of any claim or cause of action arising out of the matters that are the subject of this Contract, he/she, and any person on whose behalf CLIENT has executed this Contract, will be deemed to have read and agreed to comply with the Xenophon Therapeutic Riding Center Rider Release of Liability, currently posted rules and signs.

C. PRIVATE PROPERTY: CLIENTS are responsible for insuring their own equipment and other personal items. PROVIDER does not insure the possessions of others.

5. ATTORNEYS FEES and COSTS: In any claim or lawsuit arising out of the matters covered by this Contract or the alleged breach of this Contract, each prevailing party shall be entitled to recover from the non-prevailing parties his/her reasonable attorneys fees and costs incurred in the prosecution or defense of the matter.

6. CHOICE OF LAW: The laws of the State of California shall apply to any dispute arising out of matters that are the subject matter of this Contract or any dispute to enforce the terms of this Contract, and shall control the interpretation of this Contract. To the extent that any provision of this Contract (or portion thereof) may be rendered void or found to be unenforceable, the provision and any remaining provisions shall survive to the extent that the intent of the parties with regard to each have not been materially altered by the exclusion of the void / unenforceable terms.

7. VENUE and JURISDICTION: Any legal action or proceeding arising out of the activities and matters that are the subject of this Contract, or the alleged breach of this Contract, shall be brought in a court of the State of California, in the County of Contra Costa. All parties to this Contract hereby stipulate that said courts exercise personal jurisdiction over them for purposes of an action arising out of the activities and matters that are the subject of this Contract, or the alleged breach of this Contract, and that said venue is convenient.

8. COMPLETE AGREEMENT: This Contract constitutes and memorializes the entire agreement between the parties as to the matters provided for herein, and may only be modified by a subsequent written agreement. The parties bound by this Contract agree that no representations, statements or inducements, other than those expressly provided for herein, are relied upon in entering into this Contract.

9. COUNTERPART: This Contract may be executed in counterpart, and each copy shall be treated and may be used as if it were an original for any purpose allowed by the laws that apply to this Contract. However, all copies together shall constitute but one Contract.

10. PATIENT: The following individual will be receiving Equine Assisted Therapy:

Today's Date: March 7, 2026


First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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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