READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOU UNDERSTAND IT AND AGREE ON ITS TERMS. YOU ARE ACKNOWLEDGING THAT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF CADENCE HORSEMANSHIP, LLC (herein after Cadence Horsemanship), ITS OWNER, EMPLOYEE(S) AND AGENTS ("THE RELEASEES") AND/OR LYNN WINTERICH, SWAYEDRINO INVESTMENTS, LLC AND/OR WILLARD & DORIS EITEL, AND/OR TYLER MILANESE, EQUINE FACILITY OWNERS (“FACILITY”).
In consideration for allowing me (and/or my minor child) to partake in Equine Activities on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns, I HEREBY:
1. Acknowledge awareness of the inherent risks associated with Equine Activities and am willing and able to accept full responsibility for my and my child's own safety and welfare.
2. Acknowledge that a horse, pony, mule, donkey or ass may, without warning or, any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person's feet, push or shove a person, saddles or bridles may loosen or break - all of which may cause the rider to fall or be jolted, resulting in serious injury or death.
3. ACKNOWLEDGE THAT EQUINE ACTIVITIES ARE INHERENTLY DANGEROUS INVOLVING RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH TO RIDER, HORSE, SPECTATORS, TRAINERS AND OTHERS, because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance.
4. Voluntarily assume the risk and danger of injury or death in inherent in Equine Activities at Cadence Horsemanship and the Facility.
5. Voluntarily assume the risk and danger of injury or death inherent in the use of the horse, equipment and gear provided to me by equine professionals or Cadence Horsemanship.
6. RELEASE, and DISCHARGE Cadence Horsemanship, doing business under its own name or any other name and/or any of its owners, officers, employees and agents (hereinafter the "Releasees"), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person, my child, my horse(s), the horse(s) of my child or property. As provided by A.R.S. Section 12-553, the Releasees are not intended to include an equine owner or equine owner’s agent who is grossly negligent, or commits willful, wanton or intentional acts or omissions in connection with an accident involving horse and rider or handler.
7. RELEASE, and DISCHARGE Lynn Winterich, equine facility owner at 8546 W. Mariposa Grande, Peoria, AZ 85383, under their own name or any other name, their employees, agents, successor and assigns (hereinafter the "Facility"), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person, my child, my horse(s), the horse(s) of my child or property. As provided by A.R.S. Section 12-553, an owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine with or without the owner’s permission is not liable for injury to or death of the equine or the rider or handler.
RELEASE, and DISCHARGE SwayedRino Investments, LLC and/or Willard & Doris Eitel, and/or Tyler Milanese, equine facility owner at 8402 W. Daley Lane, Peoria, AZ 85383, under their own name or any other name, their employees, agents, successor and assigns (hereinafter the "Facility"), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person, my child, my horse(s), the horse(s) of my child or property. As provided by A.R.S. Section 12-553, an owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine with or without the owner’s permission is not liable for injury to or death of the equine or the rider or handler.
8. Release the Releasees and Facility from any claim that such Releasees and Facility are or may be negligent in connection with my or my child’s experience, knowledge or ability including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction or riding skills, leading and supervising riders or condition/maintenance of Facility .
9. INDEMNIFY, DEFEND AND SAVE AND HOLD HARMLESS Cadence Horsemanship and its employees and agents and Facility from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with Equine Activities or my or my child’s use of the horse and any equipment of gear provided therewith or any acts or omissions of Equine Professionals, or other employees or agents.
10. The Undersigned expressly agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement is governed by the State of Arizona and is intended to be as broad and inclusive as is permitted by Arizona Law, and that, in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
11. Acknowledge that this document is a contract and agree that if a lawsuit is filed against Cadence Horsemanship, or its owner, agents, employees, and/or Facility for any injury or damage in breach of this contract, the Undersigned will pay all attorneys’ fees, expert fees and costs incurred by the Releasees and Facility in defending such an action.
12. State that I am not now pregnant and that I have no history of epileptic seizures, heart condition or any other medical problem that could be affected by Equine Activities including horseback riding.
13. Acknowledge I agree to abide by Cadence Horsemanship Rules and Regulations, including but not limited to, the requirement that ALL RIDERS UNDER THE AGE OF 18 WEAR SEI/ASTM APPROVED PROTECTIVE HELMETS WHILE MOUNTED.
14. Agree that if the person who is to enter into this Agreement is under eighteen (18) years of age, his/her parent or guardian must also read this Agreement and sign below on the behalf of the minor.
15. Event Registration Release: Agree that Kristin Corredor has my permission to authorize my minor child’s participation in an equestrian event and sign his/her registration/entry form in my absence. I understand that this release and Kristin’s signature on the event registration/entry form releases the hosting club/facility from all liability as if I had signed the registration/entry form myself.
16. PHOTO/VIDEO RELEASE: Grant and authorize Cadence Horsemanship the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me and/or my minor child, to be used in and/or for promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing. I understand and agree that these materials shall become the property of Cadence Horsemanship and will not be returned.
17. Agree that if a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation. If the dispute cannot be settled through negotiation or mediation, the Parties agree to submit the dispute to arbitration before a mutually agreed upon arbitrator qualified to practice law in the State of Arizona. The parties agree that any decision rendered by the arbitrator is binding, non-appealable and may be entered in and enforced by the Maricopa County Superior Court.
18. Agree that this Agreement is governed by the laws of the State of Arizona. Agree that Maricopa County, Arizona is the proper jurisdiction and venue for resolution of any dispute with the said document.
Unless defined in this Release or A.R.S. Section 12-553, all terms are subject to their regular and ordinary meaning. For purposes of this Release:
1. The term Equine Activity includes without limitation (i) any show, competition, event, hunt, exhibition, or performance of any kind, for all disciplines and any breed; (ii) any training and teaching activities; (iii) boarding and grooming; (iv) inspection, sale and marketing of equines; (v) care and treatment of equines; (v) breeding (vi) insemination, breeding, and foaling; and (vii) rides, trips and any other equine activity of any type scheduled or impromptu or for profit or pleasure.
2. The term Equine Professional includes any person, including any person who, for compensation (i) engages in instructing any participant in any Equine Activity; renting a participant in an Equine Activity; and (ii) rents an equine or equipment or tack for any Equine Activity.
3. Cadence Horsemanship includes Cadence Horsemanship, LLC and the premises upon which Cadence Horsemanship operates for Equine Activities, including the premises owned by Facility.
I have read and understand this document. I understand it is a promise not to sue and is a release of Cadence Horsemanship, its owners, employees, agents and Facility for all claims. I have made a free and deliberate choice to sign this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement as a condition to Releasees and Facility allowing me or my child to partake in Equine Activities. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of participating in Equine Activities.