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CRUZAN COWGIRLS

HORSEBACK RIDING TOURS

LIABILITY WAIVER

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOU UNDERSTAND BOTH SECTION 1 AND SECTION 2 AND AGREE ON ALL TERMS SET FORHT IN THIS DOCUMENT IN IT'S ENTIRETY. BY SIGNING THIS AGREEMENT, YOU AND/OR YOUR CHILD 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 CRUZAN COWGIRLS HORSEBACK RIDING TOURS, IT’S OWNER, SPONSORS, EMPLOYEES, AND/OR AGENTS (“THE RELEASEES”).

SECTION 1

CRUZAN COWGIRLS HORSEBACK RIDING TOURS

I, the below-named participate, and guardian/parent, if applicable, in consideration of the services of CRUZAN COWGIRLS HORSEBACK RIDING TOURS, the rate charged for those services, or the worth of them as freely given, and the right to engage in the activities as a participant, hereby acknowledge, agree, promise, and covenant with CRUZAN COWGIRLS HORSEBACK RIDING TOURS, and all persons, entities, employees, and agents, and on behalf of myself (and/or my minor/child), personal representatives, heirs, next-of-kin, assigns, and spouses through this agreement (“Agreement”), I HEREBY CERTIFY THAT:

1.     ACKNOWELDGEMENT OF RISK. I acknowledge, agree, and represent that the riding activities (“Activities”) I am about to engage in voluntarily bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to my myself, my property, or other third parties or their property, or the property of CRUZAN COWGIRLS HORSEBACK RIDING TOURS. I further acknowledge that I understand the nature of riding and related Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activities, and willingly agree to comply with the stated customary terms and conditions of participation.

I further acknowledge that a horse or mule may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements – which I understand relate to the inability to predict an equine’s reaction to sound, movements, objects, persons, or animals – spook, jump obstacles, step on a person’s feet, collide with another equine or object, push or shove a person, all of which may cause the rider to fall or be jolted, resulting in serious injury or death. I acknowledge the propensity of an equine to behave in dangerous ways that may result in injury to the participant. I further acknowledge the risk of saddles or bridles loosening or breaking, and of hazards of surface or subsurface conditions, all of which may cause the rider to fall or be jolted, resulting in serious injury or death.

 

2. ACCEPTANCE OF RISK AND RESPONSIBILITY. I acknowledge, agree, and represent that horseback riding is an inherently dangerous activity and involves risks that may cause serious injury, and in some cases, death. I understand that horses are unpredictable in nature and may exhibit irrational behavior, regardless of their training and past performance. I voluntarily assume the risk and danger of injury or death inherent in the use of a horse (or mule), including the use of equipment and gear provided by CRUZAN COWGIRLS HORSEBACK RIDING TOURS and their staff.

I fully understand that:

  • (a) riding and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including but not limited to, permanent disability, paralysis, and death to myself and to other third parties;
  • (b) these risks and dangers may be cause by my own actions or inactions, the actions or inactions of others participating in the Activities, and the actions or inactions of the horse or mule, the condition in which the Activities take place, or the negligence of the Releasees named below;
  • (c) there may be other risks and social and economic losses either known or unknown to me, or not readily foreseeable at this time; and I agree, covenant, and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself or property arising out of my participation in the Activities.

In addition I also warrant that I am not currently pregnant and that I have no history of epileptic seizures, heart conditions, mental illness, or any other medical problem(s) that could be affected by horseback riding.

 

3.     RELEASE, DISCHARGE, AND COVENANT. I hereby release, discharge, and covenant to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to other third parties and their property arising from my participation in the Activities, and agree not to sue CRUZAN COWGIRLS HORSEBACK RIDING TOURS, its instructors, employees, agents, owners, sponsors, and contractors (each considered a “Releasee”) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account cause in whole part or in part by the negligence of the Releasees, or otherwise, including, but not limited to, negligent training, negligent selecting of horses, negligent maintenance of equipment, negligent care, fit, or adjustment of saddles or bridles, negligent instruction given, negligent riding skills, leading, or supervising of any rides, and negligent rescue operations. I further agree that if despite this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, or anyone on my behalf, make a claim against anyone of the Releasees, I will indemnify and save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which my incur as a result of such claim. I further understand that and agree to fully reimburse CRUZAN COWGIRLS HORSEBACK RIDING TOURS for any damage cause to the property of CRUZAN COWGIRLS HORSEBACK RIDING TOURS as a result of my participation in the Activities. My participation in the Activities is purely voluntary, no one is forcing me to participate, and I elect to participate despite the risks.

 

4.     ABIDE BY POLICIES. I agree to abide by CRUZAN COWGIRLS HORSEBACK RIDING TOURS’ policies and agree to comply with all instructions in connection with participation in the Activities. I understand and agree that failure to follow such instructions shall be grounds for termination of my privilege to participate in the Activities without reimbursement or cancelation of fees paid or owed. I understand that the use or possession of drugs or alcohol is strictly prohibited before and during the Activities and will be grounds for immediate removal from the Activities without reimbursement of fees paid or owed. I agree that if in the judgment of my instructor and/or guide, he/she must call for assistance during the ride due to my noncompliance with his/her instructions or CRUZAN COWGIRLS HORSEBACK RIDING TOURS’ policies, that I accept responsibility for paying any associated rescue and transportation costs.

 

5. AUTHORIZED PERSON AND USE. I acknowledge that the equipment used and/or rented is for the exclusive use of the Participant under this Agreement. No other person may ride or use the equipment except the Participant. Participants may not carry any other passenger on the horse or mule at any time. No minor, without the express consent of the minor’s parent or guardian and of CRUZAN COWGIRLS HORSEBACK RIDING TOURS’ may participate.

 

6. LOSS/DAMAGES. I agree to pay CRUZAN COWGIRLS HORSEBACK RIDING TOURS for all loss and/or damages to the property of CRUZAN COWGIRLS HORSEBACK RIDING TOURS, regardless of fault. I agree to pay reasonable costs of repair, any diminution in value, or, if applicable, the replacement cost.

 

7. CONSENT OF THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOS TAKEN OF ME. I consent to the use of any photographs, pictures, film, or videos taken of me or provided by me for publicity, promotion, television, website(s), or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same by participating in or attending any Activities connected with CRUZAN COWGIRLS HORSEBACK RIDING TOURS.

 

8. SEVERABILITY. If any portion of this Agreement is unenforceable, the remaining portions shall remain in full force and effect.

 

9. GOVERNING LAW AND JURISDICTION. This agreement shall be deemed to have been entered into and to be performed in the United States of America and shall be construed according to the laws of the United States Virgin Islands, where the Activities occurred, and is intended to be broad and inclusive as is permitted by the Virgin Islands Equine Activity Limitation on Liability Act of 2008. Disputes, if any, rising out of this Agreement shall be brought in the state courts of the United States Virgin Islands.

 

In accordance with 32 V.I.C. § 186(b), I have been made aware of the following relevant United States Virgin Island Codes:

32 V.I.C. § 186(c) provides that:

“WARNING"

Under the Virgin Islands Equine Activity Limitation on Liability Act of 2008, an equine activity sponsor or equine professional is not liable for injury to or the death of a participant in an equine activity resulting from an inherent risk of the equine activity. Equines and equine activities are dangerous and being in the vicinity of an equine or equine activity may expose you to danger and injury.”                          

 

10.  EQUINE EXPERIENCE. I understand that each participant has sole individual responsibility for knowing the range of the participant's own ability to manage, care for, and control a particular horse or perform a particular equine activity, and it is the duty of each participant to act within the limits of the participant's own ability, to maintain reasonable control of the particular horse or horses at all times while participating in an equine activity, to heed all posted warnings, to perform equine activities only in an area or in facilities designated for equine activities, and to refrain from acting in a manner that may cause or contribute to the injury of anyone.I warrant that I am responding to any and all written, texted, emailed or verbal riding experience questions to the best of my knowledge and belief.

11. PAYMENT. If you are paying through PayPal, this waiver also acts as an acknowledgement that ALL payments you have made through PayPal are NON REFUNDABLE except under the following conditions:

A. Cancellation timeframes:

1.If you cancel your tour more then 48 hours in advance you will receive a full refund less $10 per person (plus any applicable convenience fees).

2. If you cancel less than 48 hours in advance of your scheduled tour, you will receive a refund of your payment amount less $50 (plus any applicable convenience fees).

3. If you do not call to cancel your tour and you do not show up for your tour, you will forfeit any and all tour fees and convenience fees that you have paid to PayPal to reserve your tour. There will be NO refund given.

B. You must also message us via TEXT ONLY at 340-690-7433 to cancel and to receive confirmation that you are eligible for a refund and which amount you will be refunded.

C. REFUND POLICY: 

By signing below I agree that all payments made to PayPal are NON-REFUNDABLE except as listed above and I will not later disputed these payments via PayPal customer service or my credit card agency unless Cruzan Cowgirls is in breach of the above refund policy.


My signature below indicates that I have read this Agreement and fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between CRUZAN COWGIRLS HORSEBACK RIDING TOURS, its agents, employees, and myself, and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of CRUZAN COWGIRLS HORSEBACK RIDING TOURS, or by me. All applicants are subject to acceptance by CRUZAN COWGIRLS HORSEBACK RIDING TOURS, upon acceptance of my application.

November 21, 2024




SECTION 2

WILLIAM & PUNCH, LLC

Accident Waiver and Release of Liability

I acknowledge that William & Punch, LLC is the owner of certain undeveloped real property at Estate William and Estate Punch, Frederiksted, St. Croix, U.S. Virgin Islands and that permission has been requested and granted to Cruzan Cowgirls Horseback Riding Tours to enter the land in order to conduct horseback riding tours.

 I acknowledge that engaging any type of physical activity whatsoever on the property carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of the participants, equipment, vehicular traffic, lack of proper hydration and actions of other people. I hereby assume all of the risks of entering onto and traversing all or any portion of the property. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I acknowledge that this Accident Waiver and Release of Liability form is being relied upon and will be used by William & Punch, LLC and that it will govern my actions and responsibilities in the event of any losses or damages to me.

In consideration of the foregoing, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

  • a) waive, release and discharge William & Punch, LLC, its directors, officers, employees, volunteers, representatives, members, affiliates and agents, from and against any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me or my property traveling to and from the property or in undertaking any actions preparatory to or in connection with any activities on the property, and any and all pre-entry and post-entry activities;
  • b) indemnify and hold harmless the entity or persons hereinabove mentioned from any and all liabilities or claims made by other individuals or entities as a result of my or anyone else’s actions during such period.

 This Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I hereby certify that I have read this document and I understand and agree to its terms.

November 21, 2024

TELL US ABOUT YOUR RIDING EXPERIENCE
PLEASE CHOSE YOUR RIDNG EXPERIENCE LEVEL*
THIS WILL BE MY FIRST TIME RIDING A HORSE
I AM A BEGINNER - A beginner rider has ridden a horse at least once before, is able to use basic riding aids with guidance, ride at the walk, may be able to ride at the trot, and can mount and dismount a horse with assistance.
I AM AN INTERMEDIATE RIDER - An intermediate rider can mount dismount a horse unassisted, use basic riding aids, ride at the trot for at least 10 minutes at a time, change and control the pace of a horse from a walk to a trot and comfortably canter over short distances. An intermediate rider typically has a minimum of 50 hours of riding experience and may have taken formal riding lessons.
I AM AN ADVANCED RIDER - An advanced rider can mount and dismount a horse unassisted, has mastery of riding aids, has mastery of the walk, trot, and canter for extended periods, rides regularly, is able to control the horse at speed and change direction of their horse at any pace and in any circumstance as needed. An advanced rider typically has ridden regularly for years including formal riding lessons, may own or lease their own horse(s), and may have ridden competitively.
TELL US ABOUT YOUR RESERVATION

WHAT DATE IS YOUR RIDE *
WHAT TIME IS YOUR RIDE*

Please Enter Your Reservation Code *

HOW MANY PEOPLE ARE ON YOUR GROUP *
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 and Guardians Email Address

Email*

Confirm Email*
CHECK TO RECEIVE UPDATES ABOUT OUR TOURS
First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Acknowlegement

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
First Participant's Signature*
Second Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Third Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Fourth Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Fifth Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Sixth Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Seventh Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Eighth Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Ninth Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Tenth Participant's Name

First Name*

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

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
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 and Guardians Name

First Name*

Last Name*

Relationship*

Phone*
Parent and Guardians Date of Birth*
Parent and Guardians Acknowlegement

By signing below, I affirm that I agree with all the terms and conditions as set forth in this document in its entirety. I also fully affirm that I, and any children I am signing for, are/am physically, mentally and emotionally capable to ride a horse. I. and any child I am signing for, do possess the skills and competency required to ride a horse. I also am fully aware that I, and any child I am signing for, am/are riding at my own risk and will not hold Cruzan Cowgirls Horseback Riding tours nor the owners of the land we ride on for any form of injury or accident that may result from my riding a horse or traversing the properties we will be riding on.


Todays Date *
Parent and Guardians 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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