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This Release of Liability is made an entered into this _____ day of ______________, 19_____. By and between ____________________________________________, hereafter designated "Manager", and ________________________________ hereafter designated "Rider", and if Rider is a minor, Rider's parent or guardian, _______________________ __________________________. In return for the use, today and all future dates of the property, facilities and services of the Manager, the Rider hereby expressly agrees to the following: 1. It is the responsibility of the Rider to carry full and complete insurance coverage of his/her horse, personal property and him/herself. 2. Rider agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM RIDER'S USE OF OR PRESENCE UPON MANAGER'S PROPERTY AND FACILITIES including, without limitation but not limited to, the risks or death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire or explosions, the unavailability of emergency medical care, or the negligence or deliberate act of another person. 3. Rider agrees to hold Manager completely harmless and not liable and releases them from all liability whatsoever and agrees not to sue them in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of Rider's use of or presence upon Manager's property and facilities, including without limitation, those based on death, bodily injury, property damage, including consequential damage, except if the damages are caused by the direct, willful and wanton negligence of the Manager. 4. ___________(Need State Code/Statute here/and re-write to state's requirements). Equine activity liability limitations. (1) An equine activity sponsor or equine professional is not liable for an injury to or the death of a participant engaged in an equine activity, unless the sponsor or professional: (a) (i) provided the equipment or tack; and (ii) the equipment or tack caused the injury; (b) (i) provided the equine; and (ii) failed to make reasonable and prudent efforts to determine whether: (A) the participant could engage safely in the equine activity and safely manage the particular equine; or (B) the equine could behave safely with the participant; (c) owns, leases, rents, or is in legal possession and control of land or facilities upon which the participant sustained injuries because of a dangerous condition which was known to or should have been known to the sponsor or professional and for which warning signs have not been conspicuously posted; (d) (i) commits an act or omission that constitutes negligence, gross negligence, or willful or wanton disregard for the safety of the participant; and (ii) that act or omission causes the injury; or (e) intentionally injures or causes the injury to the participant. 5. Rider agrees to abide by all of Manager's rules and regulations. 6. This contract is non-assignable and non-transferable and is made and entered into the State of _____________, and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with state law, then that clause is null and void. When the Manager and Rider or Rider's parent or guardian sign this contract, it will then be binding on both parties, subject to the above terms and conditions. Rider________________________________Date_________________________ Manager_____________________________Date_________________________ |