WAIVER AND RELEASE OF NEGLIGENCE CLAIMS AND AGREEMENT TO INDEMNIFY I understand and acknowledge that all aspects of equine activity (defined under WI Stat. 895481(1)(b) on this form) are inherently dangerous and may result in property damage, injury or death to horse, rider and/or spectator. I understand that the dangers of participating in equine activities include, but are not limited to the following: 1. 2. 3. 4. 5. The propensity of a horse to behave in a way that could injure or kill persons on or near it. The unpredictability of a horse's reaction to a sound, movement, or unfamiliar, object, person or animal. A collision with another person or animal. The potential for a person participating in an equine activity to act negligently to fail to control a horse or to fail to act within his or her ability. Natural hazards, including surface and subsurface conditions.
I understand this is not an exhaustive list of the dangers and risks in participating in equine activities. Nonetheless, knowing and appreciating these dangers and risks, I desire for myself and/or my child/legal ward to participate in equine activities at the stable operated by Double A Ranch, LLC. I agree to obey the directions and rules set forth by Double A Ranch, LLC. I am aware that Double A Ranch, LLC strongly encourages all riders to wear safety helmets at all times when mounted on horses for their protection and safety. If I ride without a helmet, I understand that I do so at my own risk. Furthermore, I have made an inspection of the facilities, equipment and horse(s). I rely upon my own inspection and my own skill, judgment and ability, and I understand that Double A Ranch, LLC makes no warranty or guarantee of any nature with respect to the condition of the horse(s), equipm ent or the riding facility. Waiver and Release of Negligence Claims In consideration for the privilege of participating in equine activities on the property of Double A Ranch, LLC, I release Double A Ranch and their employees or agents ("Releases") from any liability or responsibility for any accident or injury to me, members of my family or my guests during or in connection with any equine activities I engage in on the property of Releases. I agree that I will never sue Releases for property damage, personal injury, or death arising out of the equine activities, whether such claim arises from the condition or actions of the horse, equipment, or riding facility at which the equine activities are conducted. I understand that I am releasing Releases from liability for their own negligence, and that this release shall not apply to liability arising from the intentional or reckless acts of Releases.
Agreement to Indemnify I hereby indemnify Releases as a result of any accident, casualty or event that m ay result from the negligence of my family members, my guests, or me. I understand that if my family members, guests, or I am negligent or alleged to have been negligent, and because of this negligence Releases are sued, I will be responsible for any costs, attorneys' fees or damages incurred by Releases. I further agree that this Waiver and Release of Negligence Claims and Agreement to Indemnify contains the entire agreement between the parties, and that the terms of this Waiver and Release of Negligence Claims and Agreement to Indemnify are contractual and not a mere recital. I HAVE READ THIS RELEASE OF NEGLIGENCE CLAIMS AND AGREEMENT TO INDEMNIFY, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I UNDERSTAND THAT THIS RELEASE WILL REMAIN IN EFFECT UNLESS REVOKED IN WRITING. Rider/Legal Guardian if under 18: __________________________________________ Signature _________________________________ Print Name of Rider _________________________________ Telephone _______________________________ Date
__________________________________________ Address __________________________________________ City, State
895.481
(1)
Civil liability exemption; equine activities In this section: (a) "Equine" means donkey, horse, mule, or pony. (b) "Equine activity" means any of the following: 1. Shows, fairs, competitions, performances or parades that involve any breeds of equines and any equine disciplines, including driving, trail riding, English or Western performance riding, and western games. 2. Equine training or teaching. 3. Boarding of equines. 4. Riding, inspecting or evaluating an equine belonging to another, regardless of whether the owner of the equine receives monetary or other consideration for the use of the equine or permits the riding, inspection or evaluation of the equine. 5. Riding, training or driving an equine or being a passenger on an equine. 6. Riding, training or driving a vehicle pulled by an equine or being a passenger on a vehicle pulled by an equine. 7. Assisting in the medical treatment of an equine 8. Shoeing an equine. 9. Assisting a person participating in an activity listed in subdivisions 1. to 8.