RELEASE AND ASSUMPTION AGREEMENT
This LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK is made and entered into on this ___________ day of ____________________, 2007, by and between FOREST GROVE STABLES (“Stable”), KIMBERLY ANN RUPP, any and all INSTRUCTORS (Full and Part-time, and contractors) (collectively, “Equine Professionals”), OWNER of horse(s) used in any activities (“Horse-owner”), and__________________________________________, (“Participant”) and, if Participant is a minor, Participant’s parent or guardian, ________________________________ (“Guardian”). In consideration of the use of property and facilities located at Forest Grove Stables, 18705 Forestgrove Road, Leesburg, VA 20175 (“Premises”), services of Equine Professionals, and use of the horse(s) belonging to Horse-owner, the Participant, his/her heirs, assigns and legal representatives, hereby expressly agree to the following: 1. AGREEMENT SCOPE AND TERRITORY AND DEFINITIONS -This agreement shall be legally binding upon me the registered rider, and the parents or legal guardians thereof if a minor, my heirs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of the state and county of FOREST GROVE STABLES. Any dispute by the rider shall be litigated in and venue shall be the county in which FOREST GROVE STABLES is physically located. The term 'HORSE' herein shall refer to all equine species. The term 'HORSEBACK RIDING' herein shall refer to riding or otherwise handling of horses, ponies, mules, or donkeys, whether from the ground or mounted. The term 'RIDER' shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The terms 'I', 'ME' 'MY' shall herein refer to the above registered rider and the parents or legal guardians thereof if a minor. 2. Participant or Guardian, as the case may be, is responsible for full and complete insurance coverage of all types on his/her horse, personal property and himself/herself. ACCIDENT/MEDICAL INSURANCE- I AGREE THAT: Should emergency medical treatment be required, I and/or my own accident/medical insurance company shall pay for ALL such incurred expenses. My accident/medical insurance company is______________________. 3A. Participant or Guardian, as the case may be, understands that there are INHERENT RISKS in and around equine activities, including but not limited to the propensity of an equine to behave in ways that may result in injury, harm or death of persons, e.g., including but not limited to bucking, biting, kicking, rearing, shying, spooking, falling, as well as the unpredictability of an equine’s reactions to such things as medications, sounds, sudden movements, unfamiliar objects, persons, other animals, surface and subsurface ground conditions, collisions with other equines or objects, another participant not maintaining control over the equine or not acting within the participant’s ability, and/or acting in a negligent manner. 3B. FOREST GROVE STABLES follows a rigid safety program. Yet, no horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be at a distance of from 3 1/2 to 5 1/2 feet, and the impact may result in injury to the rider. Horseback riding is the only sport where one much smaller, weaker predator animal (human) tries to impose its will on another much larger, stronger prey animal with a mind of his own (horse) and each has a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: Stopping
short; Changing directions or speed at will; Shifting its weight; Bucking, Rearing, Kicking, Biting, or Running from danger. 4. PARTICIPANT OR GUARDIAN, AS THE CASE MAY BE, EXPRESSLY ASSUMES RESPONSIBILITY FOR ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANT’S USE OF OR PRESENCE UPON PREMISES, including but not limited to: the risks of death, bodily injury and property damage that may be caused by but not limited to the following: falls, kicks, bites, collisions with vehicles, horses or other stationary objects, fire or explosion, the unavailability of emergency medical care, and/or the negligence and/or deliberate act of another person. 5. Furthermore, __________________________________ (Guardian, or Participant if not a minor), on behalf of myself or my minor child, the case may be, and on behalf of any other person claiming through me or on my behalf or, as the case may be, through or on behalf of my minor child, agrees to forever and unconditionally release, acquit, and discharge Stable and Equine Professionals/Forest Grove Stables, and all of its/their successors, assigns, interns, employees, subcontractors, affiliates, officers, and Directors, and Horse-owner from all claims, demands, actions, causes of action and damages which have arisen or which might hereafter arise regardless of type, cause, other than gross negligence, or nature arising from or in any manner related to my, or as the case may be, my minor child’s use of or presence upon the Premises for any reason whatsoever. 6. Participant or Guardian, as the case may be, agrees to indemnify, defend, save, and hold Stable, Equine Professionals, and Horse-owner free, clear, and harmless from and against any and all liability, loss, damages, costs, expenses, including attorneys’ fees, judgments, claims, liens, and demands of any kind whatsoever in connection with, arising out of, or by reason or in any way connected with Participant’s use of or presence upon the Premises or connected with or arising out of this Agreement, or arising from any accident, injury, or damage, howsoever and by whomsoever caused, to any person or property whatsoever, occurring in, upon, about, or in any way connected with the Premises or any portion thereof other than as a direct result of the gross negligence of Stable or Equine Professional. This indemnification clause shall survive expiration or sooner termination of this Agreement with respect to indemnification obligations arising prior to such expiration or termination. 7. Participant or Guardian, as the case may be, agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release. 8. This contract is non-assignable and non-transferable and is made and entered into the State of Virginia, and shall be enforced and interpreted under the laws of this state. 9. Participant or Guardian, as the case may be, understands that: UNDER VIRGINIA STATE LAW AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. 10. Participant agrees to abide by all of Equine Professional s rules and regulations, and ’ Participant is responsible for using protective gear; (hard hats and boots). I further understand that I can be held responsible for injury to Forest Grove Stables horses, damages to this stable's
premises and/or, equipment, owned by others and injuries to other riders or pedestrians, which I may cause if I do not act in a sensible and responsible manner. 11. CONDITIONS OF NATURE-I UNDERSTAND THAT: THIS STABLE is NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: Thunder, lightning, rain, wind, water, wild and domestic animals, insects, reptiles, which may walk , run, or fly near, or bite or sting a horse or person; and irregular looting on out-of-door groomed or wild land which is subject to constant change In condition according to weather, temperature, and natural and man-made changes in landscape. 12. __ _________________ (Participant) agrees/has permission to participate in FOREST GROVE STABLES’ Equine lesson/training program. I have read and fully understand the terms of participation in this program. 13. I execute this Release and Assumption Agreement with the full understanding that Equine activities are dangerous and that injuries can occur and with full knowledge that horses are unpredictable and dangerous animals and that accidents can and do occur during their handling and riding. Furthermore, I, the undersigned, being of sound mind and not under the influence or alcohol, drugs or other intoxicants, have read and understand the foregoing release. 14. I hereby authorize Forest Grove Stables to use any and all photographs (without names or personal info) to be utilized for website use as well as for advertising/ promotional purposes. X________________________________________ _____________________ Equine Professional s Signature ’ Date X________________________________________ _____________________ Participant’s Signature Date X________________________________________ _____________________ Participant’s Date Parent/Guardian Signature _____________________________________________________ Participant’s Name (Printed) _____________________________________________________ Address _____________________________________________________ Home phone _____________________________________________________ Cell phone _____________________________________________________ E-mail Address
__________________________________________________________________ Emergency Contact Information
Lesson Tuition & Cancellation Policy: If you will NOT be attending your lesson it must be confirmed by email, or by phone by 12:00 noon NLT Tuesday , or we cannot hold your regular lesson slot nor will a makeup be offered. Considerations need to be made for our lesson horses regarding how often they are used weekly, and avail. of YOUR instructor. If you do not contact me via email or phone it is assumed you have agreed to commit to the lesson fee for that week. In inclement weather ALWAYS assume that we will be riding/teaching , unless you have been contacted via email or phone by me personally. PAYMENT: Payment for your lesson is due on the first of each month (in person or mailed) …this includes sickness, vacation, no-shows, and/or cancellations. There is a $5 per day late fee after the first of the month. If you miss a lesson, a make-up lesson will need to be scheduled. EXAMPLE: Susie gets the flu, or Tommy is going on Summer Vacation with the family…payment is still due…we will provide a make-up lesson for the student. Our policy is that students are required to take one lesson per week unless prior arrangements have been made with me. Since we are training children they need to ride at least once a week for retention and continuity. Otherwise, it is similar to riding the “first” time “every” time. If you contact me the day of the lesson, or there is a no show there will be a $25 fee and no make up will be offered. If you miss two lessons, two weeks in a row at your regular scheduled slot, the lesson slot will be permanently forfeited unless prior arrangements have been made with me personally. If your lesson is prepaid, any rescheduled lesson must be made up within 14 days or the lesson credit expires. Make-up lessons are not guaranteed, but subject to availability.
Note: Tuition is non-refundable for any reason.