RISING STAR RANCH WINDY MANE PARTNERS LLC RELEASE AND ASSUMPTION AGREEMENT This LIABILITY RELEASE AND EXPRESS ASSUMPTI by xpz21332

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									RISING STAR RANCH                                           WINDY MANE PARTNERS, LLC.



                        RELEASE AND ASSUMPTION AGREEMENT

    This LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK is made and entered
    into on this ___________ day of _____________, 2011, by and between RISING STAR
    RANCH and/or WINDY MANE PARTNERS, LLC., DONNA PERUSSE, KIM KENDRICK
    any and all INSTRUCTORS (Full and Part-time) (collectively, “Equine Professionals”),
    OWNER of horse(s), EMPLOYEES and/or WORKING STUDENTS 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 RISING
    STAR RANCH, 14500 Old Denton County Rd, Roanoke, Texas 76262 (“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.    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.

          2.     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.

          3.     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 examples
          specified in Section 2, the unavailability of emergency medical care, and/or the
          negligence and/or deliberate act of another person.

          4.     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,
          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.

5.     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.

6.      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.

7.     This contract is non-assignable and non-transferable and is made and
entered into the State of Texas, and shall be enforced and interpreted under the
laws of this state.

8.    Participant or Guardian, as the case may be, understands that:
                                    WARNING
UNDER TEXAS STATE LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES
CODE), 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.

9.     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).

10.   ___________________________________              (Participant)   agrees/has
permission to participate in Equine lesson/training program. I have read and fully
understand the terms of participation in this program.



11.   I execute this Release and Assumption Agreement with the full
understanding that Equine activities are dangerous and injuries can occur and with



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full knowledge that horses are unpredictable and dangerous animals and accidents
can and do occur during their handling and riding.




X________________________________________ ______________               Equine
Professional’s Signature              Date

X_______________________________________           _______________ Participant’s
or Participant’s                Date
Parent/Guardian Signature

_____________________________________________________
Participant’s Name (Printed)

_____________________________________________________

_____________________________________________________
Address

_____________________________________________________
Home phone

_____________________________________________________
Cell phone

_____________________________________________________
E-mail Address

_____________________________________________________

_____________________________________________________

_____________________________________________________              Emergency
Contact Information




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