RELEASE OF LIABILITY, PLEASE READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS:
The undersigned has been advised that horses & mules can be unpredictable and that there is a risk of serious injury or death involved in riding in a wagon. The undersigned agrees to assume all such dangers when using Signature D’s wagon. Also the undersigned, along with family, estate, heirs, or assigns agrees to release/hold harmless Signature D, its agents, barn owners, land owners & employees, from and against any claim, action, damage, expense, loss, or liability paid, suffered, or incurred whether or not foreseen, as a result of using Signature D equines, land owners, barn owners & equipment and as a result of Signature D’s, barn owners’, land owners’ negligence or carelessness. In consideration of the above, the undersigned agrees to abide by all rules and regulations that may be posted in the barn or announced by a Signature D agent, land owners, employees, or barn owners.
_____ A. NATURE OF AGREEMENT. In consideration of the services, Signature D its, owners, agents, employees, volunteers, land owners, barn owners, and all other persons or entities acting in any capacity on its behalf, I agree to release and discharge Signature D, land owners, & barn owners on behalf of myself, my spouse, domestic partner, children, parents, heirs, assigns, personal representative and estate, from any liability that may arise therefrom as set forth below.
______B. ACKNOWLEDGEMENT OF RISKS. I acknowledge the known and inherent risks of wagon riding include, but are not limited to, the following, many of which can scare the mules, and cause them to fall or react in an unsafe manner. 1) weather conditions, including temperature, wind, and wind-driven objects, rain and snow, lightning, thunder, fog, excessive heat, and sun some of which may change quickly; 2) hypothermia (being too cold) and hyperthermia (being too hot); 3) wagon riding and street conditions, including icy, snowy, muddy, slippery, and lose footing, water crossings, falling rocks, branches and timber, fences, natural and man-made changes in the landscape and motorized or non-motorized traffic; 4) contact with plants, insects, reptiles, dogs, and other wild or domestic animals, reptiles which may walk, run, or fly near, or may bite or sting, a mule or rider; 5) improper first aid, emergency treatment or other attempted rescue services, and the unavailability of life-saving services or immediate medical attention in the case of injury; 6. Unavailability of telephone or other communication services to summon aid or for other purposes; 7) my own physical condition and or omissions; 8) my own and other riders’ attempts to exceed riding skills or riding in a careless, reckless, or improper manner; 9) injury to a horse; 10) the failure of an equine to respond to a driver’s commands; 11) unpredictability of an equine’s behavior; including, but not limited to, stopping suddenly, rearing, swerving, spinning, becoming spooked, bucking, suddenly accelerating, kicking, falling down, dipping its neck or body or grazing; 12) my own failure or that of other riders to follow the safety guidelines and commands or instructions of those ; 13) improper use of equipment; 14) inadequate repair or maintenance of Signature D’s facilities and equipment including but not limited to harnesses, bridles, wagon, and other riding equipment; 15) manufacturing or other defects, both apparent and latent, in equipment supplied or used by Signature D; 16) vehicular or pedestrian accident while riding in the wagon on public streets or roadways, 17) vehicular or pedestrian accident while being transported or walking to or from Signature D Horse Center or any of its staging areas; 18) error or negligence on the part of independent contractors using the facilities of Signature D or on the part of employees, or volunteers of Signature D , including, insufficient, wrong, or inappropriate instruction or assistance.
____ D. ASSUMPTION OF RISK. I knowingly & voluntarily assume all of the risks inherent in engaging in wagon riding, including those that may not be specifically enumerated herein.
____E. NATURE OF SIGNATURE D’S HORSES/MULES. Although Signature D chooses its equines for their calm dispositions, & sound, basic, training, no equine is completely safe. Equines are larger, more powerful, and faster than humans. If a rider falls from the wagon to the ground, it will generally be a distance of 3-1/2 to 5 1/2 feet, and the impact may result in injury to the rider. If an equine is frightened or provoked, it may divert from its training and act according to its natural survival instincts, which include, but are not limited to 1)stopping short; 2) changing direction or speed at will; 3) shifting its weight; 4) bucking, rearing, or kicking; 5) biting; and 6) running from danger. Due to the unpredictability of equine behavior, Signature D makes no warranty of any kind, express or implied, as to the habits, disposition, suitability, nature, or physical condition of any mule.
____F. HARNESS EQUIPMENT- NATURAL LOOSENING. I understand belly bands (bands around the equine’s belly) may loosen before or during a ride. If a rider notices such loosening, he or she must alert the nearest guide, instructor, or Signature D employee as quickly as possible so action may be taken to avoid slippage of the harness. I also understand that I or my child is responsible for checking and knowing when equipment is unsafe, including but not limited to bridles, bits, reins, belly bands, badly fitting harnesses, and other control or riding equipment. If you do not know how to inspect the equipment, you must notify an employee of Signature D before loading the wagon. I also understand that tack could fail.
_____G. PROTECTIVE HEADGEAR. Signature D does not provide helmets for the wagon ride. I understand that it is the legal guardian of the child to purchase a riding helmet.
_____ H. LEGAL ACTIONS CONCERNING AGREEMENT. Should Signature D, staff, barn owners, landowners, or anyone acting on its behalf be required to incur attorney’s fees and costs in an action or proceeding brought by me that is barred by this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. I agree that substantive Mississippi state law (and not only conflict of law rules) rather than the law of any other state or jurisdiction shall be applied in any legal action involving the interpretation, validity, or enforceability of this Agreement and that any legal action resulting from my participation in this activity shall be brought only in Newton County, Mississippi. If any portion of this Agreement is deemed invalid or unenforceable, all other portions of this Agreement shall remain in full force and effect.
_____ I. WAIVER OF LIABILITY OR CONDITIONS OF PARTICIPATION. I, as the rider, or on behalf of my child if the rider is a minor, hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Signature D, barn owner, staff & land owner from any claims, demands, or causes of action which are in any way connected with my participation in any equestrian activity or use of Signature D’s, barn owners’, staff, or land owners’ horses, equipment, stables or facilities, including any such claims which allege negligent acts or omissions by Signature D, barn owners, staff, or land owners. I will not initiate a lawsuit nor bring any claims, demands, or causes of action against Signature D, barn owners, staff, or land owners for any economic or noneconomic losses due to bodily injury, or property damage, sustained by me or my minor children about the premises and operations of Signature D, barn owners, staff, or land owners to include while riding, handling, or otherwise being near equine owned by, or in the care of, Signature D, whether on or off the premises of Signature D. I further expressly agree and promise to accept and assume all the risks existing in wagon riding. My participation in this activity is purely voluntary, and I elect to participate despite the risks of participating in the wagon ride.
____J. STATEMENT OF HEALTH INSURANCE. Signature D, barn owners, land owners, or staff require all participants of its activities to have and maintain a health insurance policy, and by signing this release I am affirming that I do have and maintain a health insurance policy. I further understand that in the case of an injury, while participating at Signature D, it will be my only resource for compensation for that injury.
____K. SOCIAL MEDIA: Pictures will be taken throughout the day at Signature D. I understand & approve my & my child’s picture being taken and posted to a website & or social media platform.
____L. SIGNER STATEMENT OF AWARENESS AND UNDERSTANDING. By signing this document, I acknowledge that if I am hurt or any property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Signature D, land owners, barn owners, & staff; city, town, event sponsor(s), or volunteers based on any claim which I have released herein. I have had sufficient opportunity to read this entire document and ask any questions that I may have. I acknowledge that I would have alerted Signature D if my comprehension of English was insufficient to fully appreciate this Agreement’s provisions. I have read and understand it, and I agree to be bound by its terms on this and every occasion hereafter. I affirm that all facts concerning the rider’s physical and medical condition, age, and experience are true and correct.