RELEASE OF LIABILITY, PLEASE READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS:
Please initial each statement in the box to the left. Type your name at the bottom section to agree to Waiver. On submission of this form, the waiver will be sent to your email address and the owner of Signature D Horses. Thank you.
A.NATURE OF AGREEMENT.In consideration of the services SignatureD its, owners, agents, employees, volunteers, land owners, barnowners,and all other persons orentities acting in any capacity on its behalf, I agree to release and dischargeSignature D, land owners, & barn owners on behalf of myself , myspouse, domestic partner, children, parents, heirs, assigns, personalrepresentative and estate, from any liability that may arise there from as setforth below.
B. ACKNOWLEDGEMENT OF RISKS. I acknowledge the known and inherentrisks of wagon riding include, but are not limited to, the following, many ofwhich can scare the mules, cause it or its rider to fall or react in an unsafemanner. 1) weather conditions, including temperature,wind and wind driven objects, rain and snow, lightning, thunder, fog, excessiveheat and sun some of which may change quickly; 2) hypothermia (being too cold) and hyperthermia(being too hot); 3) wagon riding and street conditions, includingicy, snowy, muddy, slippery, and loose footing, water crossings, falling rocks,branches and timber, fences, natural and man-made changes in the landscape andmotorized or non-motorized traffic; 4) contact with plants, insects, reptiles, dogs, and other wild or domesticanimals, reptiles which may walk, run, or fly near, or may bite or sting, amule or rider; 5) improper first aid, emergency treatment orother attempt ed rescue services, and the unavailability of life savingservices or immediate medical attention in the case of injury; 6. Unavailability of telephone or othercommunication services to summon aid or for other purposes; 7) my own physical condition and or omissions;8) my own and other riders’ attempts toexceed riding skills or riding in a careless, reckless, or improper manner;9) injury to a horse; 10) the failure of a horse to respond to arider’s commands; 11) unpredictabilityof a horse’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 tofollow the safety guidelines and commands or instructions of those ; 13)improper use of equipment; 14) inadequate repair or maintenance of Signature D’s facilities andequipment including but not limited to saddles, bridles, and other ridingequipment; 15) manufacturing or other defects, both apparentand latent, in equipment supplied or used by Signature D; 16) vehicular or pedestrian accident while riding a horse on public streetsor roadways, 17) vehicular or pedestrianaccident while being transported or walking to or from Signature D HorseCenter or any of its staging areas; 18) error or negligence on thepart of independent contractors using the facilities of Signature D oron the part of employees, or volunteers of Signature D , including,insufficient, wrong, or inappropriate instruction or assistance.
C.ASSUMPTIONOF RISK.I knowingly &voluntarily assume all of the risks inherent in engaging in wagon riding,including those that may not be specifically enumerated herein.
D. NATURE OF SIGNATURE D’s HORSES/MULES. Although Signature D chooses itshorses/mules for their calm dispositions, & sound, basic, training, nohorse/mule is completely safe. Horses are larger, more powerful and fasterthan a human. If a rider falls from thewagon 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 a mule is frightened or provoked, it maydivert from its training and act according to its natural survival instincts,which include, but are not limited to: 1)stopping short; 2) changingdirection or speed at will; 3) shiftingits weight; 4) bucking, rearing, orkicking; 5) biting; and 6) running from danger. Due to the unpredictability of a mule’sbehavior, Signature D makes nowarranty of any kind, express or implied, as to the habits, disposition,suitability, nature or physical condition of any mule.
E. HARNESS EQUIPMENT- NATURAL LOOSENING. I understand belly bands (bands around the mule’sbelly) may loosen before or during a ride. If a rider notices such loosening, he or she must alert the nearestguide, instructor or Signature D employee as quickly as possible so action may be taken to avoid slippageof the ha and a potential fall from the horse. I also understand that I or my child isresponsible for checking and knowing when equipment is unsafe, including butnot limited to bridles, bits, reins, belly bands, badly fitting harness, andother control or riding equipment. Ifyou do not know how to inspect the equipment, you must notify an instructor oremployee of Signature D before entering the wagon. I also understand that tack could fail.
F. PROTECTIVE HEADGEAR. Signature D does not provide helmets forthe wagon ride. I understand that it isthe legal guardian of the child to purchase a riding helmet.
G. LEGAL ACTIONSCONCERNING AGREEMENT. Should Signature D, staff, barn owners, or land ownersor anyone acting on its behalf be required to incur attorney’s fees andcosts in an action or proceeding brought by me that is barred by thisAgreement, I agree to indemnify and hold them harmless for all such fees andcosts. I agree that substantive Mississippi state law (and not only conflict oflaw rules) rather than the law of any other state or jurisdiction shall beapplied in any legal action involving the interpretation, validity or enforceability of this Agreement, and that any legal action resulting from myparticipation in this activity shall be brought only in Newton County, Mississippi.In the event that any portion of this Agreement is deemed invalid orunenforceable, all other portions of this Agreement shall remain in full forceand effect.
H. WAIVER OF LIABILITYOR CONDITIONS OF PARTICIPATION. I, as the rider, or on behalf of my childif the rider is a minor, hereby voluntarily release, forever discharge andagree to indemnify and hold harmless Signature D, barn owner, staff &land owner from any and all claims, demands,or causes of action which are in any way connected with my participation in anyequestrian activity or use of Signature D’s , barn owners’, staff, or landowners’ horses, equipment, stables or facilities, including any such claimswhich allege negligent acts or omissions by Signature D, barn owners,staff, or land owners. I will not initiatea lawsuit nor bring any claims, demands, or causes of action against SignatureD, barn owners, staff, or land owners for any economic or noneconomiclosses due to bodily injury, property damage, sustained by me or my minorchildren in relation to the premises and operations of Signature D, barnowners, staff, or land owners to include while riding, handling, orotherwise being near horses owned by, or in the care of, Signature D, whetheron or off the premises of Signature D. I further expressly agree and promise toaccept and assume all of the risks existing in wagon riding. My participationin this activity is purely voluntary, and I elect to participate in spite ofthe risks of participating in horseback riding.
I. STATEMENT OF HEALTH INSURANCE. SignatureD, barn owners, land owners, or staff requires all participants of itsactivities to have and maintain a health insurance policy, and by signing thisrelease I am affirming that I do have and maintain a health insurance policy. Ifurther understand that in the case of an injury while participating at SignatureD, it will be my only resource for compensation for that injury.
J. SOCIAL MEDIA: Pictures will be taken throughout the day at Signature D. I understand & approve mine & my child’s picture being taken and posted to a website & or social media platform.
K. SIGNERSTATEMENT OF AWARENESS AND UNDERSTANDING. By signing this document, Iacknowledge that if I am hurt or any property is damaged during my participationin this activity, I may be found by a court of law to have waived my right tomaintain a lawsuit against Signature D, land owners, barn owners, &staff on the basis of any claim which I have released herein. I have hadsufficient opportunity to read this entire document and ask any questions thatI may have. I acknowledge that I would have alerted Signature D if mycomprehension of the English language is not sufficient to fully appreciatethis Agreement’s provisions. I have read and understand it, and I agree to bebound by its terms on this and every occasion hereafter upon which I may rent,borrow, stable, take lessons, or otherwise use a horse from SignatureD. I affirm that all factsconcerning the rider’s physical and medical condition, age, and experience aretrue and correct.
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