Microsoft Word - 2020 Liability Release Form.doc

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WAIVER, AGREEMENT, AND LIABILITY RELEASE - Indiana

READ CAREFULLY BEFORE SIGNING

WARNING

Under Indiana 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.

I agree to this agreement with Schooner Valley Stables LLC (hereafter referred to as “Stable") as a

condition for his/her/its/their allowing me and the persons identified below (if any), to do any or all of the

following at any time and at any location: enter Stable’s premises, land, facilities, barns, arenas, paddocks,

pastures, and surrounding land; be near horses, ponies, mules, or donkeys (hereafter, “equines”), work

with, handle, ride, drive, and/or receive instruction or guidance related to riding, driving, handling and/or

working with equines. (All of these activities, individually and collectively, will be referred to as “The

Activities” in this document.)

NAME (Please print clearly): ______________________________________________________________

NAME OF OTHER CONTRACTING PARTY (Spouse or Other Parent): _____________________________

ADDRESS: ____________________________________________________________________________

PHONE: [Home] _______________ [Work] _______________________ [Cell/Other]__________________

To the fullest extent allowed by law, I also make this agreement on behalf of the following who is/are my

child/children or legal ward(s):

1. _________________________ AGE:____ 2. _____________________________ AGE:_____

Date of Birth: _________________ Date of Birth: ____________________

All parts of this document apply to me and each of the children or legal wards listed above. [We will

collectively call ourselves "I," "me," or "my" throughout this document.]

IT IS AGREED AS FOLLOWS:

1. Consideration/Binding Effect. I have voluntarily requested to engage in any or all of The

Activities and I am signing this document in consideration for being allowed to engage in any or all of The

Activities now and in the future. I understand that although I am signing this document today, I intend

for it to be valid and binding when I engage in any or all of The Activities at any time in the future

and at any location.

2. Risks of Equine Activities. I understand that anyone riding, driving, handling, working with, or

even near an equine at any location can suffer bodily and other injuries. Among other things, equines are

unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of an

equine are to jump forward or sideways, back up quickly, or run away from real or perceived danger by

trotting or galloping. Equines also have the ability to kick, buck, rear up, spin around, strike, or bite. I know

that equines can do these and other things without warning. I also understand that all equines, even if they

have no history of hurting anyone, are powerful and have the potential to be dangerous to people, equines,

and other animals.

I also understand that riding, driving, handling, working with, or even being near an equine can

expose me to numerous hazards, which could include dangers or conditions which are an integral part of

equine activities, including, but not limited to: (1) The propensity of an equine to behave in ways that may

result in injury, harm, or death to persons on or around the equine; (2) The unpredictability of an equine’s

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reaction to such things as sound, sudden movement, unfamiliar objects, people, or other animals; (3)

Hazards such as surface and subsurface conditions; (4) Collisions with other equines or objects; (5) The

potential of a participant to act in a negligent manner that may contribute to injury to the participant or

others, such as failing to maintain control over the animal or not acting within the participant’s ability.. I

understand these risks and dangers that are inherent in equine-related activities, and I agree to

assume all of them. I also understand that these are just some of the risks, and I agree to assume

others that are not mentioned in this document. I am NOT relying on Stable to list all possible

equine-related risks in this document or at any time, now or in the future.

INITIAL HERE: _______ 3. WAIVER AND LIABILITY RELEASE: As consideration for being allowed

to engage in any or all of The Activities, now and in the future and at any location, I (on behalf of

myself and my spouse, parents, heirs, representatives, assigns, minor child/ren or legal wards) am

voluntarily agreeing to each of the following: (a) Stable and his/her/its/their respective officers,

directors, members, managers, employees, agents, heirs, family members, assigns, representatives,

affiliated persons, and others acting on their behalf (hereafter referred to collectively as “The

Released Parties”) shall not be liable for any losses, injuries, or damages that I (which includes the

signer and signer’s minor child/children or legal wards) may sustain as a result of engaging in any

of The Activities at any time or at any location; and (b) I fully and forever release, waive, agree not to

sue, and discharge all claims, demands, damages, legal actions, omissions, causes of action, or

rights of action (whether they occur now or in the future, and whether they are known or unknown,

anticipated or unanticipated) against The Released Parties, whether caused by their ordinary

negligence, a violation of a provision of the Indiana Activity Liability Act, or other legal liability

resulting from or arising out of my/our engaging in The Activities at any time and at any location.

The term "damages" means, for example, medical expenses any and all claims or losses because of

bodily injuries, mental/emotional injuries, or property damages, death, expenses, and/or personal

property damages. This document is intended to apply and be binding regardless of whether I am

riding, driving, handling, or near equines. (However, it is understood that I am not releasing any of

these parties from liability for injuries that are directly caused by their gross negligence, willful and

wanton misconduct, willful negligence, reckless conduct, or intentional wrongdoing.)

INITIAL HERE: _______ 4. INDEMNIFICATION. To the fullest extent permitted by law, I also agree to

indemnify and hold harmless The Released Parties against any and all claims, demands, actions,

liabilities, losses, or suits that are brought against The Released Parties (or either of them) which are in

any way connected with my/our participation in any of the Activities at any time and at any location,

including claims that allege acts or omissions of The Released Parties that are negligent or in violation of a

state Equine Activity Liability Act. This indemnification shall also include reimbursement of reasonable

attorney fees incurred by Stable or by others on its behalf.

5. Helmets. I understand that, for my own protection, I should purchase and wear properly fitted and

secured ASTM-standard/SEI-certified protective headgear that is designed for use when riding, driving, or

near equines. I am NOT relying on Stable to provide headgear, to check headgear I may wear, or to

monitor my compliance with this suggestion at any time.

6. Emergencies. Person(s) to Contact in Case of Emergency: Name: _________________________

Phone: _______________________________________ Relationship:_____________________________

7. Indiana law applies to this document, and I agree that this document shall be enforced to the

greatest extent permitted by law. If any clause conflicts with applicable law, only that clause will be null and

void but the remainder shall stay in full force and effect. This document can only be modified in writing and

signed by me and Schooner Valley Stables LLC (on behalf of Stable). I agree to pay any attorney fees and

costs for The Released Parties (or either of them) to enforce this Agreement, and I agree to indemnify and

hold harmless The Released Parties for such fees and costs.

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8. ALSO, I REPRESENT (please check and initial each box below):

_____

I AM AT OR OVER 18 YEARS OF AGE;

_____

I AM OF SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE

INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS THAT AFFECT MY ABILITY TO

READ AND UNDERSTAND THIS DOCUMENT;

_____

I HAVE READ THIS ENTIRE DOCUMENT (ALL THREE PAGES), AND I FULLY

UNDERSTAND IT;

_____

I INTEND FOR THIS DOCUMENT TO BE VALID AND BINDING TODAY AND AT ALL

TIMES IN THE FUTURE;

_____

I AM AWARE THAT THIS DOCUMENT IS LEGALLY BINDING AND THAT BY SIGNING IT

I AM GIVING UP LEGAL RIGHTS AND/OR REMEDIES;

_____

BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR

PROPERTY DAMAGED BY PARTICIPATION OF MYSELF AND/OR MY MINOR

CHILD/REN IN ANY OF THE ACTIVITIES, I MAY BE FOUND BY A COURT OF LAW TO

HAVE WAIVED MY RIGHT TO BRING A LAWSUIT AGAINST ANY OR ALL OF THE

RELEASED PARTIES; AND

_____

ALL OF THE INFORMATION THAT I HAVE PROVIDED IS TRUE AND ACCURATE.

SIGNATURE: ___________________________________________________

PRINT NAME HERE: ________________________________________________ DATE :______________

SIGNATURE OF OTHER CONTRACTING PARTY (Spouse/ Other Parent):

______________________________________________ DATE :______________

PRINT NAME HERE: ________________________________________________

ACCEPTED BY:

“STABLE” REPRESENTATIVE

SIGNATURE:_________________________________________

DATE OF SIGNATURE:___________________________

WARNING

Under Indiana 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.