PARTICIPANT AGREEMENT, RELEASE AND
ASSUMPTION OF RISK
In consideration of the services of Equestrian Dream
Center, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any
capacity on their behalf (hereinafter collectively referred to as "EDC"), I hereby agree to release, indemnify, and discharge
EDC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1.
I acknowledge that any equestrian activity entails known and unanticipated risks that could result in physical or emotional
injury, paralysis, death, or damage to myself, to property, or
to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of
the activity.
The risks include, among other things: student being stepped on, bitten, kicked, falling of horse, broken
body parts. And hopefully none of the above.
Furthermore, EDC employees have difficult jobs
to perform. They seek safety, but they are not infallible. They
might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions.
They may give incomplete warnings or instructions, and the equipment being used might malfunction.
1.
I expressly agree and promise
to accept and assume all of the risks existing in this activity. My participation
in this activity is purely voluntary,
and I elect to participate in spite of the risks.
2.
I hereby voluntarily release, forever
discharge, and agree to indemnify and hold harmless EDC from
any and all claims, demands, or causes of action, which are in any way connected with my participation
in this
activity or my use of EDC's equipment or facilities, including any such claims which allege negligent
acts or
omissions of EDC.
3.
Should EDC or anyone acting
on their behalf, be required to incur attorney's fees and costs to
enforce this agreement, I agree to indemnify and hold
them harmless for all such fees and costs.
4.
I certify that I have adequate insurance
to cover any injury or damage I may cause or suffer while
participating, or else I agree to bear the costs of such injury or damage myself. I further
certify that I am willing
to assume the risk of any medical or physical condition I may have.
5.
In the event that I file a lawsuit
against EDC, I agree to do so solely in the state of Texas, and I
further agree that the substantive law of Texas shall apply in that action without regard
to the conflict of law
rules
of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the
remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone
is hurt or 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 edc on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this
entire document. I have read and understood it, and I agree to be bound
by its terms.
PARENT'S
OR GUARDIAN'S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)
In consideration of_____________ (print minor's name)
("Minor") being permitted
by EDC to participate in its activities and to use its equipment
and facilities, I further agree to indemnify and hold harmless EDC from any and all claims which are brought by, or on behalf
of Minor, and which are in any way connected with such use or participation by Minor.
