PARTICIPANT
AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services
of Out N About Treesort & Outfitters,
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 "ONAT&O"),
I hereby agree to release, indemnify, and discharge ONAT&O,
on behalf of myself, my spouse, my children, my
parents, my heirs, assigns, personal representative and estate as
follows:
1.
I
acknowledge that
HORSEBACK RIDES 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:
contact with wild
animals, hiking and exposure to the elements.
A horse, regardless of its training and usual past behavior, may
act
unpredictably at times based upon instinct or fright which may cause
you to be
thrown from your horse or injured by the horse.
Horses may do such things as bite, kick, buck, lie down, or
stumble. Saddles may slip and other tack or
saddle
problems may develop as a result of normal use and wear.
Your horse may collide with obstacles or
encounter variations in terrain such as creeks, water, bridges,
traveled roads,
wild animals, birds, stump, forest growth, debris, rocks and cliffs and
other
obstacles whether obvious or not and whether man made or natural. Each of those obstacles or variations in
terrain could cause you to lose control of you horse and you could fall. Riding a horse requires the participant to
balance on the saddle. Participants may
lose their balance that can result in falling from the horse.
Furthermore,
ONAT&O 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.
2. 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.
3. I hereby voluntarily release, forever discharge,
and agree to
indemnify and hold harmless ONAT&O
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 ONAT&O's equipment or facilities, including
any such claims which allege
negligent acts or omissions of ONAT&O.
4. Should ONAT&O 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.
5. 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.
6. In the event that I file a lawsuit against ONAT&O, I agree to do so solely in the
state of
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
ONAT&O 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.
Signature
of Participant ______________________________ Print Name _____________________________________
Address_________________________________________________________________________________________
Phone
Date____________________
Name
of treehouse you are
staying in or if you are a visitor
_______________________
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 ONAT&O to participate in
its activities and to use its equipment and facilities, I further agree
to
indemnify and hold harmless ONAT&O
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.
Parent
or Guardian: __________________________ Print
Name:______________________________ Date:_____________
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
PROTECTIVE EQUESTRIAN HEADGEAR REFUSAL AGREEMENT ADDENDUM
I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Out N About Treesort & Outfitters that we should wear a properly fitted and secured ASTM/SEI (Equestrian standard) certified helmet while participating in horse riding activities in order to protect against and reduce the severity of potential head trauma that could result in serious injury, including death, as the result of a fall, collision, kick from a horse, or other occurrence associated with horse activities. Against the advice of ONAT&O, the guide/instructor, common sense, and ONAT&O's insurance company, I (and any Minor for whom I am signing) am refusing to wear a helmet and assuming all risk of injury. I further agree to indemnify and hold harmless ONAT&O from any and claims that are brought by, or on behalf of myself, and any listed Minor, as the result of head trauma resulting from participation in any horse activities.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to bound by its terms.
If the rider or participant is a minor: