RELEASE AND WAIVER OF LIABILITY
In consideration for being permitted to participate, I hereby agree as follows (initial each paragraph):
Voluntary Participation.
I am voluntarily giving my child/ward permission to participate in Equine Facilitated services through Harmony Acres Equestrian Center. I understand if I have any questions about the Equine Services I am participating in, I can contact my instructor for more information, or visit the affiliated organizations website (PATH for therapeutic riding, EAGALA for Equine-Assisted Psychotherapy, AVA for vaulting).
Assumption of Risk:
I fully understand that participation in the activities offered by Christina Harmony Acres Equestrian Center may not only involve risk of serious injury or death, economic loss, property damage, or loss that may result from the participant’s own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where activities are being conducted. I am assuming, on behalf of myself and/or my child/ward, all risk of personal injury, death or disability to me and/or my child/ward that might result from said participation, or any damage, loss or theft on any personal property which I or my child/ward may incur. I understand that equestrian vaulting or simply being in the vicinity of horses is inherently risky. I understand and accept these risks, including (but not limited to) the risk of bodily injury .
Covenant Not to Sue. The participant’s personal and legal representatives, heirs, successors, and next of kin will not make any claim against Harmony Acres Equestrian Center, or any of its present or former officials, employees, instructors, agents, attorneys, insurers, and representatives and their respective successors, heirs and assigns or any volunteer(s) for injury, damage, death, or any other loss arising from or related to participation in the activities and classes offered by Harmony Acres Equestrian Center
Release of Liability.
The participant’s personal and legal representatives, heirs, successors, and next of kin, forever release, waive, discharge and relinquish Harmony Acres Equestrian Center and its affiliates, instructors, shareholders, participants, board members, directors, officers, agents, volunteers, employees, instructors and licensors, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment comprising the grounds where activities occur (collectively, the “Releasees”) from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness, and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by the participant in any way connected to, related to, or arising out of participation in GVVH activities. This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of the releasees or from any other cause. This Waiver and Release of all liability includes, without limitation, injuries, illness, or accidents, which may occur as a result of (a) use of the facility or its improper maintenance, (b) bodily harm or property damage caused by horses, or (c) instruction or supervision. I understand that I voluntarily give up my right to sue the above mentioned parties.
Good Health.
The participant is in good health and has no physical condition that would prevent him/her from participating in the equine--facilitated activities. I have had the opportunity to seek medical advice for any concerns I may have had regarding the participant’s health.
Statutory limitation of Liability: WARNING: Under Colorado 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, pursuant to section 13-21-119, Colorado Revised Statutes.
I acknowledge that I have carefully read this Agreement and fully understand its contents. I fully understand that this is a release of all liability and a waiver of any right that I may have on behalf of myself and /or my child/ward to bring a legal action or assert a claim for injury or loss of any kinds against Harmony Acres Equestrian Center and its her affiliates. I am aware that I have given up substantial rights of the participant by signing the Agreement, and I am signing the Agreement on behalf of the participant voluntarily. I understand that if any attempt of a legal claim is made, I will be responsible for all defense costs, including reasonable attorney’s fees and costs.
The participant has no obligation to participate in equine assisted therapy activities, and I have no obligation to sign this Agreement, but desire to do so. I certify that I am at least eighteen years of age and the parent or legal guardian of the participant.