Waiver and Release of Liability

advertisement
HCG STABLES, LLC
WAVIER AND RELEASE OF LIABILITY
WARNING: UNDER MISSOURI 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 THE REVISED STATES OF MISSOURI.
I hereby acknowledge that I understand and appreciate that the risks and hazards
associated with participating in horseback riding and equine related activities exposes
me to risk of serious personal injury or death. These risks and hazards include those
risks inherent in equine activities, without limitation, the propensity of a horse to behave
in ways that may result in injury or harm to, or the death of, persons on or near the
horse or result in an injury or death to other animals, including my horse(s), if any, such
as: bucking, biting, kicking, rearing, shying, falling, or stepping on persons or other
animals: the unpredictability of a horse’s reaction to such things as medications, sounds,
sudden movement, unfamiliar objects, persons or other animals, weather hazards such
as surface and subsurface ground conditions, and collisions with other horses, animals
and objects; and the potential of another horse owner to not maintain control over
his/her horse(s). These risks and hazards may be caused by the negligence of any
employee, agent, servant, representative, contractor, subsidiary, affiliate, parent
company, successor or assigned of HCG Stables, LLC or HCG Stables, LLC, the
negligence of others, or by accidents, breaches of contract, the forces of nature, or other
causes resulting from the acts of any of the above mentioned parties.
I hereby acknowledge that the boarding of my horse(s) and the maintenance of my
tack, equipment, trailer or other personal property upon the premises owned by HCG
Stables, LLC exposes my horse(s), tack, equipment, trailer and/or other personal
property to risk of loss or damage resulting from, but not limited to, loss by fire, running
away, death, illness and/or accident. I hereby further acknowledge that the boarding of
my horse(s), the maintenance of my tack, equipment, trailer and/or other personal
property upon the real property owned by HCG Stables, LLC, and any equine related
activities engaged in by me expose other persons and the real property, any
improvements thereon, and any other property or equipment thereon owned by HCG
Stables, LLC or any other person or entity to the risk of serious personal injury, death,
loss or damage.
Initials __________
I hereby acknowledge that I have the sole responsibility for maintaining insurance
coverage for and with respect to my horse(s), tack, equipment, trailer or other personal
property, including, without limitations, appropriate policies of property and liability
insurance.
In consideration of my being allowed to engage in equine related activities and/or
board my horse(s) or maintain my tack, equipment, trailer or other personal property on
the premises owned by the HCG Stables, LLC, I for myself, my heirs, representatives,
assigns, successors, administrators and anyone else claiming by or through me, hereby
expressly and irrevocably release and discharge HCG Stables, LLC, and its members and
any and all of their employees, agents, servants, representatives, contractors,
subsidiaries, affiliates, parent companies, successors, assigns and insurers from any and
all legal claims or legal liability of any kind, nature and description involving or relating
to any bodily injury or death suffered or sustained by me, or any property damage of
mine, whether foreseen or unforeseen. I specifically understand that I hereby release,
discharge, waive, and covenant not to sue based upon any claims or actions, injuries,
damages, or expenses that I may have presently or in the future arising from negligence,
gross negligence, willful and wanton conduct, strict liability or other conduct by the
members and any and all of their employees, agents, servants, representative,
contractors, subsidiaries, affiliates, parent companies, successors, assigns and insurers of
HCG Stables, LLC in connection with my participation in equine related activities
and/or the boarding of my horse(s) or maintenance of my tack, equipment, trailer or
other personal property on the premises owned by HCG Stables, LLC.
I hereby personally assume all risks in connection with my participation in equine
related activities and/or the boarding of my horse(s) or maintenance of my tack,
equipment, trailer or other personal property on the premises owned by HCG Stables,
LLC and I further release HCG Stables, LLC, and its members and any and all of their
employees, agents, servants, representatives, contractors, subsidiaries, affiliates, parent
companies, successors, assigns and insurers, for any harm, injury, loss or damage which
might befall me as a result of my use of my horse(s) or their presence upon the premises
owned by HCG Stables, LLC, including all risks connected therewith, whether foreseen
or unforeseen, including, but not limited to the risks inherent in equine related activities
as described above, the risk of death, bodily injury, property damage, falls, kicks, bites,
collision with vehicles, horses or stationary objects, fire or explosion, the unavailability
of emergency or other medical care, and the negligence and/or deliberate acts of another
person. I further promise to hold harmless and indemnify said organizations and
persons from any claim by me or my heirs, representatives, assigns, successor,
administrators and anyone else claiming by or through me.
Initials _________
I further expressly agree that the foregoing release, waiver, covenant not to sue,
and indemnity agreement is intended to be as broad and inclusive as is permitted by the
laws of Missouri (the state where the HCG Stables, LLC is organized) and that if a
portion thereof is held invalid, it is agreed that the balance shall, notwithstanding,
continue in full legal force and effect.
I have carefully read and voluntarily sign the release and wavier of liability and
indemnity agreement, further agree that no oral representations, statements or
inducements apart from the foregoing written agreement have been made, and fully
understand and agree to be bound by the contents hereof. I am aware that by signing
this release, wavier of liability and indemnity agreement, I AM GIVING UP
IMPORTANT LEGAL RIGHTS AND IT IS MY INTENTION TO DO SO FREELY
AND WITHOUT COERCION OR DURESS OF ANY TYPE.
Signature: ____________________________________
Date: _____________________
Printed Name: ______________________________________
Download