Horse Riding Agreement and Liability Release Form - Please read carefully Crestone Welsh Ponies Imports and Sales – 15493 North 107th Ave, Colorado 80504 (hereinafter known as "THIS STABLE") SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. THIS STABLE DOES NOT GUARANTEE YOUR SAFETY. AGREEMENT SCOPE AND TERRITORY AND DEFINITIONS - This agreement shall be legally binding on me the registered rider, and the parent and legal guardian thereof if a minor, my heirs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of the state and county of THIS STABLE. (The term "HORSE" herein shall refer to all equine species.) The term "HORSEBACK RIDING" herein shall refer to riding a horse mounted or otherwise handling of hoses, ponies, mules, or donkeys, whether from the ground or mounted. The term "RIDER" shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The terms "I", "ME", "MY" shall herein refer to the registered rider names below and the parents or legal guardians thereof if a minor. NATURE OF STABLES HORSES - THIS STABLE follows a rigid safety program. Horseback riding is the only sport where one much smaller, weaker, predator animal (human) tries to impose its will on another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include but are not limited to: Stopping short, Changing directions or speed at will, Shifting its weight, Bucking, Rearing, Kicking, Biting or Running from danger. Horseback riding is an inherently risky and dangerous activity. 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 or injured by the horse. Horses may bite, kick, buck, fall, or stumble. You or Your horse may collide with obstacles, cows, other horses, barbed wire, trees, branches, natural and man made objects whether obvious or not. Each of these obstacles and variations in terrain, could cause you to lose control of your horse and be injured. Saddles may slip and tack or saddle problems may develop as a result of normal use and wear. Riders may lose their balance which can result in falling from the horse. I acknowledge that if I ride or travel with horses, I am subject to injury and no form of planning can remove the danger. RIDER RESPONSIBILITY - I understand that the rider is in primary control of the horse. The rider's safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal. I agree that the rider shall be responsible for his/her own safety, and that of an unborn child if the rider is pregnant. THIS STABLE ADVISES A PREGNANT WOMAN NOT TO RIDE A HORSE unless permission is given under advice of her physician. (It is also the rider's responsibility to notify the staff of any physical/mental health condition and/or disability which the rider may have that will affect his/her ability to ride a horse.) SADDLE GIRTHS - NATURAL LOOSENING - I UNDERSTAND THAT: Saddle girths (saddle fasteners around horse's belly) may loosen during a ride. If rider notices this he/she must alert the nearest employee as quickly as possible so action can be taken. LIABILITY RELEASE - In consideration of THIS STABLE allowing my participation in this activity, under the terms set forth herein, I, the rider and the parent or legal guardian thereof if a minor, do agree to hold harmless and release THIS STABLE, its owners, agents, employees, officers, members, premises owners, insurers, and affiliated organizations from legal liability due to THIS STABLE'S ordinary negligence; and I do further agree that I shall bring no claims, demands, actions and causes of action and/or litigation against THIS STABLE AND ITS ASSOCIATES as state above in this clause, for any economic and non-economic losses, due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operation of THIS STABLE, to include while riding, handling, or otherwise being hear horses owned by or in the care, custody and control of THIS STABLE. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless CWP 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 CWP's equipment or facilities, including any such claims which allege negligent acts or omissions of CWP. Should CWP 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. 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 have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of - all risks that may be created, directly or indirectly, by any such condition. In the event that I file a lawsuit against CWP, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. If I, or anyone acting on their or my behalf, should bring such suit, that I/they shall pay all reasonable attorney fees, court and costs of defense should I/they not prevail. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions 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 CWP 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:_Lydia Dissly / Caroline Dissly______________________Print name__________________________ Address:___________________________________________________________________ Phone:__________________________Date:_10/03/04_________________ 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 AS. to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless AS 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 GuardianLydia Dissly___________________print name________________________Date_______ Page three of three PROTECTIVE EQUESTRIAN HEADGEAR REFUSAL AGREEMENT I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Crestone Welsh Ponies (hereinafter collectively referred to as "CWP"), that we should purchase and/or wear a properly fitted and secured ASTM/SEI (Equestrian standard) certified helmet while riding or being around horses (whether on the premises of CWP. or off the premises) in order to reduce the severity of some of our head injuries and to possibly prevent my/our death from happening as the result of a fall(s) or any other occurrence associated with this activity. We realize that we are subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of CWP, the guide/instructor, numerous court cases and CWP's insurance company, we are refusing this critical safety precaution. SIGNER STATEMENT OF AWARENESS I/we the undersigned, have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks. ________________________________Date_________________ Signature of Rider (spouse must sign for themselves) ____________________________________Date_____________ Signature of parent, guardian and or spouse ____________________________________________________ Name of additional minor (s) rider (s) PROTECTIVE HEADGEAR OFFERING: I, for myself and on behalf of my child and/or legal ward, have been offered protective headgear (riding helmet) by THIS STABLE and do understand that the wearing of such headgear around horses may prevent or reduce severity of some head injuries, and may even prevent death happening as the result of a fall or other occurrence. It is understood that STABLEPROVIDED protective headgear may not be of perfect fit for each rider's head, and that once provided I/WE will be responsible for securing the helmet on this rider's head at all times. ALL RIDERS AND PARENTS OR LEGAL GUARDIAN MUST SIGN BELOW AFTER READING THIS DOCUMENT. YES, I/we request to wear protective headgear which THIS STABLE provides. NO, I/we refuse to wear any type of protective headgear or will provide my/our own. Rider's riding ability: Beginner Good Advanced I agree that should medical treatment be required, I and/or my own accident/medical insurance company shall pay for ALL such incurred expenses. I HAVE GIVEN EXTRA ATTENTION TO THE ABOVE STATEMENT. Please initial ___________ SIGNER STATEMENT OF AWARENESS: I/we the undersigned have read and do understand the forgoing agreement, warnings, release and assumption of risks. I/we further attest that all facts relating to the applicant's physical condition, experience and age are true and accurate.