RELEASE AND ASSUMPTION AGREEMENT
This LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK is made and entered into on this ___________ day of ____________________, 20___, by and between HEIDI ZIEMER dba ALL HEART HORSE FARM/ALL HEART HORSE FARM HOLDINGS, LLC (“Stable”), any and all INSTRUCTORS (Full, Part-time, and Volunteer) (collectively, “Farm Professionals”), OWNER(S) of horse(s) used in any activities (“Horse-owner(s)”), and __________________________________________, (“Participant”) and, if Participant is a minor, Participant’s parent or guardian, ________________________________ (“Guardian”). In consideration of the use of property and facilities located at 21331 Crossfield Road and 21226 Creek Road, Manvel, Texas 77578 (“Premises”), services of Farm Professionals, and use of the horse(s) belonging to Horse-owner(s), the Participant, his/her heirs, assigns and legal representatives, hereby expressly agree to the following:
1. Participant or Guardian, as the case may be, is responsible for full and complete insurance coverage of all types on his/her horse, personal property and himself/herself.
2. Participant or Guardian, as the case may be, understands that there are INHERENT RISKS in and around Farm activities, including but not limited to the propensity of a farm animal to behave in ways that may result in injury, harm or death of persons, e.g., including but not limited to bucking, biting, kicking, rearing, shying, spooking, falling, as well as the unpredictability of a farm animal’s reactions to such things as medications, sounds, sudden movements, unfamiliar objects, persons, other animals, surface and subsurface ground conditions, collisions with other farm animals or objects, another participant not maintaining control over the farm animal or not acting within the participant’s ability, and/or acting in a negligent manner.
3. PARTICIPANT OR GUARDIAN, AS THE CASE MAY BE, EXPRESSLY ASSUMES RESPONSIBILITY FOR ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANT’S USE OF OR PRESENCE UPON PREMISES, including but not limited to: the risks of death, bodily injury and property damage that may be caused by but not limited to the following: falls, kicks, bites, collisions with vehicles, horses or other stationary objects, fire or explosion, the examples specified in Section 2, the unavailability of emergency medical care, and/or the negligence and/or deliberate act of another person.
4. Furthermore, __________________________________ (Guardian, or Participant if not a minor), on behalf of myself or my minor child, the case may be, and on behalf of any other person claiming through me or on my behalf or, as the case may be, through or on behalf of my minor child, agrees to forever and unconditionally release, acquit, and discharge Stable and Farm Professionals, and all of its/their successors, assigns, interns, employees, subcontractors, affiliates, officers, and Directors, and Horse-owner(s) from all claims, demands, actions, causes of action and damages which have arisen or which might hereafter arise regardless of type, cause, other than gross negligence, or nature arising from or in any manner related to my, or as the case may be, my minor child’s use of or presence upon the Premises for any reason whatsoever.
5. Participant or Guardian, as the case may be, agrees to indemnify, defend, save, and hold Stable, Farm Professionals, and Horse-owner(s) free, clear, and harmless from and against any and all liability, loss, damages, costs, expenses, including attorneys’ fees, judgments, claims, liens, and demands of any kind whatsoever in connection with, arising out of, or by reason or in any way connected with Participant’s use of or presence upon the Premises or connected with or arising out of this Agreement, or arising from any accident, injury, or damage, howsoever and by whomsoever caused, to any person or property whatsoever, occurring in, upon, about, or in any way connected with the Premises or any portion thereof other than as a direct result of the gross negligence of Stable or Farm Professional. This indemnification clause shall survive expiration or sooner termination of this Agreement with respect to indemnification obligations arising prior to such expiration or termination.
6. Participant or Guardian, as the case may be, agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.
7. This contract is non-assignable and non-transferable and is made and entered into the State of Texas, and shall be enforced and interpreted under the laws of this state.
8. Participant or Guardian, as the case may be, understands that:
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ACTIVITIES.
9. Participant agrees to abide by all of Stable and Farm Professionals' rules and regulations, and Participant is responsible for using protective gear; (hard hats and boots).
10. _______________________________ (Participant) agrees/has permission to participate in Stable and Farm Professionals' Farm and Farm lesson/training program. I have read and fully understand the terms of participation in this program.
11. I execute this Release and Assumption Agreement with the full understanding that Farm activities are dangerous and that injuries can occur and with full knowledge that farm animals are unpredictable and dangerous animals and that accidents can and do occur during their handling and riding.
Farm Professional’s Signature Date
Participant’s or Participant’s Date
Participant’s Name (Printed)
Emergency Contact Information