This Release of Liability and Hold Harmless Agreement (“Agreement”, is made
As of this _____ day of ______________, 202___ between Underhill Farm, Alpine Farms; Trinity Farms, LLC; CKU Corporation, and their members, officers, directors, agents, employees, volunteers, and any other person or entity acting on their behalf providing equine services (hereinafter referred to as “Provider”) and _______ hereinafter (“Client”.)
CLIENT ACKNOWLEDGES THAT THERE ARE INHERENT RISKS IN
BEING ON OR AROUND HORSES. THOSE RISKS INCLUDE SERIOUS BODILY INJURY
AND DEATH. CLIENT UNDERSTANDS THAT THESE RISKS ARISE FROM THE FACT
THAT ANY HORSE MAY ACT UNPREDICTABLY AND THAT ALL HORSES ARE CAPABLE OF SUDDEN, UNEXPECTED, AND POTENTIALLY DANGEROUS MOVEMENTS. CLIENT APPRECIATES THAT ALL HORSES ARE EASILY FRIGHTENED BY SOUND, MOVEMENT, UNFAMILIAR OBJECTS, ODORS, PERSONS, OTHER ANIMALS, NATURAL HAZARDS, AND ARTIFICIAL CONDITIONS AMONG OTHER THINGS AND MAY RUN, BOLT, BITE, BUCK, OR KICK WITH NO WARNING AS A RESULT. CLIENT UNDERSTANDS THAT SERIOUS BODILY INJURY, PROPERTY DAMAGE, OR DEATH MAY RESULT WHILE PETTING, FEEDING, WATERING, BRUSHING, TACKING, SADDLING, MOUNTING, DISMOUNTING, SHOEING, VETTING, RIDING, OR OTHERWISE BEING ON OR AROUND ANY HORSE.
BY SIGNING THIS AGREEMENT, CLIENT ACKNOWLEDGES THAT HE/SHE IS AWARE OF THE INHERENT RISKS OF BEING ON OR AROUND HORSES, IS CAPABLE OF RIDING AND BEING AROUND HORSES, AND APPRECIATES THAT THESE RISKS INCLUDE SERIOUS BODILY INJURY, PROPERTY DAMAGE, AND DEATH, BUT VOLUNTARILY CHOOSE TO ENCOUNTER THESE RISKS ANYWAY THEREBY ASSUMING ALL RESPONSIBILITY FOR ANY INJURY, DAMAGE, OR DEATH CAUSED TO CLIENT AS A RESULT OF BEING ON OR AROUND HORSES.
In consideration for Provider’s equine services and participating in – or observation of – its equine activities including but not limited to horse boarding, riding, trail riding, training, riding instruction, carriage rides, shows, and competitions, Client hereby voluntarily releases, waives, and forever discharges Provider of all actions of whatever kind arising from bodily injury, death, or property damage which relate in any way to Provider’s equine related services and activities so long as such injury, property damage, or death is not caused by an intentional, willful, or wanton act of omission of Provider (i.e. Client releases Provider from liability for damages caused by Provider’s negligent acts or omissions
ALL INDIVIDUALS MUST WEAR A HELMET AT ALL TIMES. AN ASTM/SEI APPROVED RIDING HELMET IS REQUIRED
If Client does not wear an approved riding helmet, Client agrees that he/she will hold Provider harmless from all liability for damages arising from Provider’s equine services so long as such damages are no caused by an intentional, willful, or wanton act or omission of Provider.
Client further agrees to indemnify Provider for, and hold Provider harmless from, all judgments, claims, demands, attorney fees, and costs arising from any such action. Any actions shall be venued in Minnesota and the laws of Minnesota shall apply. If any portion of this release is deemed unenforceable by a court of law, the remainder of the agreement may be severed and remain in effect.
This release I give on behalf of Client, Client’s spouse, Client’s legal representatives , administrators, executors, heirs, and assigns, and in the case of any child or children of Client’s on behalf of them, their legal representatives, administrators, executors, heirs, and assigns. If this release is given on behalf of the vulnerable adult under Client’s care, Client represents that he/she has full authority to execute such release on behalf of the vulnerable adult. This release is an ongoing release that does not expire and remains in effect until Client has revoked it in a writing provided to Provider.
CLIENT ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THIS RELEASE, UNDERSTANDS THAT HE/SHE IS KNOWINGLY AND VOLUNTARILY ASSUMING ALL RISKS ASSOCIATED WITH BEING ON OR AROUND HORSES INCLUDING SERIOUS BODILY INJURY, DEATH, AND PROPERTY DAMAGE, AND RELEASES PROVIDER FROM ALL LIABILITY FOR BODILY INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM PROVIDER’S NEGLIGENCE AND SHALL INDEMNIFY AND HOLD PROVIDER HARMLESS FROM THE SAME.
Under Minnesota Law, the sponsor(s) of this livestock activity are not liable for an injury to or the death of a participant, or spectator in an unauthorized area, resulting form the inherent risks of livestock activities pursuant to Minnesota Stat. 604A.12.
Inherent risk of livestock activities means the dangers or risks arising from the propensity of livestock to behave in unpredictable ways, including, but not listed to,
kicking, biting, spooking, and rearing in response to sound, sudden movement, unfamiliar objects, persons, and other animals.
"Warning: Under Minnesota law, an equine sponsor or 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."
604A.12 Livestock activities: immunity from liability
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "Inherent risks of livestock activities" means dangers or conditions that are an integral part of livestock activities, including:
(1) the propensity of livestock to behave in ways that may result in death or injury to persons on or around them, such as kicking, biting, or bucking:
(2) the unpredictability of livestock's reaction to things like sound, sudden movement, unfamiliar objects, persons, or other animals;
(3) natural hazards such as surface or subsurface conditions; or
(4) collisions with other livestock or objects.
(c) "Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinges, goats, buffalo, Llamas, or poultry.
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