BY ELECTRONICALLY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, WHICH MAY INCLUDE THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR ELECTRONIC SIGNATURE INDICATES YOUR UNDERSTANDING OF, AND AGREEMENT TO, ITS TERMS.
THE (“Undersigned”), ON BEHALF OF MYSELF, MY PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN, SPOUSE AND ASSIGNS, I HEREBY:
1. Acknowledge that a horse or mule may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, saddles or bridles may loosen or break – all of which may cause the rider to fall or be jolted, resulting in serious injury or death.
2. Acknowledge that horseback riding is a dangerous activity and involves RISK that may cause SERIOUS INJURY AND IN SOME CASES DEATH, because of the unpredictable nature and irrational behavior of horses or mules, regardless of their training and past performance.
3. Voluntarily assume the risk and danger of injury or death inherent in the use of the horse, mule, equipment and gear provided to me by the Stable.
4. RELEASE, DISCHARGE AND PROMISE NOT TO SUE the Stable, doing business under its own name or an other name and/or any of its owners, officers, employees and agents (hereinafter the “RELEASED”), from any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my persons or property.
5. Release the Stable from any claim that the Stable is or may be negligent in connection with my or my minor child's riding experience or ability including but not limited to training or selecting horses or mules, maintenance, care, fit or adjustment or saddles, bridles, instruction on riding skills or leading and supervising rides.
6. INDEMNIFY, AND SAVE AND HOLD HARMLESS the Stable or any of its employees, guides, volunteers or wranglers with regards to misuse of the horses or mules or any equipment or gear provided therewith.
7. Agree to abide by and follow any instructions given or rules established by the Stable or any of its employees, guides, volunteers or wranglers with regard to my or my minor child's use of the horse or mule or any equipment or gear provided therewith.
8. The undersigned expressly agrees the foregoing release and waiver of liability; assumption of a risk, an indemnity agreement is governed by the State of Arizona and is intended to be as broad and inclusive as is permitted by Arizona law, and that in the event any portion of this agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of this agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
9. Acknowledge that this document is a contract and agree that if a lawsuit is filed against the Stable or its owners, agents, employees, guides, volunteers or wranglers for any injury or damage in breach of this contract the Undersigned will pay all attorney’s fees and costs incurred by the Stable in defending such action.