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Terms and Conditions
1. Inherent Risks and Assumption of Risk. User acknowledges there are inherent risks associated with equine activities as described below and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in injury harm or death to persons on or around them; the unpredictability of equine’s reaction to such things as sound, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and/or subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability. User acknowledges that horses, by their very nature are unpredictable and subject to animal whim. User assumes all risks in connection therewith, and expressly waives any claims for injury or loss arising therefrom. Users agree to abide by and follow Manager’s direction and/or rules and regulations which shall be posted and/or available for review. User further acknowledges that the behavior of any animal is contingent to some extent upon the ability of User. User assumes all risks therefore and warrants that a full and fair disclosure of User’s abilities has been made to Manager. User expressly releases Management from any and all claims for personal injury or property damage, even if cause by negligence of Management or its representatives, agents or employees. User assumes full responsibility for any and all bodily injuries and damages which User may sustain when on, near, or off of the property where Management operates as well as when riding horses, on, near, or off of said property. User, or User’s heirs, administrators, personal representatives, or assigns release and discharge Management and its respective members, owners, agents, officers, directors, partners, employees, managers, volunteers, trainers, instructors, heirs, representatives, assistants, insurers, assigns and others acting on its behalf from all claims, demands, actions, omissions, rights of action, or causes of action (present and future), whether the sums be known or unknown, anticipated or unanticipated, resulting from or arising from User’s or User’s guest’s bodily injury or damage that may be sustained or property damage which may occur as a result of User being on, near, or off of the premises of Management or the premises that Management is operating from, unless Management caused the injury, damage, or loss intentionally or in reckless disregard for User’s safety. WARNING Under Montana Law, an equine activity sponsor or an equine professional is not liable for any injury to or death of a participant engaged in an equine activity resulting from risks inherent to equine activities.
2. User agrees to assume any and all risks involved in or arising out of User’s use of any equipment or livestock pertaining to the rental of horses, taking riding lessons, the use of any arena on the premises of Management and for purposes of taking riding lessons either on the premises or lessons given off premises by Management personnel.
3. USER (OR USER’S PARENT OR GUARDIAN IF USER IN A MINOR) AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGEMENT AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, WHICH MAY BE IN ANY WAY CONNECTED WITH USER’S USE OF OR PRESENCE UPON THE PROPERTY OF MANAGEMENT AND THE FACILITIES LOCATED THEREON. In the event User is a minor, the parent or guardian shall further indemnify, defend and hold Management harmless from any such claims by said minor child.
4. In the event User is using User’s own horse, or horse(s) not owned by Management, User warrants said horse(s) shall be free from infection, contagious or transmittable diseases. Management reserves the right to refuse access or use to any horse upon premises that does not appear to management to be in good health, or is deemed dangerous or undesirable.
5. User understands that Management has advised User to wear properly fitted and secured protective equestrian headgear when riding or being near horses in order to prevent or reduce the severity of some head injuries as a result of a fall or other occurrences. User assumes all risk of injury or death by choosing not to wear such protective headgear. Assuming User is a minor, User is required to wear such headgear and such requirement cannot be waived.
6. Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim. User agrees that damages shall be limited to $250.00 for property damage, actual expenses incurred, and a maximum of $5,000.00 for non-consequential damages such as pain and suffering. 7. User agrees to waive the protection of any applicable statutes in this 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 this release.
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