Rainbow Ranch, Inc and Rainbow Ranch, Inc dba Stony Lake Stables

Agreement, Waiver of Liability, Release and Indemnification Agreement

 

I hereby sign this Agreement for myself, and on behalf of my spouse/partner, my minor child(ren), and any other minors in my temporary care or custody, to participate in all activities offered by Rainbow Ranch, Inc or Rainbow Ranch, Inc dba Stony Lake Stables (collectively referred to as “SLS”).  Any reference to “I”, “my”, “our”, “we” and “us” shall include all such persons (the “Participants”).

In consideration for the Participants’ participation in the activities stated below, I hereby acknowledge that the use of the facilities and/or participation in the activities, including but not limited to equine activities such as riding horses, horse riding lessons, riding in horse-drawn and tractor-drawn vehicles or trailers, hay rides, cart rides, carriage rides, wagon rides, sleigh rides and any activities related to the aforementioned (collectively hereinafter referred to as the “Activities”) will expose us to above-normal risks and are each hazardous and involve a risk of physical injury or death.  The hazards include, but are not limited to, loss of control of horses by me or others, falls, collisions with man-made and natural objects and with other participants, varying weather, snow, ice and terrain conditions, stationary or falling trees (including branches and/or twigs), actions of wildlife, and/or unpredictable actions of the horses, including other riders’ horses.  Those dangers also include injuries which can result from variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees and other forms of natural growth or debris, collisions with signs, fences, with other persons or with properly marked or plainly visible equipment.

I accept the risks and dangers of the Activities.  I understand that medical or emergency transportation may not be readily available.  I represent that we have no health or physical problems that might interfere with, or cause risk to any of us or others from, our use of the facilities or participation in the Activities. 

1. In consideration of being able to engage in any of the Activities, and on behalf of the Participants:

a.  I assume and accept all risks and any injuries and the hazards involved in the Activities;

b.  I agree that I am responsible for our safety;

c.  I agree that I am solely responsible for injuries incurred by us;

d.  I agree that I am the final judge of our abilities; and

e.  I agree that we shall follow all the rules and policies established for the Activities, and directions of SLS staff.

 

2.  I release, waive and agree not to sue SLS or any person or entity connected with or agent or employee of SLS, or the premises upon which the Activities take place (the “Protected Persons”) as to any claim for damages caused, or partially caused, by any act or omission of any of the Protected Persons or any other participant in the Activities, even if caused by negligence.  I understand that I am giving up the right to sue for their negligence.

 

3. I agree to hold harmless and indemnify the Protected Persons from all damages and costs claimed by anyone else caused, or partially caused, by our acts or omissions, whether or not caused by negligence.  I understand that “to indemnify” means that I accept the sole responsibility for any and all damages and costs claimed by any other person against SLS.  I understand that I am giving up the right to sue for their negligence.

 

4. If I am renting equipment in connection with the Activities, I accept the equipment “as is” and accept full responsibility for the care of the equipment while it is in my possession. I understand and agree that I am responsible for the full replacement value of any equipment not returned, and I agree to pay for all damages to the equipment which exceeds normal wear and tear.

5. If I am signing this Agreement on behalf of a minor child(ren):

a.  I represent and warrant that I am the parent, legal guardian, or person with the temporary care or custody of any child(ren) that will be participating in any such Activities, and that such child(ren) is/are in good health, and there are no special problems associated with the child(ren)’s care;

b.  I accept sole responsibility for all of the child(ren)’s care and treatment expenses incurred resulting from the Activities;

c.  I agree to indemnify the Protected Persons as to any and all claims brought by the child(ren) or by a third party arising out of the child(ren)’s participation in the Activities, and that I am solely responsible for injuries incurred by the child(ren);

d.  I understand that children under the age of 12 must be accompanied by an adult.

6. I acknowledge that a safety helmet is highly recommended because it may prevent or reduce the severity of some head injuries, and may even prevent death. 

 7. If SLS retains an attorney, or undertakes any action to collect any amounts due, or if SLS initiates or is made a party to any legal action relating to my participation in any Activities or arising under this Agreement, I will be liable for SLS’s reasonable costs and attorney’s fees, if SLS prevails in such action.
 

8. Any claims arising from the Activities shall be governed by Michigan law, and any action brought under this Agreement shall be commenced in a court of competent jurisdiction in Oceana County, Michigan.
 

9.  This Agreement shall be binding on my estate, personal representatives, trustees successors and assigns, as well as any other party asserting a claim on my behalf or on behalf of my estate.

 

10.  This Agreement constitutes the entire agreement and understanding by and among the parties hereto, and may not be orally amended.  No employee or agent of SLS has the authority to orally amend this Agreement.  If any portion of this Agreement is determined to be invalid, balance of the Agreement shall nonetheless be deemed valid.

 

11.   I hereby grant SLS permission to use Participants’ likeness in a photograph, video, or other printed or digital media ("Media") in any and all of its publications or advertising, including web-based, without payment or other consideration. I understand and agree that all Media will become the property of SLS and will not be returned. I hereby irrevocably authorize SLS to edit, alter, copy, exhibit, publish, or distribute Media for any lawful purpose.

WARNING:  UNDER THE MICHIGAN EQUINE ACTIVITY LIABILITY ACT, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN AN EQUINE ACTIVITIES RESULTING FROM AN INHERENT RISK OF THE EQUINE ACTIVITIES.

I HAVE CAREFULLY READ THIS DOCUMENT, UNDERSTAND ITS CONTENTS AND AGREE TO IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.  I AM AT LEAST 18 YEARS OF AGE.