equine activity WAIVER
WARNING UNDER TEXAS LAW CHAPTER 87, CIVIL PRACTICE & REMEDIES CODE, AN EQUINE ACTIVITY 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.
RELEASE AND INDEMNITY AGREEMENT
In consideration of the acceptance of my participation and/or the participation of my child or ward, in renting of a horse, from Old West Stables, and with the understanding that a horse may be started by sudden movement, noise, or other factors, even intentional other factors which are designed to make the horse “bright” such as fireworks, bags, or other noisemakers, and the animal may suddenly shy, rear, stop short, bite, buck, kick, or run with its rider, I AGREE TO ASSUME THE RISKS in participation including but not limited to, those risks set out above and, on my own behalf, or on behalf of my child or ward, and on behalf on my child’s or ward’s heirs, executors, and administrators, RELEASE and forever discharge the released parties defined below, of and from all liabilities, claims, actions, damages, costs, or expenses of any nature, arriving out of or in any way connected with my participation and/or the participation of my child or ward in horseback riding and further agree to indemnity and hold each of the released parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses including but not limited to attorney's fees and disbursements.
The release parties are OLD WEST STABLES, their parent, related, affiliated and subsidiary companies, and their officers, directors, employees, agents, representatives, successors, and assigns of each. I understand that this release and indemnity agreement include any claims based upon the negligence, gross negligence, actions or inactions of any of the above released parties and covers bodily injury death, and property damage whether suffered by me, my child or ward, or my property, before, during, or after such participations in any equine activity.
I have read this document. I understand it is a promise not to sue and to release the stable, its owners, employees and agents, for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to Old West Stables allowing men or my child or ward to ride or handle a horse. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of horseback riding experience.
PROTECTIVE HEADGEAR/HELMET WARNING AND OFFERING
I/WE ACKNOWLEDGE THAT: I, for myself and on behalf of my child and/or legal ward, have been fully warned by THIS STABLE that protective headgear/helmet should be worn while riding, handling and/or being near horses, and I understand that the wearing of such headgear/helmet at these times may reduce severity of some of the wearer’s head injuries and possibly prevent the wearer’s weather from happening as the results of a fall and other occurrences.
I/WE ACKNOWLEDGE THAT: THIS STABLE has offered me and/or my child protective headgear/helmet. I/WE ACKNOWLEDGE THAT: Once provided, if I choose to wear the protective headgear/helmet offered, that I/WE will be responsible for properly securing the headgear/helmet on the participant’s head at all times. I am not relying on THIS STABLE and or its associates to check any headgear/helmet or headgear/helmet strap that I may wear, or to monitor my compliance with this suggestion at any time now or in the future.