ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
I ___________________________ (hereafter, "Participant", which term includes Participant’s parent or legally-appointed Guardian, if a minor), freely and voluntarily seek to participate in any or all programs, events and/or activities sanctioned, produced, or sponsored by Kelly Gee / Wasatch Peak Vaulters / Wasatch Peak Horsemanship / Zebb's Inc. that include educational and training programs, youth programs, clinics, and/or competitions at any time and at any location. These activities, programs, and events will hereafter be referred to as “Activities,” and Kelly Gee / Wasatch Peak Vaulters / Wasatch Peak Horsemanship / Zebb's Inc., together with its sponsors, managers, property owners, officials, organizers and affiliates and their respective directors, officers, members, employees, agents, volunteers, representatives, and designated officials, will collectively be referred to as "Event Sponsor.” In consideration of the Event Sponsor allowing Participant to participate in Activities, now and in the future, Participant agrees as follows:
1. Acknowledgment of Inherent Risks of Equine Activities/Assumption of Risks. Participant acknowledges that there are numerous inherent risks of equine activities, whether preparing for, entering, attending, participating in, or leaving the Event. The inherent risks include those dangers and conditions which are an integral part of equine activities, including, but not limited to: (a) the propensity of an equine or other animal to behave in ways that may result in injury, harm, or death to persons on or around them; (b) the unpredictability of the equine’s reaction to such things as sounds, sudden movements and unfamiliar objects, persons or other animals; (c) certain hazards such as surface or subsurface conditions; (d) collisions with other animals or objects; (e) the potential of a participant or other Participant to act in a negligent manner that may contribute to injury to the participant, Participant, or others, such as failing to maintain control over the equine or not acting within his or her ability; (f) the breakage or failure of tack or other equipment; and (g) the potential that an equine or animal may cause injury or harm to the rider or other persons or animals in the vicinity. Participant is not relying on Event Sponsor to list within this document all possible inherent risks or all risks of participating in any of Activities at any location.
2. Waiver and Release of Liability. With full knowledge and appreciation of these and other inherent risks associated with equine activities and Activities, Participant freely and voluntarily assumes the risks of the equine activities involved in any aspect of them. In this connection, Participant also voluntarily agrees to waive any and all rights to sue and hereby releases the Event Sponsor from all liability, loss, claims, or actions for injury, death, expenses, or damage to person or property resulting from the inherent risks of the Event, or resulting from any action or inaction by the Event Sponsor. This waiver and release is effective even if the injury, death or damage to person or property is caused by, or contributed to by, actions or failure to act of the Event Sponsor and which actions or inactions constitute ordinary negligence or a violation of any applicable law pertaining to equine activity liabilities. Neither Participant nor Participant's representatives shall make any claim against, maintain an action against, or recover from the Event Sponsor or its sponsors, directors, officers, members, employees, agents, volunteers, representatives, designated officials, or others acting on their behalf for injury, loss, damage or death of the Participant, to the Participant’s horse, or to the Participant’s personal property (regardless of ordinary negligence by the Event Sponsor or regardless of an alleged violation of an applicable equine activity liability law).
3. Equine Liability Act. Should the Activities take place in a state with an equine activity liability law, Participant acknowledges reading the applicable state warnings and/or provisions set forth below and on the next page (if any).
UTAH Pursuant to the Utah Equine Activity Liability Act, § 78-27b-101, et seq., it shall be presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with these activities. An equine activity sponsor, equine professional, livestock activity sponsor, or livestock professional is not liable for an injury to or the death of a participant due to the inherent risks associated with these activities. “Inherent risk” with regard to equine or livestock activities means those dangers or conditions which are an integral part of equine or livestock activities, which may include: (a) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (b) the unpredictability of the animal’s reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (c) collisions with other animals or objects; (d) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such failing to maintain control over the animal or not acting within his or her ability.
4. Miscellaneous. This document is intended to be as broad and inclusive as applicable state law permits. If any clause conflicts with applicable law, only that clause will be void but the remainder shall stay in full force and effect.
In signing this agreement, I claim understanding of all the foregoing information and of the following bold points:
I know that a horse is an animal and that the actions of animals cannot be controlled.I know that a horse is an animal and that it will not always act the same way each time it is ridden.I know that a horse is an animal and that it will not always act the same for me as for other riders.I know that a horse can bite, kick, rear, buck, lay down, run away, and otherwise act unpredictably.I know that riding a horse can cause severe injury or death.I know that Kelly Gee/ Wasatch Peak Vaulters / Wasatch Peak Horsemanship / Zebb's Inc. cannot be responsible for the actions of a horse. I HAVE READ THIS ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, I UNDERSTAND THAT IT IS RELEASE OF CLAIMS AND THAT I AM ASSUMING RISKS INHERENT TO MY PARTICIPATION, AND I AGREE TO BE FULLY BOUND BY ITS TERMS
________________________________________ __________________________________ ___________ Signature of Participant Printed Name Date
____________________ Date of Birth
IF Participant IS UNDER 18 YEARS OF AGE:
_________________________________________ __________________________________ ___________ Signature of Parent of Legally-Appointed Guardian Printed Name Date
_______________________________________________________________________________________________ Full Address of Participant and Parent or Legally-Appointed Guardian
______________________________ Participant’s Date of Birth
Wasatch Peak Vaulters has permission to publish photo's / video of me / my child Yes ______ No ______
Wasatch Peak Horsemanship has permission to publish photo's / video of me / my child Yes ______ No ______
Cedar Valley Stables has permission to publish photo's / video of me / my child Yes ______ No ______