PARTCIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Jorgenson Enterprises and or Gerhard Jorgenson, their agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as JE). I hereby agree to release indemnify, and discharge JE, on behalf of myself. My spouse, my children, my parents, my heirs, assigns personal representative and estate as follows:
1. I acknowledge that an equestrian activity entails known and unanticipated risk that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualifies of the activity.
I am aware and understand that there are inherent DANGERS, HAZARDS, and RISKS, (collectively called RISKS) associated with Equine Activities. I acknowledge that these Inherent “RISKS” of Equine Activities mean those DANGEROUS conditions, which are an integral part of Equine Activities, including but not limited to:
1) The propensity of any equine to behave in ways that may result in injury, harm or death to person on or around them and/or damage to property in their vicinity;
2) The unpredictability of an equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals;
3) The equine’s response to certain hazards such as surface or subsurface objects;
4) Collisions with other equines, animals, people, and objects;
5) The potential of any 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 equine or to act within his or her ability.
Furthermore, JE employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
1. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless JE from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity of my use of JE equipment of facilities, including any such claims which allege negligent acts or omissions of JE.
3. Should JE or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
5. In the event that I file a lawsuit against JE, I agree to do so solely in the state of WA, and I further agree that the substantive law of WA shall apply in that action without regard to the conflict of law rules of the state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against JE on the basis of any claim from I have released them herein.
Signature of Participant: _______________________________________ Print Name ______________________________________
Phone: ________________________________________ Date ______________________________
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18)
In consideration of _________________________(print minor’s name) (“Minor”) being permitted by JE to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless JE from any and all claims which are brought by, or on behalf or Minor, and which are in any way connected with such use or participation by Minor.
Riders under the age of 14 are required to wear a helmet at all times during the activity. Riders between the ages of 14 and 18 may waive the use of a helmet through the approval of his or her legal guardian.
I acknowledge that I have been offered the use of a helmet. I accept __________ or decline __________.
Signature of Participant: _______________________________________ Print Name ______________________________