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HORSE RIDING AGREEMENT AND LIABILITY RELEASE FORM
This form must be completed by and for each participant.
BUSINESS OWNER'S NAME IS HORSESPA, Xanthos Equine and Yasmin Assemi, hereinafter known as HORSESPA.
LOCATION: 2454 Monument Road San Diego, CA 92154 and the surrounding area or trails or the area in which the mobile services are conducted.
*PLEASE READ CAREFULLY BEFORE SIGNING*
SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. HORSESPA DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR HORSE. IT IS HEREBY AGREED TO AS FOLLOWS THAT:
A. REGISTRATION OF RIDERS AND AGREEMENT PURPOSE I, the following individual hereinafter known as the “RIDER”, and the parents or legal guardians thereof if a minor, do hereby voluntarily request and agree to participate in horse riding with Horse Spa either on site or off- site and that this RIDER will ride his/her own horse or one borrowed or leased by RIDER’S own arrangement today and on all future dates.
Payments and Reservations: Once booked rides may not be cancelled or rescheduled without forfeiting the deposit. Deposits are non-refundable and must be made at the time of booking. Deposits may only be applied to the option booked. If a group of riders is booked, then the person booking must agree to the terms for the entire party. A $50 deposit per rider is required to book your reservation. The remaining balance due will be paid the day of your ride when you arrive in CASH only. We do not have the ability to process credit cards at the ranch and do not accept personal checks.
B. AGREEMENT SCOPE AND TERRITORY AND DEFINITIONS – This agreement shall be legally binding upon me the registered RIDER, and the parents or legal guardians thereof if a minor, my heirs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of California, USA . Any disputes by the RIDER shall be litigated in and venue shall be California, USA.
The term “HORSE” herein shall refer to all equine species. The term “HORSEBACK RIDING” or “RIDING” herein shall refer to riding or otherwise handling of horses, ponies, mules, or donkeys, whether from the ground or mounted. The term “RIDER” shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground.
The terms “I”, “me”, “my” shall herein refer to the above registered rider and the parents or legal guardians thereof if a minor.
C. ACTIVITY RISK CLASSIFICATION – Horseback riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. According to NEISS (National Electronic Injury Surveillance Systems of United States Consumer Products) horse activities rank 64th among the activities of people relative to injuries that result in a stay at U.S. hospitals. Related injuries can be severe, requiring more hospital days and resulting in more lasting residual effects than injuries in other activities.
D. NATURE OF RIDING HORSES – No horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from a horse to ground it will generally be at a distance of from 31/2 to 51/2 feet, and the impact may result in injury to the rider. Horseback riding is the only sport where a much smaller, weaker predator animal (human) tries to impose its will on, and become one unit of movement with, another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short, changing directions or speed at will; shifting its weight; bucking; rearing; kicking; biting; or running from danger.
E. RIDER RESPONSIBILITY – Upon mounting a horse and taking up the reins, the RIDER is in primary control of the horse. The RIDER’S safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal. The RIDER shall be responsible for his/her own safety.
F. CONDITIONS OF NATURE – HorseSpa is NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: thunder, lightening, rain, wind, wild and domestic animals, other horses, cars, dogs, bicycles, ATV's, insects, reptiles, which may walk, run, fly near, bite and/or sting a horse or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape.
G. INPSECTION OF PREMISES – RIDER has inspected HorseSpa facilities and agrees that the State of California maintains the off-site trails to ensure that they are suitable for Horseback Riding activities including riding on the trails, and is satisfied that all premises conditions are reasonably safe for RIDER’S intended purpose, usage and presence upon the HorseSpa premises.
H. ACCIDENT/MEDICAL AND PERSONAL LIABILITY INSURANCE – Should medical treatment be required, I and/or my own accident/medical insurance company shall pay for all such incurred expenses. Should my actions or that of my horse cause injury or damage of any kind to other person's property or the property of HorseSpa, I and/or my own personal liability shall pay for such damages. If I do not have Personal Liability Insurance, then I am participating with the full knowledge that I will be required to pay for the damages to equipment and personal property that I cause or the horse under my control causes.
I. PROTECTIVE HEADGEAR WARNING – I have been fully warned and advised by HorseSpa that the RIDER should wear protective headgear (riding helmet), and that the wearing of such headgear while mounting, riding, dismounting, and otherwise being around horses, may prevent or reduce severity of some head injuries and even prevent death from happening as the result of a fall or other occurrence.
J. LIABILITY RELEASE – In consideration of HorseSpa allowing my participation in this activity, under the terms set forth herein, I, the RIDER, and the parent or guardian thereof if a minor, do agree to hold harmless and release HorseSpa, its owners, agents, employees, officers, members, premises owners, insurers, and affiliated organizations from legal liability due to HorseSpa ordinary negligence; and I do further agree that except in the event of HorseSpa gross negligence and willful and wanton misconduct, I shall not bring any claims, demand, legal actions and causes of action, against HorseSpa and/or its associates, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of HorseSpa, to include while riding, handling, or otherwise being near horses owned by or in the care, custody and control of HorseSpa.
SIGNER STATEMENT OF AWARENESS
I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. I/WE FURTHER ATTEST THAT ALL FACTS RELATING TO THE APPLICANT ARE TRUE AND ACCURATE.
This release is not mandatory. If you do not agree with the terms or wish to negotiate the terms of this Liability release, then you must notify us. If you don't like the terms of this release, you have several options for participating in Equine activities with HorseSpa with different terms. There are certain risks that are inherent to horseback riding as a recreational activity, one of which may be that horses move unexpectedly.
HorseSpa will not negligently pair you with an inappropriate horse. We will pair you with a horse based on the ability level that you list below. All of our instructors have been trained to handle our horses safely. If you list yourself as an advanced rider, you must tell us the length of time since you have last ridden.
An inherent risk of Horseback Riding is falling off or being thrown off the horse due to sudden movements or loss of balance. If this occurs, it is not due to negligence on the part of HorseSpa Staff. It is because falling off is part of the activity that you are choosing to participate in. When horses move unexpectedly, you must be able to maintain your balance and control the animal or you will fall off. Individuals who ride horses regularly have fallen from a horse at least once as part of the learning process. If you do not wish to accept this risk as part of the activity, and do not agree with the release terms, you have the right to negotiate the terms, however the activities with the horse will be severely modified.
If you do not agree to the terms, then you will still be allowed to participate, however you will have restrictions placed on what you are able to do with the horse. This includes handling the horse from the ground instead of from its back, staying outside of the enclosure to interact with the animal and wearing a helmet at all times while on the ranch premises or when interacting with the horse. If you signed up for a particular activity with the horse, but do not agree to the terms, then the activity will be modified to allow for increased safety measures to protect you.
Pregnant women, people who have sustained injuries that may be worsened by riding, have severe asthma or very young children may not be able to participate.
We are not responsible for items lost, damaged or stolen, including damage to your vehicle or theft while on the premises.
If at any time I feel unsafe, uneasy or out of control, I agree to dismount immediately and notify the staff member in charge. I will not wait to ask if I should get off the horse, I will simply dismount and ask for help after I have gotten off the horse. This is to ensure my own safety. I understand that this is a very important part of riding safely and agree to follow these instructions or there will be a high risk of falling from the horse, which I am choosing for myself. I understand that while on the ranch premises, there is always an inherent risk of being injured due to an animal getting loose or other unforeseen circumstances. I agree to use proper safety measures and pay close attention to my surroundings at all times while in the presence of the horses. I agree to park my vehicle in designated parking areas only to minimize the risk of damage to my vehicle.
Arbitration Agreement: If I have an issue or complaint about anything that occurs during the time that I am with HorseSpa, I agree to contact HorseSpa first, in writing at HorseSpa@HorseSpa.com and by phone before I discuss the issue with a third party.
Important: You must keep your distance while riding. Riders agree to keep the horse under their control a minimum of 3 feet distance away from the other horses. Horses may get scared or aggressive if approached closely by another horse. This may cause one or both horses to move suddenly, kick or bite each other, which may cause the rider to be unseated and result in the rider falling to the ground. If you choose to ignore this and allow your horse to approach another rider's horse too closely, you are endangering not only yourself, but also the other riders.
By e-signing below, you are agreeing to the terms listed above.