Waiver and release of Liability

RELEASE OF LIABILITY

                                                               PARENT/MINOR

            WITNESS THIS AGREEMENT this ______ day of _________________, 20__, by and between Loretta & Peter Arey 20/20 Horsemanship and any and all staff or volunteers, hereinafter referred to as MANAGEMENT and STAFF and _______________________, hereinafter referred to as RIDER, and, if Rider is a minor, Rider's parent or guardian, ____________________________________.  In consideration received, and in return for the use, today and on all future dates of the property, facilities and services of Manager, Manager's instructors, employees and agents; Rider, Rider's heirs, assigns, and representatives, hereby agree as follows:

            1.         Inherent Risks and Assumption of Risk.  The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities.   The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a 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 animal or not acting within such participant’s ability.

            Rider or parent acknowledges that horses, by their very nature are unpredictable and subject to animal whim, which may include behavior including but not limited to their propensity to kick, bite, shy, buck, stumble, bolt, rear or general unpredictability.  Rider or parent assumes all risks in connection therewith, and expressly unpredictability.  Rider or parent assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom.  Rider or parent agrees to abide by and follow Manager's rules and regulations which, shall be posted and/or available from time to time.  Rider or parent further acknowledges that the behavior of any animal is contingent to some extent upon the ability of Rider.  Rider or parent assumes all risks therefor and warrants a full and fair disclosure of Rider's abilities has been made to Manager.

            Rider or parent expressly releases Manager from any and all claims for personal injury, or death, property damage, even if caused by negligence (if allowed by the laws of this State) by Manager or its representatives, agents or employees.

            Warning

          Under Virginia Law, an equine activity sponsor or an equine professional shall not be liable for an injury to or death of a participant engaged in an equine activity resulting from the inherent risks of equine activities pursuant to Va. Code Ann. §3.1-796.132.

            2.         RIDER (OR RIDER’S PARENT OR GUARDIAN) AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGER AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH RIDER'S USE OF OR PRESENCE UPON THE PROPERTY OF MANAGER AND THE FACILITIES LOCATED THEREON.  In the event rider is a minor, the parent or guardian shall further indemnify, defend and hold Manager  harmless from any such claims by said minor child, regardless of any statute of limitations or contractual limitation of actions..

            3.         In the event Rider is using Rider's own horse, or a horse(s) not owned by Manager, Rider warrants said horse(s) shall be free from infection, contagious or transmittable diseases.  Manager reserves the right to refuse access or use of any horse upon the premises that does not appear to Manager to be in good health, or is deemed dangerous or undesirable.

            4.         Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim.  Rider agrees that damages shall be limited to $250 for property damage, medical or other actual expenses incurred, and a maximum of $10,000 for damages such as pain and suffering.

            5.         Rider or parent agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.

Manager		Rider I understand that my signature means I have read and understand this document.
Parent or Guardian if Rider is a Minor Address ­­­­­­­­­­­­­­­­­­­­­­­­­ Phone Emergency contact info and phone

I understand that my signature means I have read and understand this document.

Loretta
 the natural horseman
 clear communication/visible results

Risk: Inherent, Calculated or Unnecessary

Risk defined:

• hazard: a source of danger; a possibility of incurring loss or misfortune;
• a venture undertaken without regard to possible loss or injury;
• expose to a chance of loss or damage

Risk is a common word when one is around equines.  We've all seen and signed the release of liability which refers to the 'inherent' risk of being around equines, simply because of their nature.   In simple terms this means that merely grooming a horse puts you at risk of a possible injury because the horse is unpredictable.

When we add things to the mix, our risks increase.  The risk of being injured increases when I am finished grooming and decide to mount the horse.  The risk increases again if I ride on a trail as opposed to in a ring or other confined area.  

Here's where the area of risk can become gray.  Even though there are many inherent risks associated with equines, there are things we can do to minimize them.  If we choose NOT to do them, then we have taken an UNNECESSARY risk.  Here are some examples:

• Choosing to wear a helmet vs. not wearing one.
• Doing ground work before riding vs. hopping right on.
• Choosing not to ride if your mount seems to be off that day, or spooky, or if it's very windy, etc...

So, what is a calculated risk and how is it different from an unnecessary one?  A calculated risk is one that is necessary for what needs to be accomplished.  The key word here is NECESSARY.  As a horse trainer I need to teach my horses to stand quietly for the farrier.  That means I need to pick up their feet often.  Being close to the horse's feet puts me in a risky position, one in which I can easily be kicked by an untrained horse.  However, they need to learn this and that is my job.  I then can deduce how risky the situation is and act accordingly.  If their behavior is such that I feel I am going to be kicked, perhaps that day's lesson will be on standing still quietly.  With horses we are always making adjustments.

How do we determine what is necessary or not?  If you are a rider, then getting on the horse is a necessary risk. Riding in 50MPH winds is unnecessary.  Typically I have found that necessary = have to and unnecessary = a choice.

This also flows over into our day to day handling of our horses.  My horses would love to go out into their field, but it is an icy mess, so I keep them in.  I CHOOSE to keep them in because of the risk of one of them falling and getting hurt.  Do I feel badly because I know they want to go out?  No!  I know what is best for them.

I find myself assessing risk more times a day than you would believe.  The horse is in my way when I am going to feed,  somehow I got behind him and within kicking distance, one horse moves another into my space, they want to crowd me for attention while I am mucking.  

I will continue to strive to become a better evaluator of risk for myself and for those around me.

Loretta


 the natural horseman


 clear communication/visible results