Julie Goodnight Horsemanship Clinics
March 25-26, 2017
Goodnight Training Stables, Inc.
Liability Waiver & Release / Name & Likeness Consent & Release
This is a binding legal document that implicates your rights and obligations. You are strongly advised to take the time to read and understand it.
In consideration of the professional instruction and information shared with me while participating in the Julie Goodnight Horsemanship Clinic (the “Clinic”) and for my exposure to equestrian activities, including clinics, groundwork, riding, driving, packing and other professional instruction, the undersigned agrees to the following ...
ALL CLINIC PARTICIPANTS INCLUDING ALL ADULT HORSEBACK RIDERS, 18 OR OLDER, OR PARENTS OR GUARDIANS OF ANY HORSEBACK RIDER UNDER THE AGE OF 18, MUST CAREFULLY READ AND EXECUTE THE PREPARATION FORM ACCOMPANYING THIS LIABILITY WAIVER & RELEASE, REPRINTED IN PART BELOW FOR THE CONVENIENCE OF PARTICIPANTS, AND MUST HONOR THE INSTRUCTIONS THEREIN. BY SIGNING THE PREPARATION FORM, THE SIGNER REPRESENTS AND WARRANTS THAT S/HE HAS DONE SO IN PREPARATION FOR THE CLINIC.
I am hereby advised to wear a well-fitted helmet, hard hat, or similar protective head gear, fastened securely under the chin, while working around or riding horses, to prevent injuries. I am hereby advised to always wear hard-soled, fully-enclosed shoes or boots and socks to protect feet and long pants to protect legs while working around or riding horses.
The Nature and Physical Character of the Horse
1. I am advised that, while domesticated, well-trained horses are usually obedient, docile and often affectionate, it is important to understand that their survival instincts are what has allowed the horse to survive from prehistoric times to the present day.
2. I am advised that horses are unpredictable by nature, with minds of their own, as are all animals both domestic and wild. The horse is often somewhat high strung or nervous by nature. Horses are physically powerful and extremely heavy, weighing from 600 to 1300 pounds on the average. These characteristics deserve a human being's utmost respect and caution.
3. I am advised that, when a horse is frightened, angry, under stress or feels threatened, it is his instinct to jump forward or sideways, to run away from perceived danger at a trot or gallop at speeds up to 35 miles per hour.
4. I am advised that, if a horse is frightened or feels threatened from behind, it may kick straight back, sideways in either direction, or even forward with any of its legs with tremendous force.
5. I am advised that, if a horse is frightened or feels threatened from above or to its back, it may hunch its back and buck in a way that could throw a rider to the ground with tremendous force.
6. I am advised that, if a horse is frightened or feels threatened from the front, it may naturally react by rearing up with its front legs, strike with one or both front legs, bite with its teeth, throw its head up or from side to side, or run directly over whatever it fears in front of it.
7. I am advised that a human must always approach a horse calmly, quietly and cautiously, preferably from near its shoulder or lower neck, talking soothingly to it.
8. I am advised that loud and/or sudden or unexpected movements, dropping of objects near a horse, approaching vehicles or animals or people, ill-fitting equipment or physical pain can provoke a domesticated horse to react according to his natural protective instincts.
9. I am advised that the first signs of danger or fear in a horse are the sudden tensing of the muscles of the body, possibly laying its ears flat back against its head, or quickly tossing or raising its head, or sudden snorting through the nostrils accompanying at least one other warning sign.
10. I am advised that a horse can see independently with each eye, actually looking in one direction with one eye and another direction with the other eye, or it can focus both eyes on one object somewhere in front of it; that usually the direction the ear is pointing will tell an observer where the eye on the same side is looking, and consequently, where the horse's attention is focused.
11. I am advised that a horse has two blind areas around which it cannot see. It cannot see directly behind it, nor what it is eating. This is the reason it is best to approach a horse close to the shoulder, and never to surprise a horse from the rear or to reach first for the horse's mouth
12. I am advised that while a horse is very sure-footed by nature, it may accidentally step on an object such as a human foot when it is balancing itself or turning around; also that if a horse is ridden or worked on unstable ground or slippery grass or footing, it could fall, injuring a rider or handler.
The above statements are not meant to be an exhaustive list of advisements or warnings related to participation in the Clinic.
LIABILITY WAIVER & RELEASE
I have read and signed, and I understand, the information contained in the form accompanying this Liability Waiver & Release entitled "Preparation Form."
I acknowledge that horses and mules and equestrian activities in general are inherently dangerous and that the use, handling and riding of a horse involves extreme risk of personal physical injury and, in more serious cases, death and injury to property; and that a horse, irrespective of its training and usual past behavior and characteristics, may act or react unpredictably at times.
I acknowledge the above risks are present during any interaction with horses and throughout the Clinic. For example, I may be asked to demonstrate my horse's problem, and doing so may expose me to risks. I also acknowledge that injuries may be caused by other participants, arena conditions including, but not limited to, uneven or damaged terrain, the presence of moisture or mud, obstacles and obstructions upon or under the terrain and other natural or man-made conditions.
I voluntarily, knowingly and intelligently assume these risks and expressly waive any claim I may otherwise have whether in contract, tort or other discipline, in law or in equity, against Goodnight Training Stables, Inc., Julie Goodnight, the owner of any real property associated with the Clinic including, but not limited to, the arena and horse facility, as well as the officers, directors, employees, agents, contractors, assigns or representatives of any and all of the foregoing (the "Indemnitees"); and I release any claim I may have against the Indemnities including recovery of any and all costs, damages, losses, injuries, medical expenses, property loss, attorneys' fees, court costs, jury verdicts, settlement amounts, or other monetary damages incurred by me or assessed against Indemnitees arising in any way from my participation, or as appropriate my child's participation, in the Clinic or any horse-related activity. I further agree to hold harmless and indemnify the Indemnitees for any claims, demands, or lawsuits brought by anyone, including my child, for any claim whatsoever against the Indemnitees related to the Clinic. I understand all claims are forever barred by this Release and that the word "claims" includes all actions, claims and grievances, whether actual or potential, known or unknown and specifically, but non-exclusively, all claims arising out of the matters contemplated herein.
Warning: Under Tennessee Law, an 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, pursuant to Tennessee Code Annotated, title 44, chapter 20.
I acknowledge and understand that Goodnight Training Stables, Inc. and Julie Goodnight, personally, as equine professionals, enjoy liability protection under Tennessee Code Annotated, Title 44, Chapter 20 (Equine Activities—Liability). Clinic participants are encouraged to read this law.
NAME AND LIKENESS CONSENT AND RELEASE
The success of Goodnight Training Stables, Inc. depends in part on its ability to provide customers and horse enthusiasts with relevant and updated information through such educational and promotional tools as webcasts, training DVDs and on-line product offers. Capturing such relevant and updated information during the Clinic is an important way to accomplish this and is the reason why we ask you to consent to the use of your image, likeness, audio recordings, etc. in such educational and promotional tools. This is commonly referred to as consent to use of one’s “Name And Likeness.”
For good and valuable consideration, the sufficiency of which is hereby acknowledged – including the professional instruction and information shared while participating in the Clinic and the exposure to equestrian activities, including clinics, groundwork, riding, driving, packing and other professional instruction, I hereby irrevocably consent and grant to Goodnight Training Stables, Inc., and to such other persons as they may designate (collectively, the "Grantees"), the non-exclusive, absolute right and permission to record and otherwise capture and use throughout the world and in perpetuity my name, voice, portrait, likeness, image, photograph and/or motion pictures of me (collectively, "Name and Likeness") captured during the Clinic ("Captured Name and Likeness") either alone or accompanied by other material, in any manner and in any media now known or later developed, for any educational, commercial, promotional or other purpose, including without limitation that which may be exploited through television production, distribution and promotion, magazines and other written publications, DVD or CD sales, webcasts and on-line sales.
I agree that my Captured Name and Likeness are, and shall remain, exclusively owned by the undersigned grantor, including any copyright or other intellectual property inherent thereto; and the non-exclusive rights granted herein to Grantees Inc. are limit to the license described above. Nothing herein will constitute or create any obligation on the part of Goodnight Training Stables, Inc. to exploit my Captured Name and Likeness or in any way to compensate grantor therefore.
I UNDERSTAND, ACKNOWLEDGE AND HEREBY WAIVE AND RELEASE ANY AND ALL RIGHTS, DEMANDS, LOSSES, LIABILITIES, CLAIMS AND CAUSES OF ACTION WHATSOEVER WHICH I MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, INCLUDING, BUT NOT LIMITED TO, ANY INJURY, LOSS OF PRIVACY, RIGHT OF PUBLICITY, LOSS OF ENJOYMENT OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED BY, CONTRIBUTED TO, OR ARISING OUT OF ANY USE OF THE CAPTURED NAME AND LIKENESS OR CONSENTS GRANTED HEREIN. I WAIVE THESE RIGHTS AND GRANT THIS RELEASE FREELY AND VOLUNTARILY, AND FURTHER COVENANT NOT TO BRING ANY ACTION WHATSOVER AGAINST GRANTEES FOR ANYTHING RELATED TO MY NAME AND LIKENESS AS DESCRIBED ABOVE INCLUDING BUT NOT LIMITED TO MY NAME, VOICE, PORTRAIT, PHOTOGRAPH, IMAGE, LIKENESS AND/OR MOTION PICTURE. I UNDERSTAND AND AGREE THAT THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIM OF MISAPPROPRIATION, MISUSE OR MISREPRESENTATION OF ME, MY CHARACTER, MY REPUTATION, OR MY PERSON DUE TO DISTORTION, EDITING, OPTICAL ILLUSION, FAULTY REPRODUCTION OR THE LIKE.
I agree to hold harmless the Grantees, their employees, directors, agents, contractors, representatives and assigns from all claims, liabilities or actions including but not limited to libel, slander, invasion of privacy, violation of my right of publicity, misappropriation of Name and Likeness.
I understand I may not see the final product of the Captured Name and Likeness before it is aired/published, and I relinquish any right that I may have to examine or approve any production, advertising copy or printed matter that may be used in conjunction with my Captured Name and Likeness.
I agree I am not entitled to compensation except as may exist through a separate written contract.
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE BELOW INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. YOU (AND YOUR CHILD IF APPLICABLE) ARE GIVING UP CERTAIN LEGAL RIGHTS.
I have fully read and understand the contents of this Liability Waiver & Release as well as the Name & Likeness Consent & Release. I am over 21 years of age and have the right to execute the above waivers, consents and releases.
As parent/legal guardian of the minor that is the subject of this Liability Waiver & Release / Name & Likeness Consent & Release, and being over the age of 21 and having the legal authority on behalf of the subject minor, I agree to its terms and personally join in the warranties and representations set forth above. I sign the document to signify my agreement, and I agree to indemnify and hold harmless Goodnight Training Stables, Inc., the Indemnitees and the Grantees with respect to any claims which the minor may make in connection with any waivers, releases or consents granted herein.
I, and if on behalf of a minor, I acknowledge, the foregoing will be fully binding upon and effective against the undersigned, his/her heirs, successors, legal representatives or assigns. I have carefully read and understand this Release, have discussed these matters with the subject minor, have had the opportunity to seek legal counsel and ask questions about this Release, and all such questions have been fully answered.