I, the undersigned, sign this Waiver and Release from Liability and Indemnity Agreement (this “Release”) for the benefit of Natural Whisperings, LLC and Joanna & Malcolm DeRungs and all “equine activity sponsors” and “equine professionals” as those terms are defined in Section 30.687 of the Oregon Revised Statues (collectively, “Sponsors”).
In return for my use of Sponsors' property and services, I agree for myself and anyone else who may make a claim for me or on my behalf (collectively, the “Releasing Parties”) that:
1. ASSUMPTION OF RISK. I understand that riding, training, driving, showing, handling, grooming, and any other activity with or around a horse, and participating in other equine activities (each an “Equine Activity”), are each dangerous activities that could lead to serious bodily injury and death. I voluntarily assume the risks and all other risks associated with any Equine Activity. I have no medical or physical condition that could interfere with my safety or the safety of others while I participate in Equine Activities. I have had the opportunity before signing this Release to inspect the property on which the Equine Activities will occur (the “Facility”). I voluntarily assume all risks associated with participating in Equine Activities at the Facility.
2. RELEASE FROM LIABILITY. I and the other Releasing Parties release Sponsors from all liability, and waive the right to bring a lawsuit or other legal action against Sponsors, for damage to property and for all injuries, death, losses, and any other liability incurred by me or any other Releasing Party, that arises out of any Equine Activity, or the failure of any equipment or tack provided by Sponsors, even if it is due to the negligence or other fault of Sponsors. I waive the protection of any applicable statute that has the purpose or effect of providing that a general release that does not extend to claims that I do not know of or expect to exist when I execute this Release.
3. AUTHORIZATION TO PROVIDE MEDICAL/VETERINARIAN CARE. I authorize Sponsors or its representatives to obtain or provide all emergency hospitalization or other medical care that it deems I require and all veterinarian or other medical care that it deems that my horse(s) require. I will be responsible for paying any hospitalization, veterinarian, and other medical care provided to me and/or my horse(s). I understand that Sponsors is not obligated to obtain or provide any hospitalization or other medical or veterinarian care to me or my horse(s). I understand that there may be no veterinarian or medical care available at or near the Facility.
4. ATTORNEY FEES. I will pay Sponsors' reasonable attorney fees and costs that it spends to enforce this Release, including without limitation any attorney fees and costs on appeal.
5. MISCELLANEOUS. I understand that I cannot revoke this Release for any reason. If any portion of this Release is unenforceable, all other provisions will continue to be enforceable. This Release supersedes any statement made by or to me in connection with any Equine Activity. As used in this Release, each reference to (a) “Sponsors” means collectively all the parties that make up Sponsors and each such party individually and (b) “I”, “me”, “my”, “myself”, and other first person references will include any child, ward, or other minor for whom I sign. I intend this Release to be enforced to the fullest extent allowed by law.
I HAVE CAREFULLY READ THIS RELEASE. I UNDERSTAND ITS CONTENT AND VOLUNTARILY AGREE TO ITS TERMS. I AM SIGNING THIS RELEASE AS A CONDITION TO PARTICIPATING IN EQUINE ACTIVITIES.