Horse and Soul Release of Liability
Horse and Soul hereafter known as "STABLE"
REGISTRATION OF PARTICIPANT AND AGREEMENT PURPOSE I, the above listed individual hereinafter known as the “PARTICIPANT,” and the parents or legal guardians thereof if a minor, do hereby agree to participate in all STABLE activities including horse riding as a student of this STABLE, and that if I ride a horse provided by this STABLE, I will do so for instruction purposes.
AGREEMENT SCOPT AND TERRRITORY AND DEFINITIONS This agreement shall be legally binding upon me the registered PARTICIPANT, 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 the state and county of this STABLE’S physical location. This agreement is intended to be valid and binding at all times now and in the future when this STABLE permits me (directly and indirectly) to enter this STABLE’S property, be on this STABLE’S property, be near any horse, receiving riding and/or training instruction or guidance from its associates and/or when I ride and/or train and/or am near horses on or off this STABLE’S property. Any disputes by the PARTICIPANT shall be litigated in, and venue shall be the county in which this STABLE is physically located. This agreement is intended to be as broad and inclusive as the law permits. If any clause, phrase or word is in conflict with state law, then that single part is null and void. The term “HORSE” and “EQUINE” herin shall refer to all equine species. The terms “I”, “WE”, “ME”, “MY” shall herin refer to the above registered participant and the parents or legal guardians thereof if a minor.
INHERENT RISKS/ASSUMPTION OF RISKS I/WE ACKNOLEDGE THAT: Risks, conditions, and dangers are inherent in (meaning an integral part of horse/equine/animal activities/stable activities, regardless of all feasible safety measures which can be taken, and I agree to assume them. The inherent risk include, but are not limited to any of the following: the propensity of an animal to behave in ways that may result in injury, harm, death, or loss to persons on or around the animals; the unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; Hazards, including, but not limited to, surface or subsurface conditions; A collision, encounter and/or confrontation with another equine, animal, a person, or an object; The potential of an equine activity participant to act in a negligent manner that may contribute to injury, harm, death, or loss to the participant or to other persons, including but not limited to, failing to maintain control over an equine and/or failing to act within the ability of the participant. Horses are 5-15 times larger, 20-40 times more powerful, and 3-4 times faster than a human. If a participant falls from horse to ground it will generally be a distance of from 3.5-5.5 feet and the impact may result in harm to the participant. Horseback riding and equine training are activities in which one much smaller, weaker predator (the human) tries to impose its will on, and become one unit of movement with, another much larger, stronger, prey animal that has a mind of its own (the 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; spinning around; changing directions and/or speed at will; shifting its weight; bucking; rearing; kicking; biting; and/or running from danger. I also acknowledge that these are just some of the risk and I agree to assume others not mentioned above. I am not relying on this STABLE to list all the possible risks for me.
CONDITIONS OF NATURE WARNING, UNFAMILIAR AND SUDDEN SIGHTS, SOUNDS, AND MOVEMENTS WARNING AND INSPECTION OF PREMISES I/WE AGREE THAT: This STABLE is NOT responsible for total or partial acts, occurances, or elements of nature and/or sudden and/or unfamiliar sights, sounds and/or sudden movements 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, insects, reptiles, which may walk, run or fly near, or bite 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. I also understand that these are just some of the risks and I agree to assume others mentioned and not mentioned above. I am not relying on this STABLE to list all possible conditions for me. The PARTICIPANT and parent or legal guardian have inspected this STABLE’S facilities and are satisfied that all premise conditions are reasonably safe for this participant’s intended purpose, usage and presence upon this STABLE’S premises.
EQUINE ACTIVITY LIABILITY ACT EALA WARNING OR LANUAGE I/WE ACKNOWLEDGE THAT: I have reviewed TEXAS EQUINE ACTIVITY LIABILITY ACT WARNING OR LANGUAGE, a copy of which is attached hereto, and incorporated as if fully set forth herein. INSTRUCTION TO SIGNERS: DO NOT SIGN UNLESS A COPY OF THE EALA WARNING OR LANGUAGE IS ATTACHED TO THIS AGREEMENT. Under Texas Law, an equine activity sponsor or professional shall not be liable for any injury to, or the death of a participant in equine activities resulting from the inherent risk of equine activities. Chapter 87
MEDICAL INSURANCE I/WE AGREE THAT: should medical treatment be required, I and/or my medical insurance company shall pay for ALL such incurred expenses.
PHOTO RELEASE I/WE RELEASE: all rights o photos taken of you or the above mentioned for future use by HORSE AND SOUL, its staff, founders, volunteers, and/or associates in business publications, videos, books, newsletters, etc.
SAFETY AGREEMENT I/WE AGREE: to stay out of all barns, paddocks, corrals, tack-rooms, and other non-office related buildings, while waiting for horse related or other activities, or while waiting for a participant, unless given verbal instruction by staff.
LIABILITY RELEASE I/WE AGREE THAT: in consideration of this STABLE allowing my participation in this activity, under the terms set forth herein, I, the participant, for myself and on behalf of my child and/or legal ward, heirs, administrators, personal representatives, or assigns, do agree to release, hold harmless, and discharge this STABLE, its owners, agents, employees, officers, directors, representatives, assigns, members, owners of premises and trails, affiliated and legal liability, whether the same be known or unknown anticipated or unanticipated, due to this STABLE’S and /or IT’S ASSOCIATES ordinary negligence or legal liability; and I do further agree that except in the event of this STABLE’S gross negligence and/or willful and/or wanton misconduct, I shall not bring any claims, demands, legal actions, and causes of action, against THIS STABLE and IT’S ASSOCIATES as stated above in this clause, for any economic and non-economic losses due to bodily injury and/or death and/or property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of this STABLE, to include while riding, driving, training, handling, or otherwise being near horses owned by me or owned by this STABLE, or in the care, custody or control of this STABLE, whether on or off the premises of this STABLE, but not limited to being on this STABLE’S premises. All Participants and/or Legal Guardians* must sign below after reading this entire document.
COVID 19 Waiver
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments, and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Horse and Soul, (5400 State HWY 150 W, New Waverly, TX 77358) has put in place preventative measures to reduce the spread of COVID-19; however, Horse and Soul, cannot guarantee that you will not become infected with COVID-19. Further, attending any event on the property of Horse and Soul could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19, by attending any event hosted by Horse and Soul, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at an event hosted by Horse and Soul, may result from the actions, omissions, or negligence of myself and others, including, but not limited to, officials, officers, directors, personnel, and volunteers.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, or death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience, or incur, in connection to my attendance at an event hosted by Horse and Soul.
By entering the property participant confirms that they have had none of the following symptoms, for at least, the past 48 hours: fever, cough, nasal discharge/congestion, sore throat, difficulty breathing/shortness of breath, or rash. Neither has the participant come into contact with anyone who might have any of these symptoms or other, as outlined by the CDC, for Covid-19.
On my behalf, I hereby, release, discharge and hold harmless Horse and Soul, its officers, directors, and representatives, of and from, the claims, including all liabilities, claims, actions. damages, costs or expense, of any kind, arising out of, or relating thereto. I understand, and agree, that this release includes any claims, based on the actions, omissions, or negligence of Horse and Soul, its officers, officials, directors, personnel, volunteers, and representatives, whether a COVID-19 infection occurs before, during, or after participation at an event hosted by Horse and Soul.
As a participant in Equine-Assisted Soul Care (hereafter referred to as EASC) I understand and acklowledge the following:
I understand that Horse and Soul and its employees are mandatory reporters and therefore are required to report all abuse and threats.
I understand that this session is not a professional counseling meeting and that none of the EASC facilitators are licensed counselors. I understand that these team members are, to the best of their ability, doing what they can to help me achieve more freedom in my life. I further state that I have voluntarily sought assistance of my own initiative and that I am under no obligation to accept or reject any of the advice or help that I might receive from the team members of this ministry.
I understand that there is a fee for EASC sessions.
I understand that this is a private confidential session.
I agree to hold Horse and Soul, its leaders, and all EASC session facilitators free from any liability, loss or damage of any kind that may arise as a result of assistance which I have received or from my involvement with Horse and Soul.
I certify that I am not currently under the influence of any substances that might hinder my ability to participate in EASC.
I understand that it is my responsibility and not the responsibility of the facilitator to keep myself safe around the horses.
I undertake that if I am currently taking medication, or operating under the advice of a professional service, I will allow my medical doctor, therapist or counsellor, etc to confirm any results of prayer received before altering any prescribed course of medication or action.
SIGNER STATEMENT OF AWARENESS I/WE, THE UNDERSIGNED, REPRESENT THAT I/WE HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENTS, LIABILITY RELEASE, AND ASSUMPTION OF RISK GREEMENTS, I/WE UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM GIVING UP RIHTS TO SUE TODAY AND IN THE FUTURE. I/WE ATTEST THAT ALL FACTS ARE TRUE AND ACCURATE. I AM SIGNING THIS WHILE OF SOUND MIND AND AM NOT SUFFERING FROM SHOCK, OR UNDER THE INFLUENCE OR ALCOHOL, DRUGS, OR INTOXICANTS.