This form must be READ AND COMPLETED BEFORE SIGNING
B. AGREEMENT SCOPE AND TERRITORY AND DEFINITIONS – This agreement shall be legally binding upon me/we the registered RIDER(S), and the parents or legal guardian 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, Riverside County). Any disputes by me/we or the RIDER(S) shall be litigated in and venue shall be (California and county of Riverside). 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”, “we”, “my” shall herein refer to the registered riders and the parent or legal guardian thereof if a minor.
C. ACTIVITY RISK CLASSIFICATION – Horseback riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and that 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 approximately 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, at least, 5 to 15 times larger, 20 to 40 time 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 from 3 ½ to 5 ½ feet or more, and the impact may result in injury to the rider. Horseback riding is a rare sport where much smaller and weaker predator animals (humans) attempt to impose a will on much larger and stronger prey animals (horses) with a mind of their own, 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 abruptly, changing directions or speed at will, shifting its weight, bucking, rearing, kicking, biting, or running from what it perceives as 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 – SUSIE Q RANCH is NOT responsible for total or partial acts, occurrences, or elements of nature, associated with participation of activities at SUSIE Q RANCH. This includes anything that may scare a horse, cause it to fall, or react in any other unsafe manner. Some examples of these acts, occurrences, or elements of nature involving the horse and/or RIDER include, but are not limited to; thunder, lightning, rain, wind, wild and domestic animals, insects, and reptiles, all of which have the potential to come in direct contact or near contact to the horse and/or RIDER. Additionally, SUSIE Q RANCH is NOT responsible for 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. INSPECTION OF PREMISES – RIDER has inspected SUSIE Q RANCH facilities and is satisfied that all premises conditions are reasonably safe for RIDER’S intended purpose, usage, and presence upon the SUSIE Q RANCH premises.
I. PROTECTIVE HEADGEAR WARNING – I have been fully warned and advised by SUSIE Q RANCH that the RIDER should wear protective headgear (riding helmet), and that the wearing of such head gear 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. Minors 17 and under are required to wear protective headgear.
J. LIABILITY RELEASE – In consideration of SUSIE Q RANCH allowing participation in this activity, under the terms set forth herein, I/we, the RIDER(S), and the parent or guardian thereof if a minor, do agree to hold harmless and release SUSIE Q RANCH its owners, agents, employees, officers, members, premises owners, insurers, and affiliated organizations from legal liability due to SUSIE Q RANCH ordinary negligence; and I do further agree that except in the event of SUSIE Q RANCH gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and cause of action, against SUSIE Q RANCH and/or its associates, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or a minor child or legal ward in relation to the premises and operations of SUSIE Q RANCH to include while riding, handling, or otherwise being near horses or other animals owned by or in the care, custody, and control of SUSIE Q RANCH.
K. This liability release covers all participation of activities, including but not limited to horseback riding, while at SUSIE Q RANCH.
L. Any controversy or claim arising out of or relating to this contract, or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
SUSIE Q RANCH WAIVER