Building confident youth
Through nature exploration and horseback riding

WAIVER AGREEMENT, RELEASE OF LIABILITY,

and ASSUMPTION OF RISK

FOR EQUINE ACTIVITIES

 

PLEASE READ THIS ENTIRE WAIVER AGREEMENT BEFORE SIGNING IT.  YOUR SIGNATURE INDICATES THAT YOU UNDERSTAND AND AGREE TO THIS WAIVER AGREEMENT’S TERMS. 

 

BY SIGNING THIS WAIVER AGREEMENT, YOU AND/OR YOUR CHILD ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF YOUR INSTRUCTOR, HANNAH CAPANNARI (“Ms. Capannari”), OR ANYONE ACTING UNDER HER DIRECTION.

 

In consideration for Ms. Capannari allowing me and/or my minor child to participate in any Equine Activity involving horses, ponies, mules or donkeys (“Horse” or “Horses”), which is defined by the Ohio Revised Code Section 2305.321 (the “Code”), I hereby agree on behalf of myself and/or my minor child, as follows:

1. I agree that I am and/or my minor child is a voluntary Equine Activity Participant, as defined by the Code, when engaging with Ms. Capannari and any other Equine activity participant or Equine activity sponsor to work with or around Horses in any Equine Activity, including without limitation riding, training, driving, leading, exercising, mounting, dismounting, tacking, washing, brushing, hoof cleaning, other grooming, or controlling a Horse in any manner.

2. I acknowledge and assume the risk that working or participating in an activity with or around Horses in any Equine Activity is inherently dangerous and may cause serious injury, paralysis, death or property damage to any person at any time because of the unpredictable nature and irrational behavior of Horses regardless of the extent of their training or past performance. I acknowledge and assume the risk that the ground, buildings and equipment used where Horses live can cause serious injury, paralysis, death or property damage. I further acknowledge and voluntarily assume all risks, known and unknown, that any Horse may behave in ways that can result in injury, paralysis, death or property damage to any person working with or around Horses in any Equine Activity at any time.  The inherent risk of an equine activity, as defined in the Code includes, but is not limited to, (i) the propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine; (ii) the unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; (iii) hazards, including, but not limited to, surface or subsurface conditions; (iv) a collision with another equine, another animal, a person, or an object; and (v) the potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant.  Any Horse may, without warning or apparent cause, buck, stumble, trip, roll, fall, rear up, bite, kick, spook, react unexpectedly, jump obstacles, step on a person’s feet, push or shove a person – any of which unpredictable movements may cause a person to fall to the ground, be jolted and/or be crushed resulting in serious injury, paralysis, death or property damage.

3. I forever and fully release and discharge Ms. Capannari, Playful Wanderings (and its owners, officers, directors, employees, volunteers, agents and representatives), her and their representatives, heirs and assigns, and any other Equine activity participant or Equine activity sponsor with whom Ms. Capannari or Playful Wanderings is cooperating or collaborating with to provide the Equine Activity, including, but not limited to, the owner of any Horse or the property upon which the Equine Activity is provided, for and waive all rights to any claim, injury, loss, liability, damage or expense (including attorneys’ fees) arising out of my or my minor child’s participation in any Equine Activity or any related activity or access to or use of facilities used for such activities.

4. I accept full financial responsibility for any medical expense or treatment for myself and/or my minor child which may result from participating in any Equine Activity with Ms. Capannari or any Equine activity participant or Equine activity sponsor in connection with this agreement.  I also accept full financial responsibility for any third party’s claim, injury, loss, liability, damage or expense (including attorneys’ fees) arising out of my or my minor child’s participation in any Equine Activity with Ms. Capannari.

5. I agree to indemnify, defend and hold harmless Ms. Capannari, Playful Wanderings (and its owners, officers, directors, employees, volunteers, agents and representatives), her or their representatives, heirs and assigns, and any other Equine activity participant or Equine activity sponsor with whom Ms. Capannari or Playful Wanderings is cooperating or collaborating with to provide the Equine Activity in connection with any claim, injury, loss, liability, damage or expense (including attorneys’ fees) arising out of my or my minor child’s participation in any Equine Activity with Ms. Capannari.

6. I confirm that I am and/or my minor child is in good health without any physical or mental condition that would create an unreasonable risk of harm to myself and/or my minor child, to Ms. Capannari, or to any other participant in the Equine Activities.  I acknowledge that Ms. Capannari is entitled to and shall rely on my foregoing representation concerning good health.

7. I authorize Ms. Capannari and any Equine activity participant or Equine activity sponsor with whom Ms. Capannari is cooperating or collaborating with to provide the Equine Activity to provide me and/or my minor child with emergency medical treatment, and I release all of the foregoing from any tort liability resulting from such medical treatment.

8. I agree that this Waiver Agreement shall be governed by the law of the State of Ohio, and that the courts located within Hamilton County, Ohio shall have exclusive jurisdiction and venue for any claim arising under this Waiver Agreement.

9. I agree that this Waiver Agreement shall be binding upon me, my representatives, heirs and assigns, and upon my minor child and his or her representatives, heirs and assigns.

10. I agree that, should any part of this Waiver Agreement be deemed void by a court of law, the enforceability of the remaining provisions shall not be affected.

11. I agree that this Waiver Agreement constitutes the entire agreement and understanding between myself and Ms. Capannari concerning the subject matter hereof, and supersedes any prior agreement or understanding relating to the same.

I have fully and carefully read and understand this Waiver Agreement and do hereby voluntarily execute the same for myself and any children I register for riding lessons with Playful Wanderings as of the date of program registration.

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