WARNING: UNDER THE MICHIGAN EQUINE ACTIVITY LIABILITY ACT, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR INJURY TO OR THE DEATH OF A PARTICIPANT IN AN EQUINE ACTIVITY RESULTING FROM AN INHERENT RISK OF THE EQUINE ACTIVITY.
This contract must be read and signed in order to participate in an equine activity at Serenity Farm Gypsy Horses. This contract will be signed for the use of an equine today, but will cover any and all equine activities on all future days at this property.
This LIABILITY RELEASE and EXPRESS ASSUMPTION OF RISK is made between Serenity Farm Gypsy Horses (Christina Riggs-Owner), hereinafter designated as Equine Facility Owner and ______(printed name) hereinafter designated as Participant.
IF PARTICIPANT IS A MINOR THEN THE SIGNATURE OF AT LEAST ONE (1) PARENT OR LEGAL GUARDIAN IS REQUIRED. THE SIGNING OF THIS CONTRACT BY ONE (1) PARENT OR LEGAL GUARDIAN CONSTITUTES FOR PURPOSES OF THIS CONTRACT TO BE VIEWED AS AGREEMENT AND A WAIVER OF ALL RIGHTS BY THE OTHER NON-SIGNING PARENT OR LEGAL GUARDIAN, AS WELL AS A WAIVER OF ALL RIGHTS BY THE MINOR PARTICIPANT. The Participant, their spouses/relatives/heirs, and legal representatives hereby express agrees to the following by placing their initials next to each item and filling out information and signing below.
Participant is responsible for full and complete health/liability insurance on horse, personal property and participant. Participant agrees to hold Equine Facility Owner harmless from any and all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees, which in any way arise from Participants use of or presence upon the property and facilities.
Participant agrees to hold Equine Facility Owner and all successors, subsidiaries, affiliates, officers, employees, agents, and descendants completely harmless and not liable and releases them from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of Participants use of or presence upon Equine Facility Owner’s property and facilities, including without limitation, those based on death, bodily injury and damages.
PARTICIPANT EXPRESSLY ASSUMES RESPONSIBILITY FOR ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANT’S USE OR PRESENCE UPON EQUINE FACILITY OWNER’S PROPERTY AND FACILITIES including but not limited to: the risks of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire or explosion, the unavailability of emergency medical care, and/or the negligence and/or deliberate act of another person.
Participant agrees to abide by all of Equine Facility Owner’s rules and regulations, and Participant is responsible for using protective gear (approved riding helmet and boots).
If Participant is using Participant’s own horse, or other non-resident horse, the horse shall be free from infectious, contagious, or transmissible diseases. Equine Facility Owner, their employees, or representatives reserve the right to refuse access or use of any horse upon the premises that does not appear to be in good health, or is deemed dangerous or undesirable.
Participant understands that there are inherent risks in and around equine activities. Risks inherent in equine activities means dangers or conditions that are an integral part of equine activities, including but not limited to: the propensity of an equine to behave in ways that may result in the injury, harm, or death of persons around the equine (including bucking, kicking, rearing, biting, shying, falling, tripping, stepping on; the unpredictability of an equine’s response to sound, movement, objects, persons, animals, excitement, weather conditions, all types of creatures, and the effects of such reactions; the hazards of surface or subsurface conditions including objects, debris, obstacles, or conditions on, or under, or protruding from the surface, whether apparent or not; the dangers and risks of tack or equipment or harness slipping or breaking, as well as the dangers and risks of becoming entangled in tack, equipment or harness or any vehicle used in any equine activity for any reason whatsoever; a collision with another equine, another animal, a person, or an object; 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.
This contract is non-assignable and non-transferable and is made and entered in the State of Michigan, and shall be enforced and interpreted under the laws of this state. Participant agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.
Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim.
Participant agrees that damages shall be limited to zero dollars ($0.00) for property damage, medical or other actual expenses incurred, and a maximum of zero dollars ($0.00) for damages such as pain and suffering.
I HAVE READ AND UNDERSTOOD THIS LIABILITY RELEASE. UPON SIGNING THIS CONTRACT IT IS LEGAL AND BINDING.
Facility Owner: Serenity Farm Gypsy Horses & Christina Riggs
Facility location: 5162 Lewis Ave Ida Mi 48140
Date:______
Participant’s signature:______
Participant’s printed name:______
Parent or legal guardian signature:______
Parent or legal guardian printed name:______