Release Agreement

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Pisgah Forest Stables, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "PFS"), I hereby agree to release, indemnify, and discharge PFS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in guided saddle animal trail rides and tours activities entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks may include, but is not limited to: being struck by rock fall or other objects dislodged or thrown from above; the forces of nature, including lightning, and weather changes; the risks of falling off the rock or mountain; exposure to temperature and weather extremes which could cause cold shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to and travelinruggedterrain,exposuretopotentiallydangerouswildanimals,insectbites,andhazardousplantlife; accidentsorillnesscanoccur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; improper lifting or carrying; transmissible pathogens or diseases; my own physical condition, and the physical exertion associated with this activity.
A horse, regardless of its training and usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you to be thrown from your horse or injured by the horse. Horses may do such things as bite, kick, buck, lie down, or stumble. Saddles may slip and other tack or saddle problems may develop as a result of normal use and wear. Your horse may collide with obstacles or encounter variations in terrain such as creeks, water, bridges, traveled roads, wild animals, birds, stump, forest growth, debris, rocks and cliffs and other obstacles whether obvious or not and whether man made or natural. Each of those obstacles or variations in terrain could cause you to lose control of you horse and you could fall. Riding a horse requires the participant to balance on the saddle. Participants may lose their balance that can result in falling from the horse.
Furthermore, PFS personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PFS from any and all claims, demands, or causesofaction,whichareinanywayconnectedwithmyparticipationinthisactivityormyuseofPFS'sequipmentorfacilities, including any such claims which allege negligent acts or omissions of PFS.
4. Should PFS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against PFS, I agree to do so solely in the state of North Carolina, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against PFS on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at PFS. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Name

First Name

Last Name

Phone

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Address

Address 1

Address 2

City

State/Province

Zip/Postal Code

Country

Digital Signature of Participant

Date

YYYY

Do you wish to not wear a helmet?

If you desire to not wear a helmet, please see the following addendum. This part is voluntary but if you do not complete the following, you will be required to wear a helmet during your ride.

PROTECTIVE EQUESTRIAN HEADGEAR REFUSAL AGREEMENT ADDENDUM

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Pisgah Forest Stables (hereinafter collectively referred to as “PFS") that we should wear a properly fitted and secured ASTM/SEI (Equestrian standard) certified helmet while participating in horse riding activities in order to protect against and reduce the severity of potential head trauma that could result in serious injury, including death, as the result of a fall, collision, kick from a horse, or other occurrence associated with horse activities. Against the advice of PFS, the guide/instructor, common sense, and PFS's insurance company, I (and any Minor for whom I am signing) am refusing to wear a helmet and assuming all risk of injury. I further agree to indemnify and hold harmless PFS from any and all claims that are brought by, or on behalf of myself, and any listed Minor, as the result of head trauma resulting from participation in any horse activities.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Rider or Participant Digital Signature

Date

YYYY

Parent or guardian Digital Signature

If the rider is a minor.

Date

YYYY

Release Agreement

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