| ASSUMPTION OF RISK, RELEASE AGREEMENT I, the undersigned, on behalf of myself and my personal representative, heirs, guardians, guest, next of kin, spouse, and assigns, and on behalf of my minor child (ren) named below, DO HEREBY AGREE THAT: (a) In consideration of the use of the premises of S.L. DAVIDSON FARMS , the undersigned recognized and agrees that participation in horse sports and horse related activities is DANGEROUS AND HAZARDOUS, AND MAY EVEN LEAD TO INJURY, PERMANENT INJURY, OR DEATH. (b) I RELEASE AND FOREVER DISCHARGE S.L. DAVIDSON FARMS , and its officers, directors, partners, investors, shareholders, agents, owners, employees, sub contractor, all land owners, renters, lessees, volunteers, trainers, event organizers, adjoining land owners, owners of any equipment/vehicles/trucks on property, judges, event organizers, vendors, food suppliers, food preparers, food servers, trainers, coaches, Coulombe/Sarvis/Gros family members, ., any and all affiliate Trusts and all instructors and other persons acting on their behalf or in concert with them ( hereinafter the ~RELEASED PARTIES~) FROM ANY AND ALL CLAIMS, LIABILITIES, AND LOSSES BASED ON NEGLIGENCE PASSIVE OR ACTIVE, STRICT LIABILITY, FAILURE TO WARN OR OTHERWISE, AND AGREE NOT TO SUE, AGREES TO HOLD HARMLESS, REGARDLESS OF NEGLIGENT ACTS OF OR OMISSIONS, OR BRING TO MEDIATION the RELEASED PARTIES for injury, permanent injury, death, losses of any kind, damages to me (or my CHILDREN ) my horse(s), or any other person, animal or property, directly or indirectly arising out of or resulting from the riding, handling, participating, watching, helping, training, instructing, carting, transportation or stabling of any horse (whether owned, rented, leased, borrowed, RELEASED PARTIES, or otherwise) on the premises of the RELEASED PARTIES, or in any adjacent areas where horses are stabled, ridden, boarded or handled. I promise to indemnify and hold RELEASED PARTIES harmless from any loss, injury, damage, claim, judgment or expense that RELEASED PARTIES may arising out of my activities or presence on such or in such areas. (c) PARTICIPATING IN, OBSERVING, OR BEING IN THE PRESENCE OF ACTIVITIES INVOLVING HORSES, ponies, animals of any kind, including riding, vaulting, handling, carting, training, instructing, loading, transporting, boarding, stabling or care (whether or not under the supervision of parents, instructors, RELEASED PARTIES, coaches or trainers), POSES DANGER AND RISK OF INJURY OR DEATH to people, animals, property and livestock. I acknowledge that: (1) worn defective equipment, and other horses, spectators and riders are hazardous to me an my horse(s) and person , and property; (2) I have and will continue to inspect the horse(s), riders, saddles, bridles, barriers, gates or lack thereof, lighting or lack thereof, ranch vehicles and weather condition; (3) the facilities, vehicles, trucks, horse(s) and equipment of RELEASED PARTIES are NOT believed to be free of defects or deterioration; (4) the horses, riders, handlers, RELEASED PARTIES and spectators may not be trained, knowledgeable or experienced; (5) instructors, coaches and trainers may NOT assess correctly the skills, experience of ability of horse and rider, or the difficulty or danger of any jump course, riding exercises or activities; (6) the facilities have natural and unnatural hazards which include but are not limited to ditches, canyons, glass, wire, metal, dirt roads, cliffs, Highway, asphalt, jumps, structures and other obstacles, hills, rock's, water, ponds, gopher holes, uneven ground or footing, snakes, debris, low hanging trees, falling branches, farm equipment, water trucks, trailers, wood fencing and wild and domesticated animals of all kinds; (7) horses present in the area may have been known to bite, buck, rear, kick, bolt, become uncontrollable or misbehave without warning; and (8) the existence of dogs, birds, insects wild and domestic animals of all kinds, trucks, tractors, motorcycles, off road vehicles, farm equipment, cars, helicopters, planes, sprinklers, sirens, loud speakers, announcers, music, phones ringing, other vehicles, and noises in and around the area may pose increases hazards. (9) agree that as a condition of and in consideration of acceptance of entry, they authorize the RELEASED PARTIES to market, transfer, assign, or otherwise make use of any photographs, likenesses, films, broadcasts, cable casts, audio tapes, or video tapes taken of the horse(s) and the participant(s) while on the grounds, incident to, or in transit between the stabling facility and the event site, in any way they see fit or promotion, coverage, or benefit of the event, or service, and hereby expressly and irrevocable waive and release any rights in connection with sues use, including any claim to invasion of privacy, right of [publicity, or to misappropriation, Nevertheless, I VOLUNTARILY ELECT TO ASSUME ALL RISKS, ASSUMPTION OF RISK AND AGREEMENT TO HOLD HARMLESS, connected with the entry of me (and my child -ren) and/or my hors(s) and/or my property onto the premises of the RELEASED PARTIES and adjacent areas, and with participating activities involving horses. (d) If any portion of this agreement is held invalid, the balance shall continue in full force and effect . I have not signed this agreement in reliance of any representation or inducement of the RELEASED PARTIES. e) NO riders under the age of 18 shall handle or ride the stallions, no riding bareback, no riding double, no running of participants and/or horses unless in designated area, dogs allowed if on leash at all times on RELEASED PARTIES property. Coach/Instructor shall be present at all times while their rider is on RELEASED PARTIES property. I represent that my horse(s) and I (and my child-ren) have the requisite training, coaching, and ability to safely complete in this competition. I agree (and my child-ren) to wear protective headgear when mounted or riding. When jumping, I agree (and my child-ren) to wear protective head gear and passing or surpassing the ASTM/SEI standards with harness attached that meet standards currently imposed by the U.S. Equestrian Rules for Event. I understand that the USEA mandates that all riders participating in cross-country / jumping activity measures needed for handling horses. Arm bands can be purchased from the USEA web site or by calling them. *Horse Trainer = adult person assuming all legal liability for care of riders horse while it is on RELEASED PARTIES property. *Rider Coach/instructor = person who gives verbal instructions to the rider while he/she in on RELEASED PARTIES property. I HAVE READ THIS DOCUMENT AND I UNDERSTAND IT INCLUDES A RELEASE OF CLAIM FOR INJURY, PERMANENT INJURY OR DEATH TO ME (OR MYCHILDREN ) AND FOR LOSS, THEFT, OR DEATH OF, OR INJURY OR DAMAGE TO MY HORSE(S) OR OTHER PROPERTY. BY LEAVING MY HORSE I DO RECOGNIZE AND AGREE THAT BY EXECUTING THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT, HE OR SHE IS WAIVING AND RELEASING VALUABLE LEGAL RIGHTS. WHEN ENTERING RELEASED PARTIES PROPERTY. OWNERS OF HORSES, RIDERS, TRAINERS, COACHES, INSTRUCTORS, SPECTATORS, PARENTS ARE TO CARRY THEIR OWN INSURANCES TO COVER HORSES & PERSONS AT ALL TIMES WHILE AT S.L. DAVIDSON FARMS FROM THIS DATE FORWARD 01/ 01 / 2006 |
| ALL HORSE OWNERS MUST READ AND AGREE TO ALL . WE DO NOT AND WILL NOT ACCEPT RESPONSIBILITY FOR ANY PROPERTY DAMAGE WITHOUT A SIGNED CONTRACT . WE ACCEPT KANSAS EQUINE LAWS AS OUR STANDARD AND FOR THIS REASON OF LIABILITY CAN NOT BE HELD REASONABLE FOR PERSONAL INJURY OR INJURY TO ANY ANIMALS LEFT HERE WITHOUT A SIGNED CONTRACT BY THE OWNER OF SAID PROPERTY . ....................................................................................................................................... THE LETTER OF THE LAW In recent years, legislatures in most states have enacted laws that limit the liability of a farm owner for injuries suffered by a third party arising from the recreational use of horses, if certain precautions are taken. Kansas limited liability law. The law recognizes that activities with horses and other farm animals have inherent risks that "are beyond the reasonable control of farm activity sponsors, farm animal professionals, or other persons." Because of these inherent risks, a farm owner has a duty to "reasonably warn participants in farm animal activities of the inherent risks" of those activities, but not a duty "to reduce or eliminate" these inherent risks. The law does not protect a farm owner against his or her own negligence, but it does set the standard for non-negligent conduct as "adherence...to the standards of care within the profession." The law also provides that a farm owner satisfies his or her duty to warn participants in horse activities by posting a prominent notice warning of the risks inherent in the activity. (WHICH IS LOCATED IN OUR BARN) Kansas Statutes - KSA 60-4001 Chapter 60.--PROCEDURE, CIVIL Article 40.--ASSUMPTION OF RISK OF DOMESTIC ANIMAL ACTIVITY 60-4001. Definitions. As used in this act: (a) "Engages in a domestic animal activity" means riding, training, boarding, loading, hauling, breeding, racing, providing or assisting in medical treatment of, driving, or being a passenger upon a domestic animal or in or on a vehicle pulled or pushed by a domestic animal, whether mounted or unmounted or any person assisting a participant or show management. The term "engages in an activity involving domestic animals" does not include being a spectator at an activity involving domestic animals, except in cases where the spectator places the spectator's self in an unauthorized area and in immediate proximity to the activity involving domestic animals. (b) "Domestic animal" means a cow, swine, sheep, goat, domesticated deer, llama, poultry, rabbit, horse, pony, mule, jenny, donkey or hinny. (c) "Domestic animal activity" means, but is not limited to: (1) Shows, fairs, competitions, performances or parades that involve any or all breeds of domestic animals and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, English and western performance riding, trail riding, endurance trail riding and western games, and hunting; (2) domestic animal training or teaching activities or both; (3) boarding domestic animals; (4) riding, inspecting or evaluating domestic animals belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the domestic animals or is permitting a prospective purchaser of the domestic animals to ride, inspect or evaluate the domestic animals; (5) rides, trips, hunts or other domestic animal activities of any type however informal or impromptu that are sponsored by a domestic animal activity sponsor; and (6) hoof care and placing or replacing shoes on a domestic animal. (d) "Domestic animal activity sponsor" means an individual, group, club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for, a domestic animal activity, including but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, trail rides, racetrack, school and college-sponsored classes, programs and activities, therapeutic riding programs, breeding farms, training farms and operators, instructors, and promoters of domestic animal facilities, including, but not limited to, stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held. (e) "Domestic animal professional" means an individual, partnership or corporation and such individual or entities' employees engaged in a domestic animal activity for compensation: (1) In instructing a participant or renting to a participant a domestic animal for the purpose of riding, driving or being a passenger upon the domestic animal, or a passenger in or on a vehicle pulled or pushed by a domestic animal; or (2) in renting equipment or tack to a participant. (f) "Inherent risks of domestic animal activities" means those dangers or conditions which are an integral part of domestic animal activities, including, but not limited to: (1) The propensity of a domestic animal to run, buck, bite, shy, stumble, rear, fall, step on or behave in ways that may result in injury, harm or death to persons on or around them; (2) the unpredictability of a domestic animal's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; (3) certain hazards such as surface and subsurface conditions; (4) collisions with other domestic animals or objects; and (5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant's ability. (g) "Participant" means any person who engages in a domestic animal activity. History: L. 1994, ch. 290, § 1; July 1. Kansas Statutes - KSA 60-4002 Chapter 60.--PROCEDURE, CIVIL Article 40.--ASSUMPTION OF RISK OF DOMESTIC ANIMAL ACTIVITY 60-4002. Affirmative defense of assumption of risk. Except as provided in K.S.A. 60-4003, any participant is assuming the inherent risks of domestic animal activities when such participant engages in a domestic animal activity. The domestic animal activity sponsor or domestic animal professional, pursuant to K.S.A. 60- 208, and amendments thereto, shall plead an affirmative defense of assumption of risk by the participant. History: L. 1994, ch. 290, § 2; July 1. Kansas Statutes - KSA 60-4003 Chapter 60.--PROCEDURE, CIVIL Article 40.--ASSUMPTION OF RISK OF DOMESTIC ANIMAL ACTIVITY 60-4003. Same; limitations. (a) Nothing in K.S.A. 60-4002 shall prevent or limit the liability of a domestic animal activity sponsor, a domestic animal professional or any other person if the domestic animal activity sponsor, domestic animal professional or person: (1) (A) Provided the equipment or tack, which was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or (B) provided the domestic animal and failed to make a reasonable effort to determine the ability of the participant to manage the particular domestic animal based on the participant's representations of such participant's ability; (2) owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous condition which was known to the domestic animal activity sponsor, domestic animal professional or person and not made known to the participant; (3) commits an act or omission that falls below the standard of care of a reasonable domestic animal activity sponsor, domestic animal professional or other person engaged in domestic animal activities in the same locality; or (4) injures the participant by willful, wanton or intentional conduct. (b) Nothing in K.S.A. 60-4002 shall prevent or limit the liability of a domestic animal activity sponsor or a domestic animal professional under liability provisions set forth in the products liability laws or under liability provisions of article 4 of chapter 29 of the Kansas Statutes Annotated, and amendments thereto. History: L. 1994, ch. 290, § 3; July Kansas Statutes - KSA 60-4004 Chapter 60.--PROCEDURE, CIVIL Article 40.--ASSUMPTION OF RISK OF DOMESTIC ANIMAL ACTIVITY 60-4004. Posting warning notices, specifications; contract language requirements. (a) Every domestic animal professional shall post and maintain signs which contain the warning notice specified in subsection (b). Such signs shall be placed in a clearly visible location on or near stables, corrals, boarding areas, or arenas where the professional conducts domestic animal activities if such stables, corrals, boarding areas or arenas are owned, managed or controlled by the equine professional. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by a domestic animal professional for the providing of professional services, instruction or the rental of equipment or tack or a domestic animal to a participant, whether or not the contract involves domestic animal activities on or off the location or site of the domestic animal professionals business, shall contain in clearly readable print the warning notice and language specified in subsections (b) and (c). (b) The signs and contracts described in subsection (a) shall contain the following warning notice: WARNING Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of participating in this domestic animal activity. (c) The contracts described in subsection (a) shall contain the following language: Inherent risks of domestic animal activities include, but shall not be limited to: (1) The propensity of a domestic animal to behave in ways i.e., running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; (2) the unpredictability of a domestic animal's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; (3) certain hazards such as surface and subsurface conditions; (4) collisions with other domestic animals or objects; and (5) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the domestic animal or not acting within such participant's ability. History: L. 1994, ch. 290, § 4; July 1. Liability Signs Kansas Statutes In effect, Kansas law requires a person taking part in a horse-related activity to assume the risks of the activity. Kansas & Missouri Equine Law is a "get out of jail free" card for farm owners , provided they are not negligent and provided they follow the statute's guidelines regarding proper notice to participants.(SIGNS) : WHICH WE HAVE UP . PICTURE CAN BE SENT IF NEED BE ... The law does provide substantial protection for most farm owners, and the notice provision is easily met, if a farm owner is aware of the law. You should consult an attorney versed in equine law for information about similar laws in your home state and to ensure that your conduct meets the specific requirements of the law. Posting a warning sign and conducting your business in a reasonable manner is much easier than defending yourself in a lawsuit. SERVICE CONTRACT THIS AGREEMENT In consideration of $450.00 per horse, per month BOARD . VACCINATIONS ,HOOF CARE ARE DONE BY :OWNER UNLESS ARRANGEMENTS ARE MADE AT THE TIME OF SIGNING OF A CONTRACT . The horse owner warrants that the horse(s) will be free of illness and disease upon arrival at OUR FARM . The horse will have be current on all vaccination including Strangles, Equine Influenza, Rhinopneumonitis, Tetanus, West Nile and Sleeping Sickness. If, upon arrival, the horse (s) are not fully vaccinated or if the horse(s) records do not reflect full vaccination or testing, WE will notify owner that a veterinarian will vaccinate the horse(s) and such costs will be included in the OWNER”S monthly bill. VETERINARY CARE:Veterinary care will be provided to the horse(s) by HORSES OWNER . WE agree to attempt to contact the OWNER should WE feel that medical treatment is needed for said horse(s) but if WE are unable to contact OWNER within a reasonable time, WE are then authorized to secure emergency veterinary care for the health and well-being of the horse(S). The OWNER shall pay the cost of such care secured directly to veterinarian that performed the services. TRAINING AND SHOWING If the horse(s) is placed into training with our FARMS, the horse(s) shall be worked, trained or shown by us or our personnel as chosen by us is our sole judgment. . OWNER acknowledges and agrees that we are not liable or responsible for any loss or damage to tack or equipment, any loss or damage to vehicles, any sickness, injury, disease or death to said horse(s) nor any personal injury or property damage to any person whatsoever even if caused by the negligence or omissions of us or our employees or agents. OWNER agrees TO HOLD US harmless from any and all claims, liabilities, loss, damage,attorney fees or expenses of any kind whatsoever, which may be asserted by OWNER or any third parties. OWNER agrees and understands that all riding engaged at our farm is solely at OWNERS sole risk and that are not liable for any injury which may occur to OWNER (s) ------------------------------------------------------------------------------12/21/05-- S.L. Davidson Owner |
| Kansas - Warning - Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to sections 1 through 4. You are assuming the risk of participating in this domestic animal activity. |