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North Star Riding Center Riding Release

NOTICE:  A PERSON WHO IS ENGAGED FOR COMPENSATION IN THE RENTAL OF EQUINES OR EQUINE EQUIPMENT OR TACK OR IN THE INSTRUCTION OF A PERSON OR DRIVING OF AN EQUINE OR IN BEING A PASSENGR UPON AN EQUINE IS NOT LIABLE FOR THE INJURY OR DEATH OF A PERSON INVOLVED IN EQUINE ACTIVITIES RESULTION FROM THE INHERENT RISKS OF EQUINE ACTIVITIES AS DEFINED IN SECTION 42-11-2 OF THE SOUTH DAKOTA STATUES

RELEASE OF LIABILITY AND HOLD HARMLESS

Please read this carefully


WARNING


BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT THERE ARE INHERENT RISKS IN USING AND BEING AROUND HORSES.  THOSE RISKES INCLUDE BODILY INJURY AND DEATH.  I UNDERSTAND THAT HORSES ARE UNPREDICTABLE AND CAPABLE OF SUDDEN, UNEXPECTED, AND POTENTIALLY DANGEROUS MOVEMENTS DESPITE THEIR PRIOR HISTORY.  I FURTHER UNDERSTAND THAT HORSES ARE EASILY FRIGHTENED BY SOUND, SUDDEN MOVEMENT, AND UNFAMILIAR OBJECTS, SMELLS, PERSONS, OR OTHER ANIMALS.  THEY MAY RUN, BITE, BUCK, OR KICK.  HORSES MAY ALSO ENCOUNTER NATURAL HAZARDS, SUCH AS SURFACE OR SUBSURFACE CONDITIONS AND MAY REACT UNPREDICTABLY.  THEY MAY EVEN COLLIDE WITH OTHER OBJECTS, PERSONS, OR ANIMALS.  RIDERS CAN ALSO FALL OFF OF HORSES AND INJURE THEMSELVES.  


In consideration for the permission and privilege to use and/or be around horses and equipment located at 41738 CLEVELAND RD, TYNDALL, SD and ANY OTHER ALTERNATE LOCATIONS, to participate in the horse related activities including but not limited to horse training, riding instruction, and horse transportation, and to remain on those premises, I voluntarily agree to the terms of this RELEASE OF LIABILITY AND HOLD HARMLESS.  I have acquainted myself with rules of safety applicable to any involvement with horses and their environment, and I understand that it is not anyone else’s obligation to teach them to me.  I have read and understand the warnings listed above regarding horses and their environment.  I understand that I am responsible for maintaining control of my person and the equipment, devices, or animals I may be using while participating in activities on the above-stated premises.  I further understand that it is my responsibility to refrain from acting in any manner that may cause or contribute to injury to myself or to others while participating in activities on the above-stated premises.  

I hereby represent that I am capable of using and being in close proximity to horses and their environment.  I further represent that I am competent and capable to participate in the activities I will be participating in and agree to act within the limits of my abilities. 

I understand that it is recommended that all riders wear an ASTM/SEI certified protective helmet.  I understand that this helmet is not guaranteed to be effective and may fail in the event of an accident.  It is my understanding that I may provide my own helmet or a helmet has been offered to me and made available for my use or use by my child.  I understand that by declining to wear a helmet North Star Riding Center may decline to provide riding lesson/services.

I hereby release, waive, and forever discharge North Star Riding Center and their employees and/or volunteers and agents, owners, officers, and directors from any and every claim, demand, action, or right of action, of whatever kind of nature, either in law or in equity, arising from or by reason of any bodily injury or personal injuries known or unknown, death or property damage resulting during my presence or the presence of my family or spectators at 41738 CLEVELAND RD TYNDALL, SD  or at ALTERNATE LOCATIONS, whether or not such injury, property damage, or death is caused by negligence.  I assume full responsibility for the risk of bodily injury, death or property damaged during my presence or the presence of my family or spectators at 41738 CLEVELAND RD, TYNDALL, SD or at ALTERNATE LOCATIONS, and hold employees, and/or volunteers and agents, owners, officers, and directors harmless from any liability therefrom and therefore agree not to sue any of the previously mentioned individuals/ groups or representatives. 

I understand that I am assuming 100% of the risk of injury or death directly or indirectly arising as a result of my presence at 41738 CLEVELAND RD, TYNDALL, SD OR ALTERNATE LOCATIONS. 

Photography/Advertising

North Star Riding may, on occasion, take video or photographs of participants.  Such video and/or photography may be used to help promote North Star Riding through various forms of communication including but not limited to: social media, website, e-newsletters and print, or otherwise communicate to families about the experiences or accomplishments of North Star Riding participants.  North Star Riding will not use names without further written permission.  By initialing you are consenting to North Star Riding’s use of photos or videos for purposes of North Star Riding communications and promotions.  No compensation will be provided for such use unless separately agreed to, in writing, with North Star Riding.

I have read and agree to the use of photos and/or videos for the purposes outlined above.

This release shall be governed by the laws of the State of South Dakota.  If any portion of this release is held invalid by a court, it is agreed that the remainder of this release shall continue in full legal force and effect notwithstanding the invalidity of any portion of it.  If I have requested that you allow a minor child or children of mine to be present at 41738 Cleveland Rd, Tyndall, SD, or. at alternate locations, then the provisions of this release and hold harmless shall apply to such child or children.  I represent that I have the legal authority to enter into this release on behalf of the minor child or children.

This release is given on behalf of myself and my spouse, legal representatives, administrators, executors, heirs, and assigns and in the case of any child or children of mine, on behalf of them, their legal representatives, administrators, executors, heirs, and assigns, This release is an ongoing release and remains in effect until I have revoked it in writing.

I understand that this documents is a contract and agree that if a lawsuit is filed against North Star Riding Center or employees and/or volunteers and agents, owners, shareholders, officers, and directors for any injury or damage in breach of this contract, I will pay all attorney’s fees and costs incurred in defend that lawsuit.

I HAVE READ THIS DOCUMENT.  I UNDERSTAND IT IS AN AGREEMENT AND AGREE NOT TO SUE AND A RELEASE, INDEMNITY, AND HOLD HARMLESS FOR ALL CLAIMS.

I ACKNOWLEDGE AND AFFIRM THAT I HAVE CAREFULLY READ THAT CONTENTS OF THIS RELEASE, FULLY UNDERSTAND ITS MEANING, AND SIGN THIS RELEASE VOLUNTARILY.

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