Client, on behalf of Client and Client’s representatives, assigns, heirs, spouse, children, wards and agents hereby voluntarily release and forever discharge Denver Equestrians, LLC, Denver Equestrians Riding School, DERS, Colorado Equestrian Center, and any of its parent, sister, subsidiary or related companies or entities and their directors, officers, owners, members, guests, family members, employees, agents, servants, guides, and any affiliates or representatives thereof, from any and all liability, claims, demands, actions or rights of action, which are in any way related to Client’s participation in any equine activities sponsored, conducted, provided or allowed by DERS (Equine Activities) including the exposure to or contraction of any disease or condition. The release contained herein includes, without limitation, the release of any physician or non-physician who provides any first aid, emergency or other healthcare services to me in connection with Equine Activities, and the release of any veterinarian or non-veterinarian who provides first aid, emergency or other services for my horse. The release contained herein also includes, without limitation, the release of any landowner or lessee upon whose property Equine Activities are conducted, including any of their parent, sister subsidiary or related companies or entities and their directors, officers, owners, members, employees, agents, servants and any affiliates or representatives thereof.
Indemnification. Client further agrees to defend, hold harmless and indemnify DERS for any and all injuries, damages and costs, including attorneys’ fees, incurred in connection with any claims which may be brought against DERS by any third party in connection with Client’s participation in Equine Activities.
Certification. Client hereby certifies that Client has no physical or mental condition(s) and that Client is not and will not become under the influence of any medications, drugs or alcohol which any way impair Client’s ability to safely engage in Equine Activities.
Risks. Client understands and acknowledges that Equine Activities involve certain known and unknown risks which could result in injury, death, illness, disease or other damage to Client, DERS or to third parties. Among these risks are: (1) the nature of the activities; (2) the acts, omissions or negligence of Client, DERS or others; (3) latent or apparent defects or conditions in the equipment, tack or the property supplied by Client, DERS or others; (4) weather conditions; (5) contact with plants or animals; (6) Client’s physical condition; (7) Client’s failure to wear an appropriate helmet, eye or ear protection; (8) the surface and subsurface condition of areas, roads, trails, waterways, or terrain, and accidents connected with their use; (9) the first aid, emergency treatment or other services rendered; (10) the general unpredictability of equine and their propensity to behave in ways that may result in injury, harm or death to the equine and to persons on or around them; (11) the unpredictability of an equine’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons or other animals; (12) collisions with other animals or objects. Client understands and acknowledges that the above list is not complete or exhaustive, and that Equine Activities may involve other risks, known or unknown, anticipated or unanticipated.
Assumption of Risk. Being aware that Equine Activities involve substantial risks, Client expressly and knowingly agree to accept and assume all responsibility and risk for any injury, death, illness, disease or other damage to Client or to Client’s property arising from Client’s participation in Equine Activities.
Governing Law. This Agreement shall be construed and governed by the laws of the state of Colorado. In the event there is any action to enforce this Agreement or to seek legal remedies thereunder, Client agrees to the exclusive jurisdiction and venue of the County or District Court for the County of Arapahoe, Colorado. The prevailing party in any such action shall be entitled to recover all costs, expenses and attorney fees incurred therein. CLIENT HEREBY KNOWINGLY WAIVES ANY RIGHT CLIENT MAY HAVE TO A JURY TRIAL.
WARNING: UNDER COLORADO LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, PURSUANT TO SECTION 13-21-119, COLORADO REVISED STATUTES.
By signing below, client hereby understands and agrees to all terms and conditions of this Agreement.
I confirm that I want to receive content from this company using any contact information I provide.