PLEASE READ THIS AGREEMENT CAREFULLY BEFORE AGREEING. By agreeing to this Liability Waiver and Release (“Release”), you acknowledge that you understand and agree to its terms. By agreeing to this Release, you (and/or your child, if applicable) are voluntarily giving up substantial legal rights, including the right to sue or recover damages in the event of injury, death, or property damage, whether caused by negligence or otherwise.
This Release is entered into in favor of Equellness Center, Bergmann Equine, Park City Horse Experience, and each of their current and former owners, trustees, officers, directors, parents, shareholders, subsidiaries, affiliates, branches, members, sponsors, employees, contractors, volunteers, attorneys, agents, and the heirs, executors, administrators, receivers, successors, property owners, and assigns (collectively, the “Released Parties”).
The activities organized and offered by Equellness Center (in conjunction with Park City Horse Experience and other wellness providers) at the Bergmann Equine Ranch may include, but are not limited to: handling and riding horses; interactions with dogs, cats, cows, goats, and potentially wild animals; use of tools, equipment, and machinery such as tractors; activities conducted in and around streams or bodies of water; and other activities related to the day-to-day operations of a working ranch and wellness programs (collectively, the “Activities”).
Participation in the Activities is voluntary and without compensation. Participants may cease participation at any time.
1. Acknowledgement of Risks I understand that participation in the Activities involves inherent risks, including physical exertion, contact with animals, rugged terrain, weather exposure, and unpredictable environmental conditions. Injuries, medical complications, or unforeseeable accidents may occur, and such risks cannot be eliminated without changing the essential nature of the Activities.
I understand that horses are inherently dangerous and unpredictable animals and that no horse is completely “safe.” Inherent risks include, but are not limited to: equipment failure; unpredictable animal behavior; reactions to sounds, movement, unfamiliar environments, objects, people, or animals; natural surface or subsurface hazards; and the possibility of being bitten, kicked, stepped on, trampled, pushed, shoved, or falling.
I understand that my safety depends largely upon my own conduct and ability to follow instructions and guidelines and agree to conduct myself in a manner that is safe for myself and others.
I acknowledge the contagious nature of viral and bacterial illnesses, including COVID-19, and understand that participation may expose me to illness, injury, disability, or death.
2. Assumption of Risk I voluntarily assume full responsibility for all risks of injury, illness, emotional distress, property damage, or death arising from participation in the Activities. This includes, but is not limited to: sprains; muscle, tendon, or ligament injuries; fractured bones; eye injuries; cuts, wounds, scrapes, or abrasions; dehydration; drowning; hypoxia; exposure or altitude sickness; COVID-19; head, neck, or spinal injuries; slipping or falling; animal or insect bites or attacks; shock; paralysis; or death.
3. Release and Waiver of Liability I, on behalf of myself, my heirs, estate, and assigns, hereby release, waive, forever discharge, and hold harmless the Released Parties from any and all claims, losses, damages, liabilities, or demands of any kind arising out of or related to participation in the Activities, whether caused by negligence or otherwise.
I further agree not to bring any legal action against the Released Parties arising from participation in the Activities.
I understand that the Released Parties do not provide medical, health, or disability insurance and do not assume responsibility for medical or financial assistance. I consent to emergency medical treatment if deemed necessary and agree that I am solely responsible for all related costs, including transportation or evacuation. I release the Released Parties from any claim related to such treatment.
4. Insurance I certify that I have adequate insurance to cover any injuries or damages I may cause or suffer, or I agree to bear such costs myself. I expressly waive any right to insurance proceeds held by the Released Parties.
5. Covid-19 I am also aware of the contagious nature of bacterial and viral illness including COVID-19 and the risk that I may be exposed to or contract COVID-19 or another illness participating in Activities.
6. Indemnification I agree to indemnify and hold harmless the Released Parties from any loss, damage, liability, claim, or expense, including attorneys’ fees, arising from my acts or omissions during participation in the Activities. If enforcement of this Release requires legal action, I agree to indemnify the Released Parties for all related costs and fees.
7. Image Release I grant permission to the Released Parties to capture and use photographs, video, audio recordings, or other visual or audio images of me for promotional, educational, or informational purposes in any media, without compensation or time limitation. I waive any right to inspect or approve such materials and release the Released Parties from all liability related to their use.
8. Helmets All riders must wear ASTM/FEI-certified equestrian helmets. Participants may bring their own helmets or use one provided. Participants aged twelve (12) and under must wear helmets while riding and while on the ground around horses.
9. Miscellaneous This Release constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings. This Release remains in effect for as long as participation in the Activities continues. It is intended to be as broad and inclusive as permitted by the laws of the State of Utah. If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.
10. Governing Law; Waiver of Jury Trial This Release shall be governed by and construed in accordance with the laws of the State of Utah. Any legal action arising out of or relating to this Release shall be brought exclusively in the courts of the State of Utah. I knowingly and voluntarily waive any right to a trial by jury.
By agreeing to this Release, I confirm that I am of legal age, have read and fully understand this Release, and voluntarily agree to be legally bound by its terms. Type your Full Legal Name in the space below to agree.