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Release of Liability

Online Release of Liability Form

READ THIS ENTIRE FORM CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS


In exchange for participation in the activity of equine therapy services organized by Mustang Forces, of 20502 E. Ruppert Road, Benton City, Washington, 99320 and/or use of the property, facilities, owned or leased horses, and services of Mustang Forces, I agree for myself and (if applicable) for the members of my family, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Mustang Forces, or the employees, representatives, or agents of Mustang Forces.

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Mustang Forces, employees, volunteers, and horse owners of horses utilized for Mustang Forces’ program for injury, loss, death, or damage arising out of my or my family's use of or presence upon the facilities of Mustang Forces, whether caused by the fault of myself, my family, Mustang Forces, horses, or other third parties.


I expressly acknowledge and agree that activities involving horses involve inherent risks which mean there are dangers or conditions which are an integral part of horse activities and include, among other things, the propensity of a horse to behave in ways that may result in injury, harm, and/or death, and/or property damage to persons on or about them, and the unpredictability of a horse’s reaction to such things as sounds, sudden movements and unfamiliar objects, persons, or other animals.

3. INDEMNIFICATION. I agree to indemnify and defend Mustang Forces against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Mustang Forces.

4. FEES. I agree to pay for all damages to the facilities of Mustang Forces caused by any negligent, reckless, or willful actions by me or my family.

5. PARENT/GUARDIAN CONSENT. I am the parent/guardian of the minor named in the box below labeled "Named Minor" box who resides at the address described in the following box below labeled "Minor's Residence" and whose birthdate is described in the following box labeled "Minor's Birthdate." I consent to the participation of the named minor in horse activities, equine therapy services, and volunteer activities with Mustang Forces, and agree on behalf of the named minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of the named minor.

6. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above described activities, I give my permission to Mustang Forces or to the employees, representatives or agents of Mustang Forces to arrange for all necessary medical treatment for which I shall be financially responsible.

This temporary authority will begin on the following date and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed.

Mustang Forces shall have the following powers:

  1. The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;

  2. The power to authorize medical treatment or medical procedures in an emergency situation; and;

  3. The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.

7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Washington law.

8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Mustang Forces has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.


Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court within Benton County located in the State of Washington.


Any legal proceedings shall be held within Benton County located in the State of Washington.


I hereby release, waive, discharge, and covenant not to sue Mustang Forces, or the employees, representatives, or agents of Mustang Forces all for the purposes here in referred to as Releasees, from all liability to myself, my legal representatives, distributes, guardians, assign, heirs, and next of kin, all for the purposes herein referred to as Releasors, for injury, death, or damage resulting from my  participation in said activity as a result of the negligence of Releasees, or any employee, servant, agent, or contractor of Releasees.  I further release and discharge Releasees from all liability to Releasors for injury, death, or damage resulting from my participation in said activity as a result of the negligence of any other party or parties.  In addition, I hereby release and discharge Releasees from all actions, claims, or demands Releasors now have or may hereafter have for injury, death, or damage resulting from my participation in such activities.

12. EMERGENCY CONTACT. In case of an emergency Mustang Forces may call the following individual and disclose all necessary information regarding the nature of the emergency as well as the means, time, provider, and destination of medical transport:

13. HELMET ADVISEMENT. I acknowledge that I have been advised to wear a helmet while engaged with horse activities.


I have read and understand Section 13 and make the make the following choice:
I choose not to wear a helmet while engaged with horse activities though I have been advised to do so.
I choose to wear a helmet while engaged with horse activities; I agree to furnish my own helmet suitable for engagement with horse activities at no cost to Mustang forces; and I agree to ensure I properly put on my helmet before entering a pen, corral, vicinity of a horse, and before engaging with horse activities.

I HAVE READ THIS DOCUMENT AND UNDERSTAND THAT ANY ACTIVITY INVOLVING HORSES HAS INHERENT RISKS AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH.  


I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. 

By using the following electronic signature block, I certify that I adopt the resulting electronic signature as my own with full force and effect of paper and ink original.

Date
Birthdate
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