HAVENS HOPE RANCH
Release of Liability-For Goat Yoga Participant
WITNESS THIS RELEASE dated electronically, by and between HAVENS HOPE RANCH, hereinafter referred to as “Management,” Pilsung ATA Martial Arts, hereinafter referred to as "Instructor", and the undersigned, hereinafter referred to as “Participant,” and if Participant is a minor, The parent or guardian, as undersigned. For consideration received, and in return for the use, today and on all future dates of the property, facilities and services of Management, Management’s instructors, employees, drivers, volunteers and agents; Participant, Participants’ heirs, assigns, and representatives, hereby agree as follows:
1. Participant AGREES TO ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM USE OF THE PREMISES OR PRESENCE UPON THE PROPERTY AS ABOVE-DESCRIBED AND THE FACILITIES INCLUDED THEREON, INCLUDING BUT NOT LIMITED TO, RISKS OF DEATH, BODILY INJURY, PROPERTY DAMAGE, FALLS, KICKS, BITES, COLLISIONS WITH VEHICLES, OTHER HORSES or other animals, OR STATIONARY OBJECTS, FIRE, EXPLOSION, LIMITED EMERGENCY MEDICAL CARE AVAILABLITIY, OR THE NEGLIGENCE OR DELIBERATE ACT OF ANY OTHER PERSON. Participant acknowledges that goats and horses, by their very nature are unpredictable and subject to animal whim. Participant assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. Participant agrees to abide by and follow Management’s rules and regulations which shall be posted and/or available from time to time. Participant further acknowledges that the behavior of any animal is contingent to some extent upon the ability and behavior of participant. Participant assumes all risks therefore and warrants a full and fair disclosure of participants abilities has been made to Management.
2. Participant agrees to assume any and all risks involved in or arising out of participant’s use of any equipment of livestock pertaining to Yoga or handling of any animal on site, use of any arena, trail or pasture on the premises of Management and for purposes of participating in Yoga or other activities on the premises.
3. PARTICIPANT AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGEMENT AND INSTRUCTOR AGAINST, AND HOLD HARMLESS FROM, ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGEMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, WHETHER ACTUALLY INCURRED OR NOT, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH PARTICIPANTS USE OF OR PRESENCE UPON THE PROPERTY OF MANAGEMENT AND THE FACILITIES LOCATED THEREON.
4. Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim. Participant agrees that damages shall be limited to $250.00 for property damage, actual expenses incurred, and a maximum of $10,000.00 for non-consequential damages such as pain and suffering.
6. Participant agrees to waive the protection of any applicable statuses in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.
WARNING -
UNDER INDIANA LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.