[{"type":"header","subtype":"h1","label":"Registration Form header","className":"waiver-header-element"},{"type":"paragraph","subtype":"p","label":"Elevate Horsemanship

(503)459-7754

Elevatehms@gmail.com

","className":"waiver-legal-element"},{"type":"header","subtype":"h1","label":"Elevate Horsemanship Policies and Release Agreement"},{"type":"paragraph","subtype":"p","label":"Elevate Horsemanship, its owners, subsidiaries, affiliates, agents, servants, employees and trainers shall not be liable for any sickness, disease, estray, theft, death or injury which may be suffered by horse while in the custody of Trainer, nor for any loss, damage or injury arising out of or in connection with the boarding, conditioning, training or other services pursuant to this contract, or provided by contract through another party, except as required by law. Client fully understands, authorizes and assumes the special risks inherent in the conditioning, training, showing, boarding and transporting of horses, and acknowledges that mortality and other insurance is the sole responsibility of Client. Client recognizes that Trainer does not carry liability insurance against any damages or liability which may arise from the transportation of Client's horse(s) and Trainer is unwilling to provide transportation without this such recognition. All implied warranties including fitness, merchantability or otherwise and all special, incidental and consequential damages are hereby excluded to the fullest extent permitted by law. In no event shall Client's remedy exceed the amount of the fee paid under this Agreement. Client agrees to indemnify and hold Trainer harmless from any claim related to damages, illness and injury caused by the horse(s) and from any claim by a buyer of the horse(s) and agrees to pay all expenses and attorneys' fees incurred by Trainer in defending such claims. Client does for him/herself, his/her heirs, executors, administrators and assigns, and for his/her minor children or others using the stable under his/her authority, their heirs, executors, administrators or assigns, thereby release, waive, discharge and relinquish any action or causes of action aforesaid, which may hereafter arise for him/herself for his/her estate and his/her minor children and those using the stable under their authority, and their estates, and agrees that under no circumstances will he/she or his/her heirs, executors, administrators and assigns prosecute or present any claim for personal injury, property damage or wrongful death against Trainer, its owners or any of its officers, agents, servants, employees or trainers for any of said causes of action, whether the same shall arise by the instrument to exempt and relieve Trainer, its owners and any of its officers, agents, servants, employees and trainers from liability for personal injury, property damage or wrongful death caused the negligence of any said persons, or otherwise.

Inherent Risks and Assumption of Risk. Client acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways much as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on that may result in an injury, harm or death to persons on or around them, the unpredictability of equine's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals, certain hazards such as surface and subsurface conditions; collisions with other animals, the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant's ability.

Client expressly releases Trainer from any and all claims for personal injury or property damage, (if allowed by the laws of this State) by Client or its representatives, agents or employees.

WARNING

Under Oregon law, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine, and no participant or participant's representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine. ORS 30.691.

Attorneys' Fees. In the event action is instituted to enforce any term of this: Agreement, the prevailing party shall recover from the losing party reasonable attorneys' fees incurred on such action as set by the trial court and, in the event of an appeal, as set by the appellate courts.

Waiver of Subrogation Rights. Neither party shall be liable to the other (or to the other's successors or assigns) from loss arising out of damage or destruction of the premises, or the buildings or improvements which are a part of the premises, or the contents thereof, or horses which are boarded at Trainer, or tack and other personal property stored or maintained at Trainer by Trainer when such loss is caused by any of the perils which are or could be included within or insured against by a standard form of fire insurance with extended coverage, sprinkler leakage insurance, renter's insurance or equine loss or mortality insurance.

Applicable Laws. All of the terms herein and the rights, duties, and remedies of the parties shall be governed by the laws of the State of Oregon. Any part of this Agreement contrary to the law of any state having jurisdiction shall not invalidate other parts of this Agreement in that state.

Waiver of Right to Bring Action. As a condition of participation, the Client expressly waives the right to bring any action against Trainer, its members, agents, servants, employees, trainers and/or other clients for injury or death arising from riding, training, grooming or riding as a passenger upon an equine or in conjunction with any equine activity conducted at Trainer's facilities or by Trainer.

"},{"type":"header","subtype":"h1","label":"FERNWOOD SPRINGS RANCH LIABILITY WAIVER AND RELEASE"},{"type":"header","subtype":"h1","label":"HORSE RIDING AGREEMENT AND LIABILITY RELEASE FORM "},{"type":"paragraph","subtype":"p","label":"FOR INDIVIDUALS RIDING HORSES AT “THIS STABLE”, THIS FORM MUST BE COMPLETED BY AND FOR EACH PARTICIPANT"},{"type":"paragraph","subtype":"p","label":"Fernwood Springs Ranch and Shannon and Leland Grayson, hereinafter known as “THIS STABLE”. "},{"type":"paragraph","subtype":"p","label":"Located at 31100 NE Fernwood Rd., Newberg, OR 97132 • (503) 880-3493 "},{"type":"paragraph","subtype":"p","label":"THIS DOCUMENT AFFECTS YOUR RIGHTS IN THE EVENT OF INJURY PLEASE READ CAREFULLY BEFORE SIGNING SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. THIS STABLE DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR HORSE. IT IS HEREBY AGREED TO AS FOLLOWS: "},{"type":"paragraph","subtype":"p","label":"AGREEMENT OF RIDERS AND AGREEMENT PURPOSE the following listed individual hereinafter known as the “RIDER”, and the parents or legal guardians thereof if a minor, do hereby voluntarily request and agree to participate in horse riding on THIS STABLE’S premises, and that RIDER will ride his/her own horse or one borrowed or leased by RIDER’S own arrangement, today and on all future dates: "},{"type":"text","required":false,"label":"Name","className":"form-control","name":"text-1757269851763-0","subtype":"text"},{"type":"text","required":false,"label":"ADDRESS","className":"form-control","name":"text-1757269901458-0","subtype":"text"},{"type":"paragraph","subtype":"p","label":"RIDER desires to engage in equine activities sponsored by, or in which RIDER will be using an equine, tack, equipment, facilities or premises, furnished by THIS STABLE. RIDER understands there are risks in equine activities: that all horse activities are inherently dangerous, and agrees to comply with Oregon’s Equine Inherent Risk Law ORS.30.687-30.697, which limits liability for providers of equine activities and services. As a condition of participation in or viewing equine activities, RIDER (individually and for his/her minor children, executors and heirs) waives the right to bring and releases THIS STABLE and THIS STABLE’S administrators, agents, officers, directors, employees, predecessors and successors-in-interest, and any other persons or entities united in interest with THIS STABLE from any and all manner of actions, suits, claims for relief, demands, damages, and any other obligations, known and unknown, suspected and unsuspected, in law of equity, direct or indirect and whether now or in the future, for any injury or death arising out of or connected in any way with riding, training, grooming, or handling an equine. RIDER agrees that by using THIS STABLE'S facility, including barns and arenas, trails, jumps, tack and horses, he/she is participating in a dangerous sport and that he/she will be responsible for the safety of self and children or others in their party. RIDER understands that THIS STABLE STRONGLY RECCOMENDS safety helmets and boots with heels to be worn by all riders under 18, all riders while jumping, and STRONGLY RECCOMENDS that all riders wear helmets and boots at all times. RIDER understands that equine activities can be dangerous, in spite of all care taken by THIS STABLE. Due to their size and unpredictable nature, horses can react in unexpected ways. Personal property can also easily be misplaced or damaged for many different reasons. RIDER further agrees that any other RIDER’S, or guests or family members which RIDER brings onto this property, shall be required to sign THIS STABLE'S general liability release, and RIDER assumes full responsibility for securing these signatures and providing the signed release to THIS STABLE in a timely fashion. RIDER further agrees to indemnify THIS STABLE and/or the released parties for any and all costs incurred by THIS STABLE and/or the released parties in defense of any claim brought against THIS STABLE and/or third-party guests of RIDER, whether such claim arises on or off premises, including reasonable attorneys’ fees and costs, if applicable. This release contains the entire agreement between the two parties hereto and the terms of this release are contractual, not a mere recital. "},{"type":"text","required":false,"label":"Emergency Contact Name/relationship/phone:","className":"form-control","name":"text-1757270038327-0","subtype":"text"},{"type":"text","required":false,"label":"Emergency Contact Name/relationship/phone:","className":"form-control","name":"text-1757271537604-0","subtype":"text"},{"type":"header","subtype":"h1","label":"THIS DOCUMENT AFFECTS YOUR RIGHTS IN THE EVENT OF INJURY. I have read and understand and agree to this release.
By signing below you are agreeing to both release forms for ELEVATE HORSEMANSHIP and FERNWOOD SPRINGS RANCH
"},{"type":"text","required":false,"label":"Please list any additional family members who will be on the property ","className":"form-control","name":"text-1757271545497-0","subtype":"text"},{"type":"checkbox-group","required":true,"label":"Electronic signature consent","className":"waiver-accept-element","name":"checkbox-group-1735496734619","values":[{"label":"I agree to the above statements and policies.","value":"option-1","selected":true}]},{"type":"signature","required":true,"label":"Signature","className":"waiver-signature-element","name":"signature-1735496734630"}]

Elevate Horsemanship

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