At A Glance Quarter Horses Participant Agreement Release and Acknowledgement of Risk READ CAREFULLY AND COMPLETE ALL SECTIONS BEFORE SIGNING For At A Glance Quarter Horses, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “AAGQH”). I hereby agree to release and discharge AAGQH., on behalf of myself, my children, my parents, my heirs, assigns, personal and estate as follows: 1. REGISTRATION OF PARTICIPANT AND AGREEMENT PURPOSE : I, the following listed individual, and the parents or legal guardians thereof if a minor (under 18) do hereby voluntarily agree to participate in horse rental services and/or equestrian services and/or horse lessons and/or horse camps and/or trail rides and/or guide and outfitter services provided by AAGQH. Participants Name (print): Age (If under 18) : Weight (over 240 lbs): ___________________________ Age: ___ Date of birth : ______ ____No ___Yes Horse riding experience (check one that applies) ___ Beginner (under 10 hrs) ___ Over 10 hrs Does Participant have any physical or emotional condition(s) that may effect his/her safety and ability to ride a horse ? YES NO (circle one) If you circled “YES” how can we help this participant with his/her special needs? _________________________________________________________________ MEDICAL INSURANCE : I / We agree that : Should medical treatment be required, I and/or my medical insurance shall pay for ALL such incurred expences. My medical insurance company is _____________________________________ My policy number is ___________________________ I do not carry medical insurance _____ 2. AGREEMENT SCOPE AND TERRITORY AND DEFINITIONS : This agreement shall be legally binding upon the registered participant, and the parents or legal guardians thereof if a minor, their heirs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of Colorado and the county of Clear Creek. This agreement is intended to be valid and binding at all times, now and in the future, when AAGQH permits me (directly or indirectly) to enter AAGQH property (or property AAGQH is currently using), be on AAGQH property(or property AAGQH is currently using), be near any horse, receive instruction or guidance from AAGQH and/or when I ride and/or when I am near horses on or off AAGQH property. Any disputes by the participant shall be litigated in and venue shall be in Colorado and the county of Clear Creek. This agreement is intended to be as broad and inclusive as the law permits. If any clause, phrase, or word is in conflict with Colorado state law, than that single part is null and void. The term “HORSE” and “EQUINE” herein shall refer to all equine species. The terms “I”, “WE”, “ME”, “MY shall herein refer to the above registered participant and the parents or legal guardians thereof if a minor. _______ 3. INHERENT RISKS / ASSUMTION OF RISKS : I acknowledge that : horseback riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY and that risks, conditions, and dangers are inherent in (meaning an integral part of) horse / equine / animal activities, regardless of all feasible safety measures which can be taken, and I agree to assume them. The inherit risks include, but are not limited to any of the following : The propensity of an animal to behave in ways that may result in injury, harm, death, paralysis, physical or emotional injury or loss to persons on or around the animal; the unpredictably of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; Hazards, including but not limited to, surface or subsurface conditions; A collision, encounter and/or confrontation with another equine, animal, person or object; The potential of equine activity participant to act in a negligent manner that may contribute to injury, harm, death, or loss to the participant or to other persons, including but not limited to, failing to maintain control over an equine and/or failing to act within the ability of the participant. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be a distance of from 3 ½ to 5 ½ feet, and the impact may result in harm to the rider. Horseback riding is an activity in one much smaller, weaker, predator animal (the human) tries to impose its will on, and become one unit of movement with, another much larger, stronger prey animal that has a mind of its own (the horse) and each has a limited understanding of the other. If a horse is frightened or provoked, it may divert from its training and act according to its natural survival instincts, which may include, but are not limited to, stopping short; spinning around; changing directions and/or speed at will; shifting its weight; bucking; rearing; kicking; biting; and/or running from danger. Horses, irrespective of their previous behavior and characteristics, may act or react due to instinct, fright, lack of proper control by the rider, contact with plants or animals, acts of other participants in this activity, adverse weather conditions, or the condition of the terrain. My own physical condition, my own acts or omissions, unapparent defects or conditions in equipment, consumption of food or drink, all can contribute to these risks. I expressly agree and promise to accept and assume all of the risks existing in this activity. I also acknowledge that these are just some of the risks and I agree to assume others not mentioned above. I am not relying on AAGQH to list all possible risks for me. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. ________ 4. WILDERNESS EXPERIENCE PARTICIPATION, CONDITIONS OF NATURE WARNING, UNFAMILIAR AND SUDDEN SIGHTS, SOUNDS, AND MOVEMENTS WARNING, AND INSPECTION OF PREMISES : I/we acknowledge that : The participant may be taking part in a “WILDERNESS EXPERIENCE” that may be hazardous to people. I/we acknowledge that the meaning of “WILDERNESS EXPERIENCE” is defined as the pursuit of activity in a natural and/or wild and/or rugged and/or uncultivated area or region, as of forest and/or hills and/or mountains and/or plains and/or wetlands which would likely be uninhabited by people and inhabited by wild animals of many types and species to include, but not limited to, mammals, reptiles, and insects which are not tame, may be savage and unpredictable in nature and also wandering at their will. I/we acknowledge that AAGQH is NOT responsible for total or partial acts, occurrences, or elements of nature and/or sudden and/or unfamiliar sights, sounds, and/or sudden movements that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: Thunder, lightning, rain, wind, wild or domestic animals, insects, reptiles, which may walk, run, fly near, bite or sting a horse or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. I also acknowledge that these are just some of the risks and I agree to assume others not mentioned above. I am not relying on AAGQH to list all possible conditions for me. The participant and parent or legal guardian have inspected AAGQH facilities (or facilities AAGQH is currently using) and are satisfied that all premise conditions are reasonably safe for this participants intended purpose, usage and presence upon AAGQH premises (or premises AAGQH is currently using). _______ 5. CARRY-ON OBJECTS WARNING AND SHARP, LOUD NOISES WARNING : I/we acknowledge that : When approaching, mounting, and riding horses, I must not carry loose items which might fall or blow away or flap in the wind or bounce or make sharp or loud noises, the action of which may scare horses causing them to react in unsafe ways. SOME EXAMPLES ARE : Cameras, cell phones, hats not securely fastened under chin, toys, purses. When near or riding a horse participants must not make sharp or loud noises, such as whistling or screaming or yelling, the sound of which may scare horses them to react in unsafe ways. _______ 6. SADDLE GIRTH LOOSENING WARNING: I/we acknowledge that : Saddle girths (fasteners that straps around a horse’s belly) may loosen during riding. Riders must alert the nearest AAGQH attendant of any girth looseness so action can be taken to avoid saddle slippage and the potential for the rider to fall from the horse. ______ 7. PROTECTIVE HEADGEAR / HELMET WARNING AND OFFERING : I/we agree that : I for myself and on behalf of my child and/or legal ward have been fully warned and advised by AAGQH that protective headgear / helmet that meets or exceeds the quality standards of the SEI certified ASTM standard F 1163 equestrian helmet, should be worn while riding, handling, and/or being near horses, and I understand that the wearing of such headgear / helmet at these times may reduce severity of some of the wearers’ head injuries and possibly prevent the wearers’ death from happening as the result of a fall or other occurrence. I/we acknowledge that : AAGQH has offered me and my child and/or ward if applicable, protective headgear / helmet that meets or exceeds the quality standards of the SEI certified standard F 1163 equestrian helmet. I/we acknowledge that : Once provided, if I choose to wear the protective headgear / helmet offered that I/we will be responcible for properly securing the headgear / helmet on the participants head at all times. I am not relying on AAGQH to check any headgear / helmet or headgear / helmet strap that I may wear, or to monitor my compliance with this suggestion at any time now or in the future. _______ 8. AAGQH HEADGEAR / HELMET POLICY : I/we understand and agree that AAGQH requires riders to wear ASTM standard F 1163 protective headgear / helmet according to the following policy : Minors (under 13) must wear helmets Minors (13 to 17) must wear helmets unless their parents or legal guardian sign the refusal statement Adults (18 and over) may choose to wear or not wear helmet by checking the acceptance or refusal box PROTECTIVE HEADGEAR / HELMET ACCEPTANCE OR REFUSAL SECTION ___ I/we request this participant to wear protective headgear / helmet which AAGQH provides and I/we will be solely responsible for securing the headgear / helmet on the participants head. ___ I/we request this participant to wear protective headgear / helmet which I provided and I/we will be solely responsible for securing the headgear / helmet on the participants head. ___ I/we refuse for this participant to wear any type of protective headgear / helmet . I/we assume full responsibility for my/our safety in this decision. Sign refusal below. It is recommended that all participants wear headgear while participating in equine activities. Protective Equestrian Refusal Agreement I for myself and or on the behalf of my child or legal ward have been fully warned and advised by AAGQH, that we should purchase and or wear properly fitted and secured ASTM-SEI (Equestrian Standard) Certified Helmet while riding or being around horses (whether on the premises of AAGQH or off the premises) in order to reduce the severity of some of our head injuries and to possibly prevent my/our death from happening as a result of a fall or any other occurrence associated with this activity. We realize that we are subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of AAGQH the guide / Instructor, numerous court cases & AAGQH Insurance Company, We are refusing this critical safety precaution. Signer state of awareness I / We the undersigned have read the foregoing statement carefully before signing and do understand the warnings and assumption of risks. ____________________________________________Date____________________ Signature of Rider _____________________________________________Date___________________ Signature of Parent, Guardian and or Spouse 9. EQUINE ACTIVITY LIABILITY ACT : Under Colorado law, an Equine Professional is not liable for an injury to, or the death of a participant in equine activities resulting from the Inherent Risk of Equine activities pursuant to section 13-21-119 Colorado revised statutes. I have read and understood it, and I agree to be bound by its terms. ____________________________________________Date_________________ Signature of Rider _____________________________________________Date________________ Parent, Guardian and or Spouse 10. LIABILITY RELEASE : I AGREE THAT : In consideration of AAGQH allowing my participation in this activity, under the terms set forth herein, and on behalf of my child and/or my legal ward, heirs, administrators, personal representatives or assigns, do agree to release, hold harmless and discharge AAGQH its owners, agents, employees, officers, directors, representatives, assigns, members, volunteers, owners of premises and trails, affiliated organizations, and insurers, and others acting on their behalf (hereinafter, collectively referred to as “associates” ) , of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to AAGQH and/or its associate’s ordinary negligence or legal liability; and I do further agree that except in the event of AAGQH’s gross negligence and/or willful and/or wanton misconduct , I shall not bring any claims, demands, legal action and causes of action against AAGQH and its associates as stated above in this clause, for any economic and non-economic losses due to bodily injury and/or death and/or property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of AAGQH, to include while riding, handling, or otherwise being near horses owned by me or owned by AAGQH, or in the care, custody or control of AAGQH, whether on or off the premises of AAGQH, but not limited to being on AAGQH’s premises. I hereby voluntarily release, forever discharge, and agree to indemnity and hold harmless AAGQH, from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AAGQH’s equipment or facilities, including any such Claims which allege negligent acts or omissions of AAGQH. Should AAGQH or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnity and hold them harmless for all such fees and costs. In the event that I file a lawsuit against AAGQH. I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. _______ 11. COVERAGE OF DAMAGES : I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. _______ By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against AAGQH on the basis of any claim from which I have released them herein. I/we understand that by signing this document I/we are giving up rights to sue today and in the future. I/we attest that all the facts are true and accurate. I am signing this while of sound mind and not suffering from shock or under the influence of alcohol or drugs or intoxicants. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. Signature of Participant: _________________________________________ Print Name : _________________________________________ Address : _________________________________________ City, State, Zip : __________________________________________ Phone : ________________________ Date : _______________ Parent or Guardian’s Additional Indemnification (Must be completed for participants under the age of 18) In consideration of _____________________________(Print Minor’s name) minor being permitted by AAGQH to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless AAGQH from any and all claims which are brought by, or on behalf of Minor , and which are in any way connected with such use or participation by Minor. Parent or Legal Guardian : _________________________________ Print Name : _________________________________ Date : ___________________ (There will be a $20.00 Cool down Fee for any horse brought back sweaty)