NOTE: The following form will be made available for signature upon your arrival at the camp and prior to undertaking any activity around the horses; it is provided here for your information.
PARTICIPANT AGREEMENT, RELEASE & ACKNOWLEDGEMENT OF RISK
In consideration of the services of High Wild Lonesome LLC, dba Blue Sky Sage, their agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “High Wild & Lonesome LLC”), I hereby agree to release and discharge High Wild & Lonesome LLC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that horseback trips entail known and unanticipated risks, which could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: loss of control, collisions; horses, irrespective of their previous behavior and characteristics, may act or react unpredictably based upon instinct, fright or lack of proper control by rider; latent or apparent defects or conditions in equipment, animals or property; acts of other participants in this activity, adverse weather conditions; contact with plants or animals; my own physical condition or my own acts or omissions; the condition of roads, trails, waterways, or terrain, and accidents connected with their use; first-aid, emergency treatment or other services rendered; consumption of food and drink.
Furthermore, High Wild & Lonesome LLC employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless High Wild & Lonesome LLC 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 High Wild & Lonesome LLC equipment or facilities, including any such Claims which allege negligent acts or omissions of High Wild & Lonesome LLC.
Should High Wild & Lonesome LLC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
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.
In the event that I file a lawsuit against High Wild & Lonesome LLC, I agree to do so solely in the State of Wyoming, and I further agree that the substantive law of that State shall apply in that action without regard to conflict of law rules of that State.
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 High Wild & Lonesome LLC on the basis of any claim from which I have released him or her herein. 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: ______________________________
(Parent Signature if Participant is under age 18)
Print Name: ______________________________________
City, State, Zip:_____________________________________