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PARTICIPATION, WAIVER AND RELEASE

TRAIL RIDING, WAGON RIDES, & HORSE CAMP

PLEASE READ CAREFULLY BEFORE SIGNING, THIS IS A RELEASE OF LIABILITY 
AND WAIVER OF CERTAIN LEGAL RIGHTS. In consideration for my being permitted 
by “Gary and Annie Feist” and employees to participate in the various recreational 
activities that take place in an outdoor environment in rough or mountainous terrain, 
I AGREE TO THE FOLLOWING WAIVER AND RELEASE. CERTAIN RISKS ARE 
INHERENT IN ANY RECREATIONAL ACTIVITY AND CANNOT BE ELIMINATED OR 
REDUCED. THE SAME INHERENT RISKS THAT CONTRIBUTE TO THE UNIQUE 
CHARACTER OF THE ACTIVITY CAN BE THE CAUSE OF DAMAGE TO THE PERSON 
OR EQUIPMENT ASSOCIATED WITH THE ACTIVITY, OR INJURY, ILLNESS, PARALYSIS 
OR DEATH. I UNDERSTAND AND ACKNOWLEDGE THAT THERE ARE  RISKS, HAZARDS 
AND DANGERS THAT ARE INHERENT AND INTEGRAL TO THESE ACTIVITIES WHICH 
TAKE PLACE IN A WILDERNESS OR OUTDOOR ENVIRONMENT.

I UNDERSTAND THAT THESE INHERENT RISKS, HAZARDS AND DANGERS INCLUDE 
WITHOUT LIMITATION:

 1.Risks involved in horseback riding. These risks include without limitations areas where 
objects are not marked and hazards may not be visible; where trails are not groomed, 
maintained or controlled; where weather is changeable, unpredictable and dangerous; 
and where lightning, thunder, bee hives, streams, creeks, fallen timber, wild animals and 
other natural hazards and dangers exist.

 2. Risks arising out of any activity involving horses, mules, or donkeys which are 
unpredictable and uncontrollable in all circumstances; which react to the conduct and 
actions of other riders and persons; which without warning kick, bite, stomp, stumble, 
rear, bolt, fall down, and react to sudden movements, noise, light, vehicles, other 
animals or objects; and which involve equipment that may break or otherwise fail and 
other riders who may not control their animals and cause a collision or other unpredictable 
consequences.

 3. Risks involved in guide decision making and conduct in connection with recreational 
activities in a wilderness environment. These risks include without limitation the risk that 
a guide may misjudge an individual’s capabilities, or, misjudge terrain, weather, water level 
or the character of a horse donkey or mule. 

 4. Risks arising from riding or recreating where firearms are allowed, and where others may 
be handling or firing firearms, or both. These risks include without limitations the risk of being
shot or struck by flying debris or of accidental discharge of a firearm or the malfunction of a 
firearm.

 5. Pursuant to Montana Law, Montana code Anno., s 27-1-725, 27-1-726, 27-1-727, inherent 
risks of equine activities include without limitation: the propensity of the animal to behave in 
ways that may result in injury, harm, or death to persons on or around them; the unpredictability
 of the animal’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 or objects; 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 his or her ability. 

6. Such other risks, hazards and dangers that are integral to recreational activities offered and 
engaged in, in a wilderness or outdoor environment.

WARNING

Under Montana 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, pursuant to Montana Law, Montana code Anno., s 27-1-725, 27-1-726, 27-1-727, Montana Statues.

 I acknowledge that the above description of inherent risks is not complete and that there are other risks, hazards and dangers associated with participating in recreational activities in an outdoor environment, that may be unknown or unanticipated. The inherent and other risks, hazards and dangers may result in damage to the person or equipment, or injury, illness paralysis or death. I acknowledge that “Gary and Annie Feist” have been available to more fully explain to me the risks of these activities. I understand that I have responsibilities as a participant in these activities. There are no mental or physical problems or limitations associated with my participation in the recreational activities which I have not disclosed in writing to “Gary and Annie Feist”, I am fully capable of participating in these activities. I understand that the presence of “Gary and Annie Feist” or personnel is no assurance of my safety or the lessening of any of these risks. I AM VOLUNTARILY PARTICIPATING IN THE RECREATIONAL ACTIVITIES OF HORSEBACK RIDING WITH THE FULL KNOWLEDGE OF THE RISKS, HAZARDS AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF DAMAGE, INJURY, ILLNESS, PARALYSIS OR DEATH.

I, for myself, my heirs, successors, executors and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS “Gary and Annie Feist” (“indemnify” meaning protect by reimbursement or payment) its owners, agents and employees, with respect to any and all claims, actions, causes of action, liabilities, suits, expenses (including costs and reasonable attorney’s fees) and NEGLIGENCE OF ANY KIND OR NATURE whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property in any way connected with my participation in these recreational activities or my use of “Gary and Annie Feist’s” horses, equipment or facilities. I AGREE that neither I , nor anyone acting on my behalf, will make a claim of any kind against “Gary and Annie Feist” the owner of any leased private lands, the US Forest Service, National Park Service, BLM, any governmental agency whose property any activity scheduled may be required to utilize, as a result of any damage, injury, paralysis or death to me or my property.

I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS PARTICIPATION, WAIVER AND RELEASE AGREEMENT.

User/Participants signature:___________________________________________________________
(Minors and parents or guardian must BOTH read and sign this waiver)
Address:__________________________________________________________________________
P
hone
#:___________________________________________________________________________
Date:______________________________________________________________________________

 

Shorty & Bear's Guest Ranch
Annie Feist 
95 FAS 254
Glendive, Montana 59330
406.687.3701
Copyright © 2001-2004

01/25/2004