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:__________________________________________________________________________
Phone#:___________________________________________________________________________
Date:______________________________________________________________________________
