WAIVER OF LIABILITY

 

READ THIS DOCUMENT COMPLETELY BEFORE SIGNING. ITS EFFECT IS TO RELEASE MESSICK QUARTER HORSES AT PINE RIDGE ACRES, LLC, BRENDA AND/OR  THOMAS MESSICK, FAMILY MEMBERS, AND/OR EMPLOYEES FROM ANY LIABILITY RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES SET FORTH BELOW AND WAIVERS ALL CLAIMS FROM DAMAGES OR LOSSES AGAINST  MESSICK QUARTER HORSES AT PINE RIDGE ACRES, LLC, BRENDA AND/OR THOMAS MESSICK, FAMILY MEMBERS, AND/OR EMPLOYEES.

 

                Messick Quarter Horses at Pine Ridge Acres, LLC, Brenda and/or Thomas Messick, Family Members, and /or Employees will not be held liable for any accident, injury, loss, damage, sickness to and/or death of a rider and/or participant in equine activities resulting from the inherent risks (permanently existing or a part of) of equine activities and/or to any damage to and/or loss of riders’ personal property.  Horses, young and old, react differently and unpredictably, in different situations and environments.  I, the rider, and/or parent(s) and/or legal guardian(s), understand the risks involved in the equine sport, including, but not limiting to, the handling, grooming, saddling and unsaddling, and riding of horses.  Rider, parent(s) and/or legal guardian(s), understand that there are risks, inherent and otherwise, involved with equine activities and released Messick Quarter Horses at Pine Ridge Acres, LLC, Brenda and/or Thomas Messick, Family Members, and/or Employees, from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the rider and/or participant, or to any property belonging to the rider and/or participant, whether caused by the negligence of the releasee, or otherwise, while participating in said equine activities or while on the premises where the equine activity is being conducted.

 

                Safety is a concern for everyone, but Messick Quarter Horses at Pine Ridge Acres, LLC, Brenda and/or Thomas Messick, Family Members, and /or Employees does not assume responsibility for it.  Messick Quarter Horses, at Pine Ridge Acres, LLC, Brenda and/or Thomas Messick, Family Members, and /or Employees do promote horse and rider safety precautions and horse and equipment safety checks.  Safety precautions will include, but not be limited to, safety checks of the horse and equipment, proper headgear and foot gear, and safety procedures while handling, grooming, saddling/unsaddling, and riding.

 

                 I, THE RIDER AND/OR PARTICIPANT, AM FULLY AWARE OF THE RISKS AND HAZARDS CONNECTED WITH THE PARTICIPATION IN EQUINE ACTIVITIES.   I, THE RIDER AND/OR PARTICIPANT, VOLUNTARILY AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF LOSS, PERSONAL PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY THE RIDER OR PARTICIPANT INVOLVED IN OR ARISING FROM RIDER’S AND/OR PARTICIPANT’S USE OF OR PRESENCE ON THE PROPERTY AND FACILITIES WHERE THE EQUINE ACTIVITY IS BEING CONDUCTED.  I, the rider and/or participant, elect to voluntarily participate in said equine activities or while on the premises where the equine activity is being conducted.

 

                If an accident, injury, and/or sickness will occur, I give my permission to Messick Quarter Horses at Pine Ridge Acres, LLC, Brenda and/or Thomas Messick, Family Members, and /or Employees to treat, or call for medical attention, and/or authorize emergency treatment if necessary, if the parent(s) and/or legal guardian(s) cannot be reached.  Messick Quarter Horses at Pine Ridge Acres, LLC, Brenda and/or Thomas Messick, Family Members, and /or Employees will not be held liable for any accident, injury, loss, damage, sickness to and/or death of a rider and/or participant that might arise out of or in connection with such authorized emergency medical treatment.  The rider and/or participant has no health related reason or problem that would preclude or restrict participation in these equine related activities.  Rider, and/or parent(s) and/or legal guardian(s), is/are responsible for full and complete insurance coverage on the rider, participant, and/or personal property.   Rider, parent(s) and/or legal guardian(s), have adequate health insurance necessary or the financial capability to provide for and pay any medical costs that may be incurred as a result of injury.

 

                I/we, the rider, parent(s) and/or legal guardian(s), further AGREE TO INDEMNIFY AND HOLD HARMLESS MESSICK QUARTER HORSES AT PINE RIDGE ACRES, LLC, BRENDA AND/OR THOMAS MESSICK, FAMILY MEMBERS, AND/OR EMPLOYEES from any loss, liability, damage or costs, including court costs and attorneys’ fees, that they may incur due to participation in any equine activity.  It is my expressed intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse, if any, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE  Messick Quarter Horses at Pine Ridge Acres, LLC, Brenda and/or Thomas Messick, Family Members, and /or Employees.  This Waiver of Liability and Hold Harmless Agreement shall be considered in accordance with the laws of the State of Nebraska.

 

WARNING! Under Nebraska 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 sections 25-21, 249 to 25-21, 253 N.R.S.

 I, THE RIDER AND/OR PARTICIPANT, AM FULLY AWARE OF THE RISKS AND HAZARDS CONNECTED WITH THE PARTICIPATION IN EQUINE ACTIVITIES.   I, THE RIDER AND/OR PARTICIPANT, VOLUNTARILY AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF LOSS, PERSONAL PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY THE RIDER OR PARTICIPANT INVOLVED IN OR ARISING FROM RIDER’S AND/OR PARTICIPANT’S USE OF OR PRESENCE ON THE PROPERTY AND FACILITIES WHERE THE EQUINE ACTIVITY IS BEING CONDUCTED.

 

 I, the rider and/or participant, elect to voluntarily participate in said equine activities or while on the premises where the equine activity is being conducted.

IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read and understood this Waiver of Liability and Hold Harmless Agreement, have had any explanation to the provisions contained within this Waiver explained upon request, understand it and sign it voluntarily as my free act and deed.

                                                                                                                                                                                     
Rider/Participant’s Signature                             Date                 Address                                               Phone Number

 

If rider/participant is under the age of 18, both (if applicable) of his/her parent or legal guardians must also sign:

 

            I (We), (printed name)                                                                                 , on this             day of                           , 2001, am (are) the parent(s) or legal guardian(s) of the participant who has signed above.  I have read and understand the provisions of this document.   I consent to participation in the riding lessons at Messick Quarter Horses and/or at any arena or event where Brenda Messick is instructing.  I(we) fully enter into and agree to the above Waiver of Liability, and I (we) assume the risk involved in an equine sport, will not sue, and will hold harmless Messick Quarter Horses at Pine Ridge Acres, L.L.C., Brenda and/or Thomas Messick, Family Members, and /or Employees.

 

 

                                                                                                                                                                                           
Parent or Legal Guardian’s Signature                                        Date                 Address                       Phone Number

 

 

                                                                                                                                                                                            
Parent or Legal Guardian’s signature                                    Date                 Address                       Phone Number

 

IN CASE OF AN EMERGENCY AND PARENT OR LEGAL GUARDIAN CANNOT BE REACHED, CONTACT:

 

 

                                                                                                                                                                               
Name                                                 Relationship                    Address                                         Phone Number

 

                                                                                                                                                                                      

Brenda Messick     8301 Little Salt Rd.  RR #2, Box 7A,  Ceresco,  NE  68017                 Phone & Fax:  (402) 785-7005

 

 

WARNING! Under Nebraska 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 sections 25-21, 249 to 25-21, 253 N.R.S.