Cordillera Equestrian Center Liability Wavier Cordillera Equestrian Center Liability Waiver and Indemnification "*" indicates required fields This Release and Waiver of Liability (“Release”) is given by: Check ONE:* I am an individual (“Rider”), giving this release on behalf of myself. I am a parent or guardian (“Guardian”), giving this release on behalf of a minor child (also referred to as “Rider”). Your Name:* First Last Name of Minor Child:* First Last Please read below and check the boxes to confirm your understanding:* This Release and Waiver of Liability (“Release”) is given to the Cordillera Metropolitan District (“CMD”) in consideration of Rider’s participation in the Equestrian Activities described herein. This Release covers and applies to Rider’s participation in equestrian activities, including horseback riding, instruction, training, and other activities (“Equestrian Activities”) at the Cordillera Equestrian Center (“Center”). Read below and check the box to confirm your understanding.* Rider/Guardian, for him/herself and all of his/her heirs, assigns, personal and legal representatives, hereby fully releases, indemnifies and holds CMD, along with any of its officers, directors, instructors, principals, agents, employees, or affiliates (the “Released Parties”) harmless, forever and unconditionally, from any claim, loss, cost, injury, or damage (including without limitation attorneys’ fees and related costs), in law or equity, known or unknown, existing or claimed to exist (each, a “Claim”) that arises out of or relates to any injury (including without limitation death), accident, loss, and/or other damage that Rider and/or Rider’s property may suffer while participating in any Equestrian Activities and/or using any of CMD’s equipment or facilities. Read below and check the box to confirm your understanding.* Rider/Guardian, for him/herself and all of his/her heirs, assigns, personal and legal representatives, agrees not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Rider or Rider’s heirs or legal representatives may have as a result of any personal injury, death or property damage the Rider may sustain while participating in any Equestrian Activities or event and/or using any of CMD’s equipment or facilities. Read below and check the box to confirm your understanding.* Rider/Guardian, for him/herself and all of his/her heirs, assigns, personal and legal representatives, hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Rider’s participation in any Equestrian Activities and/or use of any of CMD’s equipment or facilities. Read below and check the box to confirm your understanding.* Rider/Guardian hereby affirms, acknowledges, and understands that Rider/Guardian has been informed that Equestrian Activities are potentially dangerous activities that involve inherent hazards and risks and no amount of care, caution, instruction or expertise can eliminate the inherent hazards and risks. Rider/Guardian understands the following: Read below and check the box to confirm your understanding.* a. Rider/Guardian understands that there are substantial risks involved in Equestrian Activities, which include but are not limited to, severe injuries that may result in permanent physical disabilities, bone and joint injuries, muscle strain/injury, brain injury, neurological damage, or death. Horses may react unpredictably to the conduct and actions of other Rider and others. Horses may, without warning, kick, bite, balk, stomp, stumble, rear, bolt, fall, and/or react to sudden movements, noise, light, vehicles, persons, animals or objects. Equestrian Activities involve equipment that may break, fail, or malfunction. Riders and persons may not control their animals or ride within their abilities and cause a collision or other unpredictable consequence. Equestrian Activities may be conducted in areas where there are natural or man-made changes in the landscape, including the riding ring where objects may not be marked or hazards visible; where trails are not groomed, maintained, or monitored; where weather or temperature is changeable, unpredictable or dangerous; and where lightning, thunder, beehives, streams, creeks, fallen timber, wild animals or other natural hazards and dangers are present. Read below and check the box to confirm your understanding.* b. Rider/Guardian understands that there are other risks, hazards and dangers inherent in Equestrian Activities in a wilderness or outdoor environment. Rider/Guardian further understands that the descriptions of the risks in this Release are not complete and that there are other risks, hazards and dangers associated with Equestrian Activities that may be unknown or unanticipated. Read below and check the box to confirm your understanding.* c. Rider/Guardian understands that saddle girths (saddle fasteners around the horse’s belly) may loosen during a ride. It is the responsibility of Rider to alert the riding instructor immediately if this occurs so corrective action may be taken to avoid slippage of the saddle, potential fall from the animal, or other consequence. Read below and check the box to confirm your understanding.* d. Rider/Guardian has inspected the facilities and is satisfied that all conditions are reasonably safe for Rider and Rider’s intended purpose and use. Read below and check the box to confirm your understanding.* e. Rider/Guardian expressly acknowledges that the horse(s) ridden by Rider is/are suitable for Rider’s abilities and skills. Rider/Guardian expressly acknowledges that Rider/Guardian has represented to CMD that Rider has the proper riding skills to engage safely in riding Rider’s horse and has the ability to safely manage and control Rider’s horse. Rider/Guardian expressly acknowledges that the staff and employees of CMD are not employed for the purpose of making a reasonable or prudent inquiry concerning Rider’s riding ability, nor are CMD staff on the premises to ensure that Rider exercises the proper standard of care around the horses or other animals. Read below and check the box to confirm your understanding.* f. Rider/Guardian expressly acknowledges that injuries received may be compounded or increased by negligent rescue operations or procedures and therefore agrees that this Release extends to all acts of negligence, whether active or passive, by the Released Parties and is intended to be as broad and inclusive as permitted by the laws of the State of Colorado. Without limiting the foregoing, Rider/Guardian agrees to release and forever discharge the Released Parties from Claims arising from any first aid, treatment or service rendered in connection with Rider’s participation in the Equestrian Activities. Read below and check the box to confirm your understanding.* g. Rider/Guardian agrees that should any provision of this Release be determined by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed to be severed and deleted herefrom, and neither shall such provision, its severance or deletion, shall affect the validity or the remaining provisions of this Release. Read below and check the box to confirm your understanding.* h. Rider/Guardian agrees that this Release shall be governed and interpreted in accordance with the laws of the State of Colorado and that the exclusive venue for resolution of any dispute arising hereunder shall be in the Eagle County District Court. Read below and check the box to confirm your understanding.* i. Rider/Guardian hereby grants and conveys to CMD all right, title and interest in any and all photographic images or video or audio recordings made during Rider’s participation in activities at the Center, including but not limited to, any royalties, proceeds or other benefits derived therefrom. Read below and check the box to confirm your understanding.* j. Rider/Guardian understands that Rider’s use of the Center is at his/her own risk and that CMD shall not be responsible for any injuries, damages and/or consequences as described herein that Rider may suffer as a result of his/her use of the Center. RIDER/GUARDIAN HAS READ THIS RELEASE AND FULLY UNDERSTANDS ITS TERMS AND THAT RIDER/GUARDIAN HAS GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT. RIDER/GUARDIAN ACKNOWLEDGES THAT THERE ARE INHERENT RISKS IN EQUESTRIAN ACTIVITIES FOR WHICH CMD SHALL NOT BE HELD LIABLE. RIDER/GUARDIAN HAS AGREED TO THIS RELEASE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO RIDER/GUARDIAN AND INTENDS RIDER/GUARDIAN’S SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND RIDER/GUARDIAN UNDERSTANDS THAT THIS DOCUMENT REPRESENTS A LEGAL CONTRACT. WARNING: 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 risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.Signature*Today's Date* MM slash DD slash YYYY Name* First Last Do you agree to storage of your data?* Yes By submitting this form, you hereby agree that we may collect, store and process your data that you provided. Δ
