Visitor Liability Form
GENERAL RELEASE, AGREEMENT NOT TO SUE, AND INDEMNITY AGREEMENT
- In consideration of my/our being permitted to participate any activity involving horses, any social event or any other activity conducted by DeKo Ranch., its shareholders, officer’s directors, employees, agents, contractors, subcontractor or assigns (collectively referred to as “DeKo). and on behalf of me or my guests, l, my legal representative(s), assigns, heirs, guardians, spouse and next of kin, hereby release, waive, and agree not to sue, subrogate or bring any claim of any kind against, OF and LANDOWNER. The terms “DeKo Ranch” and ‘LANDOWNER” may be used interchangeably and shall also include the owners, shareholders, directors, officers, partners, members, managers, employees, agents, contractors, subcontractors, spouses, heirs. lessees. or permittees of DeKo Ranch and/or LANDOWNER, which also includes but is not limited to any of the following individual or entities, including DeKo Ranch, doing business; DeKo Ranch LLC, Theodore DeKowzan, whether intentionally or inadvertently, or simply being present upon, in connection with any activities conducted at, by, attend by, or on behalf of any of these individuals or entities or any activity which occurs upon their premises.
- I understand that horse riding is a high-risk sport and hat my participation in this activity may also involve participation in an “equine activity” as defined by applicable laws and is wholly at my own risk. I understand that my participation involve all inherent risks associated with the dangers and conditions which Are an integral part of equine activities including but not limited the propensity of equines to behave in ways which may result in injury, harm or even death to humans or other animals around or them; the unpredictability of equine reaction to sounds, sudden movements, smells, and unfamiliar objects; persons or other animals; hazards to surface and subsurface conditions; collisions with other equines or objects; and, the potential of participant to act in a negligent or unskilled manner which may contribute to injury to tie participant or others including falling or inability to maintain control over the animal. By participating in this activity I to assume responsibility for those risks, and I release and agree to hold harmless DeKo Ranch, LANDOWNER and any shareholder, director, officer, partner, member, manager, employee agent or guest of DeKo Ranch or LANDOWNER, and the activity organizer, organizing committee, officials and volunteers assisting in conduct of this activity, from all liability including but not Limited to negligence resulting in accidents, damage, injury or illness to myself and my property, including the horse(s) which I my ride.
- This General Release is intended to be as broad and inclusive and include, but are not limited to, any claims of negligence, breach of contract, strict liability and claims for bodily injury, death, property damage, or other loss.
- UNDER COLORADO LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITES RESULTING PROM INHERENT RISKS OF EQUINE ACITVTTIES.PURSUANT TO SECTION 13-21-119, COLORADO REVISED STATUTES.
- I also agree if anyone makes any claim(s) because of any injury to me (including death), or for any damage to my property, I will indemnify, defend, and hold harmless all those released by this general Release from any expenses, damages or judgments, including legal expenses and attorney’s fees, resulting from those claims.
- I also acknowledge and agree that I have, or it is our responsibility to obtain and keep in force, sufficient insurance coverage (including. but not limited property, liability, health, disability and life, equine mortality and liability) to protect me from any expense, liability claims or damages mentioned or included in this Agreement and that whether or not I obtain such insurance and whether or not such insurance is sufficient, the above provisions shall be fully effective and enforceable and I/we will be bound and liable thereunder. I acknowledge that it is my responsibility to obtain and keep in force, sufficient insurance coverage for tack or any personal property left at DeKo Ranch. DeKo Ranch does not carry this for its customers and advises me that homeowner’s insurance often does not provide this coverage. I also authorize its shareholders, officers, directors, employees, agents, contactors, or assigns, including but not to DeKo Ranch doing business as DeKo Ranch, to authorize medical treatment by a physician or hospital for myself and/or my child in the event of accident or Injury if they are unable to contact person the designated to be contacted in case of emergency with reasonable sped, or If they reasonably believe the circumstances do not allow time for such a contact.
HAVE READ VOLUNTARILY SIGN THIS GENERAL RELEASE, AGREEMENT NOT TO SUE, AND INDEMNITY AGREEMENT AND ITS FURTHER UNDERSTOOD AND AGREED THAT THIS GENERAL RELEASE, AGREEMENT NOT TO SUE AND INDEMNITY AGREEMENT IS TO BE BINDING UPON ME, MY PARENTS/MY CHILD, MY HEIRS, ASSIGNS, LEGAL OR PERSOANAL REPRESENATATIVES, SPOUSE AND NEXT OF KIN.