Witness this release on the date below by and between People and Animal Learning Services, Inc., an Indiana not-for-profit corporation, (hereinafter referred to as “Management”), the owner and operator of the stables, riding arena and real estate located at 7644 W. Elwren Road, Bloomington, IN 47403 (hereinafter, collectively, the “Riding Facilities”) and the listed participant below (hereinafter referred to as “User”) and, if User is a minor or ward, participant’s parent or guardian listed below, (hereinafter referred to as “Guardian”) (User and Guardian are hereinafter sometimes referred to as “Participant”). For valuable consideration received, and in exchange for the covenants and representations herein made, Management, on behalf of itself, its instructors, employees, Board of Directors, Advisory Board, therapists, aides, volunteers, drivers and/or agents (collectively hereinafter referred to as “PALS”) and User, Guardian (if applicable), Participants’ heirs, assigns, and/or representatives, hereby agree as follows: 1) THE PARTICIPANT AGREES TO ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM OR RELATED TO USER’S USE OF THE RIDING FACILITIES OR PRESENCE UPON THE RIDING FACILITIES, USE OF HORSES AND EQUIPMENT PROVIDED BY PALS WHETHER ON OR OFF OF THE RIDING FACILITIES, AND ANY RELATED APPURTENANCES, FACILITIES OR EQUIPMENT LOCATED THEREON, INCLUDING, BUT NOT LIMITED TO THOSE RISKS WHICH MAY ARISE FROM OR IN CONNECTION WITH THE NEGLIGENCE OF PALS. PARTICIPANT ACKNOWLEDGES THAT THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO, DEATH, BODILY INJURY OR PROPERTY DAMAGE DUE TO FALLS, KICKS, BITES, COLLISIONS, BEHAVIOUR OF OTHER HORSES, FIRE, EXPLOSION, AND LIMITED EMERGENCY MEDICAL CARE AVAILABILITY. 2) Participant acknowledges that horses, by their very nature are unpredictable and may act upon instinct, fright or whim. Participant assumes all risks in connection therewith and expressly waives any claims for any injury, damage or loss arising therefrom. Participant agrees to abide by and follow PALS’ instructions, rules and regulations. Participant further acknowledges that the behavior of any animal is contingent to some extent upon the ability of the User. Participant assumes all risks therefore and warrants a full and fair disclosure of User’s abilities have been made to Management. Participant affirms that participant has been well advised and thoroughly informed of the risks and inherent dangers of horseback riding and being in the presence or horses in general. Participant agrees to assume any and all risks involved in or arising out of Participant’s use of any equipment or livestock pertaining to the rental and riding of horses or riding lessons, the use of any equipment, arena or other structure on or about Riding Facilities, the use of any trail on or about the Riding Facilities or related to any and all riding lessons whether provided at the Riding Facilities or off of the Riding Facilities. 3) PARTICIPANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY AND DEFEND PALS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH PARTICIPANT’S USE OF OR PRESENCE UPON THE RIDING FACILITIES OR USE OF HORSES AND EQUIPMENT PROVIDED BY PALS WHETHER ON OR OFF OF THE RIDING FACILITIES, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PALS OR ANY THIRD PARTY. 4) PARTICIPANT HAS CAREFULLY READ AND UNDERSTANDS THIS CONTRACT AND AGREES WITH ITS CONTENTS. UNDER INDIANA 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. THIS IS A RELEASE OF LIABILITY. UNDER INDIANA 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.
