This release 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 Participant, (hereinafter referred to as "Participant ") and, if Participant is a minor or ward, Participant's parent or guardian, (hereinafter referred to as "Guardian") (Participant 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 Participant, Guardian (if applicable), Participants' heirs, assigns, and/ or representatives, hereby agree as follows:
1. The participant agrees to assume any and all risks 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, behavior 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 Participant. Participant assumes all risks therefore and warrants a full and fair disclosure of Participant'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.
3. 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.
4. Participant agrees to release, discharge, hold harmless, indemnify and defend PALS from and
against any and all claims, demands, causes of action, damages, judgements, orders, costs or expenses, including reasonable attorneys’ 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.
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. DO NOT AGREE IF YOU DO NOT UNDERSTAND OR AGREE WITH ITS TERMS.