(the “Participant”). Collectively, Serendipity, Oakhaven and Participant are referred to as the Parties.
Participant desires to take equine lessons provided by Serendipity. In consideration of the promises and covenants described herein, the parties agree and act as follows:
1. Inherent Risks of Horses and Release for Same. Participant understands and acknowledges that there are inherent risks and hazards associated with horses and equine activities. Participant voluntarily and expressly assumes all risks associated with participating in equine activities before, during and after the lessons provided by Serendipity, and Participant expressly agrees that the RELEASE OF ANY AND ALL LIABILITY and INDEMNIFICATION provided for below in paragraphs 2 and 3 apply to any and all claims against Serendipity for personal injuries and damages sustained as a result of the inherent risks of horses and equine activities.
2. Release of Any and All Liability. IN CONSIDERATION FOR SERENDIPITY ALLOWING PARTICIPANT TO ENTER THE PROPERTY AND TAKE LESSONS, PARTICIPANT, HIS/HER PREDECESSORS, SUCCESSORS, ASSIGNS, HEIRS, PARENTS, CHILDREN, EXECUTORS, ADMINISTRATORS, OTHER LEGAL REPRESENTATIVES, AND ALL OTHER PARTIES REPRESENTED BY OR CLAIMING THROUGH PARTICIPANT, EXPRESSLY RELEASE AND HOLD HARMLESS SERENDIPITY, ITS OFFICERS, MEMBERS, EMPLOYEES, TRAINERS AND INDEPENDENT CONTRACTORS FROM ANY AND ALL PAST, PRESENT, AND FUTURE CLAIMS, DEMANDS, SUITS, ACTIONS AND CAUSES OF ACTION OF ANY KIND OR CHARACTER, AND WHETHER OR NOT BASED UPON THE SOLE OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF SERENDIPITY AND/OR ITS OFFICERS, MEMBERS, EMPLOYEES, TRAINERS AND INDEPENDENT CONTRACTORS, AND INCLUDING ANY AND ALL CLAIMS FOR PERSONAL INJURIES, SICKNESS, DEATH, MEDICAL EXPENSES, THEFT AND ALL OTHER LOSS OR DAMAGES TO THE HORSE AND PARTICIPANT, ARISING OUT OF OR RELATING TO THE LESSONS PROVIDED TO PARTICIPANT AND PARTICIPANT’S RIDING OF HORSES.
THE PARTICIPANT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SERENDIPITY, ITS OFFICERS, MEMBERS, EMPLOYEES, TRAINERS AND INDEPENDENT CONTRACTORS FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ASSERTED BY ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY LIEN HOLDERS AND SUBROGATION INTERESTS, AGAINST SERENDIPITY, ITS OFFICERS, MEMBERS, EMPLOYEES, TRAINERS AND INDEPENDENT CONTRACTORS RESULTING FROM PARTICIPANT’S PARTICIPATION IN EQUINE ACTIVITIES, AND BROUGHT BY, THROUGH OR UNDER THE PARTICIPANT, WHETHER OR NOT BASED UPON THE SOLE OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF SERENDIPITY, ITS OFFICERS, MEMBERS, EMPLOYEES, TRAINERS AND INDEPENDENT CONTRACTORS. PARTICIPANT EXPRESSLY INTENDS THAT HIS/HER OBLIGATION TO DEFEND, INDEMNIFY, AND HOLD HARMLESS INCLUDES, BUT IS NOT LIMITED TO, THE ATTORNEYS’ FEES, COURT COSTS AND RELATED EXPENSES INCURRED BY SERENDIPITY, ITS OFFICERS, MEMBERS, EMPLOYEES, TRAINERS AND INDEPENDENT CONTRACTORS.
4. Participant understands and acknowledges that under Texas law (set forth below) an equine professional such as Serendipity is not liable for an injury to or death of a participant in equine activities resulting from the inherent risks of such equine activities.
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY OR DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
I, THE UNDERSIGNED PARTICIPANT, HAVE READ AND DO UNDERSTAND THE TERMS OF THE ABOVE AGREEMENT, THE WARNING, THE RELEASE OF LIABILITY, THE INDEMNIFICATION, THE INHERENT RISKS AND THE ASSUMPTION OF THOSE RISKS. I UNDERSTAND THAT SERENDIPITY IS RELYING UPON MY STATEMENTS ABOVE IN ALLOWING ME TO PARTICIPATE IN THE EQUINE ACTIVITIES.
If Participant is under the age of 18:
The below signed parent, guardian or custodian of the Participant, for himself/herself and on behalf of said Participant, hereby joins the Release of Liability and Indemnity Agreement, and stipulates and agrees to all of the terms set forth above, including but not limited to those terms set forth in paragraph 2. Release of Any and All Liability and paragraph 3. INDEMNIFICATION. I agree to RELEASE and INDEMNIFY Serendipity, its officers, members, employees, trainers and independent contractors as set forth in paragraphs 2 and 3 above, which I have read, understand, and agree. I further agree not to sue Serendipity, its officers, members, employees, trainers and independent contractors as a result of any injury or death that the Participant suffers in connection with his/her equine activities.