Horseback Rider Release Form Written by: Jill Twitter LinkedIn Facebook Text Share Twitter LinkedIn Facebook Text Warning, Release, Assumption of the Risk and Waiver of Liability for Equine Activities – Mounted or Unmounted "*" indicates required fields Registration of Rider and Agreement Purpose In consideration of the payment of a fee and the signing of this agreement, I, the following listed individual, and the parent or legal guardian thereof if a minor, do hereby agree to hire from Cataloochee Ranch Resort, LLC, a horse, tack and equipment, personnel and trail for the purpose of horseback riding today and on all future dates.Warning Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities. Chapter 99E of the North Carolina General Statutes. Under North Carolina law, a farm animal activity sponsor or farm animal professional is not liable for an injury to or the death of a participant in farm animal activities resulting exclusively from the inherent risks of farm animal activities. Chapter 99E of the North Carolina General Statutes.Rider/Participant Name* First Last Please let us know which type of guest you are:*Guest at Cataloochee RanchGuest at The SwagDay GuestAge*Height*Weight*Requested Ride Date MM slash DD slash YYYY Riding Experience*1st Time Rider – Never been on a horse before.Beginner – Comfortable on a horse and moderately comfortable trotting.Intermediate – Comfortable trotting and cantering on the trail.Advanced – Can control your horse in all situations, including while in a trot or canter.Does this rider have a physical or mental condition, which may affect his/her safety and liability to ride a horse, of which we should be aware?* No Yes If yes, please describe.In consideration of Cataloochee Ranch Resort, LLC and its members, officers, employees, agents, and affiliates, including, but not limited to Cataloochee Ranch Properties, LLC (“CRR”), allowing my participation in this activity, under the terms set forth herein, I, the above listed individual, or the or the parent or guardian thereof on behalf of the minor child (collectively, the “rider” or “participant”), acknowledge and agree to the following terms and conditions: 1. Inherent Risks and Assumption of Risk – The undersigned acknowledges there are inherent risks associated with equine activities, such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability. 2. The rider/participant acknowledges that horses, by their very nature are unpredictable and subject to animal whim. Rider assumes all risks in connection therewith and expressly waives any claims for any injury or loss arising therefrom. Rider further acknowledges that the behavior of any animal is contingent to some extent upon the ability of rider, which cannot always be evaluated by the instructor. Rider assumes all risks therefore and warrants a full and fair disclosure of rider’s abilities has been made to the instructor.3. That upon mounting a horse and taking up the reins, the rider is in primary control of the horse. The rider’s safety largely depends upon his or her ability to carry out simple instructions, and his or her ability to remain balanced aboard the moving animal. The rider/participant agrees that he or she shall be responsible for his or her own safety. 4. Rider/participant further voluntarily agrees and warrants to release and hold harmless CRR from any liability whatsoever, including, but not limited to, any incident caused by or related to said equine professional’s negligence, relating to injuries known, unknown, or otherwise not herein disclosed; including, but not limited to, injuries, death or property damage from: mounting; riding; dismounting; walking; grooming; feeding; use of horse barn, paddock, trails or horse ring, in any capacity; falling off horse whether horse is bucking, flipping, or spooked; or rider’s/participant’s failure to understand any of CRR’s directions relating to riding or otherwise use and control, or lack thereof, of the horse. If at any time during a lesson I become fearful to the point I wish to dismount, I will so advise my riding instructor.5. Rider/participant acknowledges and agrees to follow all rules set forth by CRR and its instructors.6. That should medical treatment be required, rider/participant or rider’s/participant’s medical insurance company shall pay for all such expenses, and that under no circumstance shall CRR be required or obligated to pay for any such expense.7. That this release and waiver is meant to and shall apply to any and all claims, causes of actions, demands or sums of money that I may have or be entitled to from CRR as a consequence of any type of damage (whether personal or property), loss, death or injury I, my spouse (if any), my children, or my heirs, representatives or anyone claiming by or through me has or may in the future have as a consequence of any and all of participant’s activities that in any way involve CRR, and regardless of whether the claim, cause of action or demand is grounded in negligence, tort, contract or any other legal bases for recovery other than intentional conduct specifically intended to injure the participant.8. That if CRR is forced to defend any action brought by rider/participant or on rider’s/participant’s behalf, that rider/participant, or any of rider’s/participant’s representatives or successors in interest, will pay the fees and costs, including attorney’s fees associated with CRR’s defense.9. I agree that my signature where indicated, is my acknowledgment of the contents of this Agreement and is my legally binding agreement to and acceptance of this Agreement. I understand the risks associated with horseback riding and agree that the benefits received through my participation are valuable and outweigh the associated risks.PROTECTIVE HEADGEAR OFFERING 12 YEARS & UNDER ARE REQUIRED TO WEAR HEADGEAR. I, for myself and on behalf of my child and/or legal ward, have been offered a SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet by CRR and do understand that the wearing of such headgear while mounting, riding, dismounting and otherwise being around horses, may prevent or reduce severity of some of the wearer’s head injuries and possibly prevent the wearer’s death from happening as the result of a fall and other occurrences. It is understood that CRR provided protected headgear may not be of perfect fit for each rider’s head, and that once provided I will be responsible for securing the helmet on this rider’s head at all times.Would you like to wear CRR PROVIDED protective headgear?* Yes, I request to wear protective headgear which CRR provides. No, I refuse to wear any type of protective headgear and/or will wear my own. I accept full responsibility for my safety in this decision. Please be aware, we may encounter bees along the trail. If you are allergic to bees please let your wrangler know.Please keep all personal items secure. We are not responsible for lost or damaged items.I have carefully read this entire Agreement and fully understand and agree to be bound by its contents. I am aware that by signing this Agreement I am giving up important legal rights, even rights beyond those statutorily provided for in the Equine Activity Liability Act, and it is my intention to do so freely and without coercion or duress of any type.Acceptance of Agreement and Liability Release* I AcceptI understand that by clicking on “I Accept” and by typing my full name below, I am electronically signing this document. (In case of a minor, parent or guardian MUST sign release.)Electronic Signature*Date* MM slash DD slash YYYY Parent/Guardian of Minor First Last Address* Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Phone*Email*