Release, Indemnification and Waiver of
Liability (Waiver)
In conformity with the
Illinois Law, Equine Liability Act, PA 89-111, effective
in Illinois since 1995. This below release is a
document that a person signs before taking control of an
equine from the owner or owner's agent. A signed
release acknowledges that the person is aware of the
inherent risks associated with equine activities, is
willing and able to accept full responsibility for
his/her own safety and welfare and releases the equine
owner or agent from liability unless the equine owner is
grossly negligent or commits willful, wanton, or
intentional acts or omissions.
Riding and handling horses can be dangerous. Please
initial each paragraph below. This form must be
completed and signed before you can receive any
training.
1._____I affirm that I have read and understood this
Waiver completely. By signing below, and by
initialing each paragraph, I agree to every item and
condition of this Waiver.
2._____I wish to receive and participate in the
horsemanship/equitation and horseback riding training
provided by New Traditions Riding Academy, LLC, an
Illinois corporation.
3._____WARNING. Under the Equine Liability Act,
each participant who engages in an equine activity
expressly assumes the risks of engaging in and legal
responsibility for injury, loss, or damage to person or
property resulting from the risk of equine activities.
Risk of engaging in equine activities means those
dangers of conditions that are an integral part of
equine activities, including but not limited to (1) the
propensity of an equine to behave in ways that may
result in injury, harm, or death to persons, other
animals, or other things, (3) certain hazards such as
surface and subsurface conditions, (4) collisions with
other equines or objects, and (5) 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 his or her ability.
4._____I acknowledge and understand that I may fall off a
horse or may be thrown off a horse. I knowingly
and voluntarily accept and agree that I will not hold my
New Traditions Riding Academy, LLC instructor liable for
my injuries, my own property damage, or damage to the
property of another, or other loss, or death related to
my learning a new activity as part of my horseback
riding training. I understand and agree that an
instructor my not be held liable for any injuries that
his or her students suffer, as there are inherent risks
in equine activities.
5. _____I am aware and understand that the equine, the
horse, may behave in an unpredictable and irrational
manner, regardless of its training or past performance.
A horse may be hard to handle and can, without warning
or any apparent cause, stop short, change directions or
speed, shift its weight, buck, stumble, fall, rear,
bite, kick, run, spook, jump obstacles, step on a
person's feet, push or shove a person, fight with
another horse, or make other unexpected or erratic
movements. In addition, equipment may fail,
saddles, cinches, and/or bridles may loosen, shift or
even break. Any of these conditions may cause
serious bodily harm or death. I understand that
the above-mentioned hazards and risks are described as
examples only as there are numerous other hazards and
risks inherent in equine activities, but also from other
actions, including but not limited to non-riding
activities such as approaching, handling, leading or
walking new equines as well as other hazards and/or
conditions at the riding academy and immediate training
area. Furthermore, I understand that the riding
arenas, round pens, and tack storage areas may not be
maintained and I expressly release NEW TRADITIONS RIDING
ACADEMY, LLC, from any liability for any negligent
maintenance of these areas, including not not limited
to, the instruction area, the facility and the stable
premises, or any natural and/or man-made conditions
found at the NEW TRADITIONS RIDING ACADEMY, LLC
facility.
6._____I, on behalf of myself, my family, my heirs,
successors, and assigns, and anyone claiming any
interest through me or on my behalf, knowingly,
intentionally, and voluntarily waive, release,
indemnify, and agree to hold harmless NEW TRADITIONS
RIDING ACADEMY, LLC, and its employees, affiliates,
shareholders, owners and/or agents, and all other
persons or entities with a property interest, vested or
unvested, in NEW TRADITIONS RIDING ACADEMY, LLC, from
any such actions, suits, claims, damages, and liability,
including attorney fees and costs, that I, my family,
heirs, successors, assigns. and anyone claiming interest
through me, may have for any loss, damage, injury,
paralysis, or death to myself or any other person or
property arising out of my participation in horseback
riding, training, and related activities and out of my
entrance onto and/or use of the equine facility and
premises, whether such a loss, damage, injury,
paralysis, or death results from the negligence of NEW
TRADITIONS RIDING ACADEMY, LLC, and/or its agents and
employees or from some other cause.
7._____I hereby agree to follow any safety policies,
warning signs, or rules that I am advised of, either
verbally, or in writing, by NEW TRADITIONS RIDING
ACADEMY, LLC, and/or its agents. In addition, I
understand that I have been advised to wear a certified
helmet and to provide a helmet for any minor children of
mine that take riding instruction from NEW TRADITIONS
RIDING ACADEMY, LLC, and its instructors. I
acknowledge and agree that this helmet-wearing
requirement is mandatory.
I voluntarily assume the
risk of injury, death, or any other loss if I fail to
wear a helmet at any time during my training.
8._____I certify I am of lawful age (18 years of age) and
legally competent to sign this Waiver, or that I have
acquired the written consent (below) of my parent or
guardian. I understand these terms are contractual
and not a mere recital, and that I have signed this
document of my own free act. If any part of this
Waiver is held unenforceable, such part will be stricken
and the remainder of this Waiver will continue to be in
full force and in effect. This waiver is to be
construed, interpreted, and governed in accordance with
the Illinois law.
9._____This Waiver contains the entire agreement of the
parties. No other agreement, statement or promise
on or before the effective date of this agreement is
binding on the parties.
10._____ANY MEDICAL EXPENSES INCURRED DUE TO ANY TYPE
OF INJURY OR ACCIDENT AT NEW TRADITIONS
RIDING ACADEMY, LLC, ARE THE RESPONSIBILITY OF THE
UNDERSIGNED
THROUGH THEIR OWN INSURANCE CARRIER.
Under the Equine Liability Act,
each participant who engages in an equine activity
expressly assumes the risks of engaging in and the legal
responsibility for injury, loss, or damage to person or
property resulting from the risks of equine activity.
Signature:__________________________________Date:_______________
Printed
Name:__________________________________________________
Parent or Legal Guardian if Under 18 Years of
Age:____________________
Address:__________________________City/Zip:_____________________
Home Phone:_______________________Cell
Phone:___________________
Work
Number:__________Release________________________________________
Medications (if
any):____________________________________________
Allergies:_____________________________________________________
Emergency
Contact:_____________________________________________
E-Mail:________________________________________________________
Class
Day:____________________Time:____________________________
Ability (circle one):
Beginner
Intermediate
Advanced