WARNING: UNDER COLORADO LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, PURSUANT TO SECTION 13-21-119, COLORADO REVISED STATUTES.
RELEASE, WAIVER, INDEMNIFICATION
AND HOLD HARMLESS AGREEMENT
I, the undersigned user, in consideration of participation in horse and equine related activities at
Ken-Caryl Ranch Master Association ("Ken-Caryl"), agree as follows:
Acknowledgment of Risk
I hereby agree and acknowledge that horse-related events are potentially hazardous activities,
possibly resulting in serious bodily injury or death. I acknowledge that my engaging in equine
activity either on my own or with an equine professional or equine activity sponsors subjects me
to risks, both known and unknown. Those risks include, but are not limited to the inherent risks
of equine activities as well as to other risks and dangers, including acts of God, the forces of
nature, the negligent and reckless acts or omissions of others or of Ken-Caryl, its officers,
agents, directors and shareholders, members, managers, partners, employees, subcontractors or
independent instructors (herein "Risks").
I further acknowledge that the above list is not inclusive of all possible risks associated with
horse-related events, and that the above list in no way limits the extent or reach of this
Release, Waiver, Indemnification and Hold Harmless Agreement ("Agreement"). I further
acknowledge and agree that my participation in horse-related events may be unsupervised at any
or all times.
I agree that use of the facilities and trails within Ken-Caryl Ranch will be in accordance with
all rules and regulations of the Ken-Caryl Ranch Master Association, as well as directions and
instructions given by the director of any facility used, or otherwise designated person.
Release and Waiver
Acknowledging this, I voluntarily agree and state as follows:
I voluntarily participate in equine activities knowing the dangers involved, and I assume all
known and unknown risks, and the above-defined Risks.
I RELEASE, DISCHARGE AND AGREE NOT TO SUE OR MAKE ANY CLAIM AGAINST,
KEN-CARYL, ITS OFFICERS, AGENTS, DIRECTORS, SHAREHOLDERS, MEMBERS,
MANAGERS, PARTNERS, EMPLOYEES, SUBCONTRACTORS, OR INDEPENDENT
INSTRUCTORS ("Protected Parties"), FROM ANY AND ALL FORESEEN AND
UNFORESEEN INJURIES, DEATHS, LOSSES, ACTIONS, CLAIMS, JUDGMENTS, OR
DAMAGES OF ANY KIND AND NATURE, INCLUDING ATTORNEY FEES AND COURT
COSTS, WHICH I, MY HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS,
ADMINISTRATORS, SUCCESSORS AND ASSIGNS MAY NOW HAVE, OR HAVE IN THE
FUTURE AGAINST THE PROTECTED PARTIES, OR ANY OF THEM, ON ACCOUNT OF
PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR ACCIDENT OF ANY KIND
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF EQUINE FACILITIES OR
PARTICIPATION IN EQUINE ACTIVITIES, WHETHER THAT USE OR PARTICIPATION IS
SUPERVISED OR UNSUPERVISED, INCLUDING THOSE THAT MAY ARISE FROM MY
BEING A SPECTATOR, HOWEVER THE DEATH, ACCIDENT, INJURY OR DAMAGE IS
CAUSED.
THIS RELEASE SHALL BE EFFECTIVE EVEN IF THE LOSS, INJURY OR DEATH RESULTS
FROM THE NEGLIGENCE OF KEN-CARYL OR ANOTHER PROTECTED PARTY.
Negligence as used herein shall include, but not be limited to: knowledge that equipment or tack
which caused the injury was faulty; failure to make reasonable and prudent efforts to determine
my ability to engage safely in the equine activity, or my ability to safely manage the particular
equine; or knowledge of a dangerous latent condition concerning the land or facilities, and for
which warning signs have not been conspicuously posted.
The terms of this contract shall serve as a complete release and EXPRESS assumption of the
Risks. I shall be solely responsible for my own safety and well-being, and for all expenses that
arise directly or indirectly from Ken-Caryl equine activities. I consent to emergency medical
treatment in the event of injury or illness.
I shall comply with all Ken-Caryl Rules and Regulations and laws and ordinances now in effect
or adopted in the future. I shall be solely responsible for ensuring that all my children know and
abide by the rules and regulations and the terms of this Release. I understand that if Ken-Caryl
or an independent instructor, wrangler or leader is in charge of a ride or an event, they can
terminate it at any time if he/she thinks it is best, and I will abide by any requirements imposed
upon me.
Indemnification and Hold Harmless
I agree to hold harmless, defend, indemnify and reimburse Ken-Caryl and the Protected Parties
from all claims, damages, third party claims and losses including its own losses, expenses,
damages, attorney fees and court costs that arise from my participation in horse-related events
and activities.
This Agreement is executed without reliance upon any promise, statement or representation by
the Protected Parties, or any of them, or their representatives or attorneys, concerning any of
the facilities, activities, any damages or legal liability therefore, or any other matter.
All statements above shall bind me, my heirs, personal representatives, Executors,
Administrators, successors and assigns, and are not merely recitals. I acknowledge that
Ken-Caryl has relied upon these terms, and that without this Release, fees would be higher, or
Ken-Caryl would be unable to offer equine related activities.
I have read and fully understand the legal consequences of this release, and acknowledge that
Ken-Caryl has recommended that I have my attorney review this release prior to my signing it.
The information provided by me below is made a part of this Agreement.