WARNING: UNDER COLORADO LAW, AN EQUINE ACTIVITY SPONSOR 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
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 with-in 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, INSURERS, 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, FAMILY MEMBERS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS MAY NOW HAVE, OR HAVE IN THE FUTURE AGAINST THE THE PROTECTED PARTIES, OR ANY OF THEM, AN 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 Ranch 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 full 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.
NOTE: READ THIS RELEASE OF LIABILITY, WAIVER, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT CAREFULLY, ASK ANY QUESTIONS BEFORE SIGNING, AND RETAIN A COPY. YOUR SIGNATURE ACKNOWLEDGES THAT YOU FULLY UNDERSTAND THE TERMS OF THE AGREEMENT, BELIEVE IT IS FAIR AND REASONABLE, AND AGREE TO ITS TERMS.