Serious injury may result from your participation in this activity. Nashville Equine TreK, LLC does not guarantee your safety. It is hereby agreed to as follows that:
A. REGISTRATION OF RIDERS AND AGREEMENT PURPOSE I, the following individual hereinafter known as the “RIDER”, and the parents or legal guardians thereof if a minor, do hereby voluntarily request and agree to participate in horse riding at Percy Warner Park, and that RIDER will ride one horse borrowed by Nashville Equine TreK, LLC on arrangement today,
B. AGREEMENT SCOPE AND DEFINITIONS -- This agreement shall be legally binding upon me, the registered RIDER, and the parents or legal guardians thereof if a minor, and my heirs, successors, estate, assigns, including all minor children, and personal representatives. The term “HORSE” herein shall refer to all equine species. The term “HORSEBACK RIDING” or “RIDING” herein shall refer to riding or otherwise handling of horses, ponies, mules, or donkeys, whether from the ground or mounted. The term “RIDER” shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The terms “I”, “me”, “my” shall herein refer to the above registered rider and the parents or legal guardians thereof if a minor.
C. ACTIVITY RISK CLASSIFICATION -- Horseback riding is classified as a RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and that there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. According to NEISS (National Electronic Injury Surveillance Systems of United States Consumer Products) horse activities rank 64th among the activities of people relative to injuries that result in a stay at U.S. hospitals. Related injuries can be severe, requiring more hospital days and resulting in more lasting residual effects than injuries in other activities.
D. NATURE OF RIDING HORSES -- No horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from a horse to ground it will generally be at a distance of from 3 1/2 to 5 1/2 feet, and the impact may result in injury to the rider. Horseback riding is the only sport where a much smaller, weaker predator animal (human) tries to impose its will on, and become a unit of movement with, another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short, changing directions or speed at will; shifting its weight; shaking; bucking; rearing; kicking; biting; or running from danger.
E. RIDER RESPONSIBILITY -- 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/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal. The RIDER shall be responsible for his/her own safety.
F. CONDITIONS OF NATURE -- Nashville Equine TreK, LLC is NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, fly near, bite and/or sting a horse or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape.
G. INSPECTION OF PREMISES -- RIDER is satisfied that all conditions are reasonably safe for RIDER’S intended purpose, usage, and presence upon the Percy Warner Park.
H. ACCIDENT/MEDICAL AND PERSONAL LIABILITY INSURANCE -- Should medical treatment be required, I and/or my own accident/medical insurance company shall pay for all such incurred expenses.
Should my actions or that of my horse cause injury or damage of any kind, I and/or my own personal liability shall pay for such damages.
I. PROTECTIVE HEADGEAR WARNING -- I have been fully warned and advised by Nashville Equine TreK, LLC that the RIDER should wear protective headgear (riding helmet), and that the wearing of such headgear while mounting, riding, dismounting, and otherwise being around horses, may prevent or reduce severity of some head injuries and even prevent death from happening as the result of a fall or other occurrence. Minors 17 and under are required to wear protective headgear.
J. LIABILITY RELEASE -- In consideration of Nashville Equine TreK, LLC allowing my participation in this activity, under the terms set forth herein, I, the RIDER, and the parent or guardian thereof if a minor, do agree to discharge, hold harmless, release, and promise not to sue Nashville Equine TreK, LLC, and/or its owners, agents, employees, officers, members, premises owners, insurers, and affiliated organizations (collectively, “Nashville Equine TreK, LLC”) for any loss, liability, damages, or cost whatsoever, including reasonable attorney’s fees, arising out of or related to any loss, damage, or injury (including death) to RIDER or RIDER’s property arising out of or relating to the equine activities I participate in due to Nashville Equine TreK, LLC ordinary negligence. I do further agree that except in the event of Nashville Equine TreK, LLC’s gross negligence and willful or wanton misconduct, I will release discharge and hold harmless, and I shall not bring any claims, demands, legal actions, and causes of action, against Nashville Equine TreK, LLC and/or its associates, for any economic and/or non-economic losses due to bodily injury, death, and/or property damage sustained by me and/or my minor child or legal ward in relation to the premises and operations of Nashville Equine TreK, LLC, to include while riding, handling, or otherwise being near horses owned or leased by or in the care custody and control of Nashville Equine TreK, LLC. In the event that RIDER or a representative of RIDER initiates legal action in violation of this section, RIDER agrees to pay all attorney fees of Nashville Equine TreK, LLC to defend this action.
K. COMPLIANCE WITH LAW -- RIDER agrees to comply with all laws of the State of Tennessee and all ordinances and regulations of Davidson County.
L. PERSONAL PROPERTY -- Nashville Equine TreK LLC assumes no responsibility for any personal property of RIDER damaged by the HORSE or as a consequence of riding the HORSE.
M. WAIVER -- No waiver of any provision of this agreement shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other or subsequent violation.
N. ENTIRE AGREEMENT -- This agreement sets forth the entire agreement of the Parties. Any modification of this agreement shall be in writing, signed by both Parties and attached hereto.
O. SEVERABILITY -- In the event that any provision of this agreement is determined to be legally unenforceable by a court of competent jurisdiction, that provision is hereby removed and the remaining provisions remain effective.
P. JURISDICTION, VENUE, WAIVER TO JURY TRIALS -- THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN MADE AND ENTERED INTO IN NASHVILLE, TENNESSEE AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE, EXCLUSIVE OF ANY CONFLICTS OF LAWS RULES, AND THE PARTIES HERETO AGREE THAT ANY ACTION BROUGHT FOR A BREACH OF THIS AGREEMENT OR IN ANY WAY RELATING TO CONTROVERSIES BETWEEN THEM ENCOMPASSED HEREBY MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION SITTING IN DAVIDSON COUNTY, TENNESSEE, TO WHICH ALL PARTIES HERETO HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE. THE PARTIES HEREBY WAIVE RIGHT TO TRIAL BY JURY. In the event Nashville Equine TreK, LLC is the prevailing party of any action arising from this Agreement, it shall be entitled to recover its reasonable attorney’s fees and costs.
All Riders and Parents or Legal Guardians must sign below after reading this entire document:
SIGNER STATEMENT OF AWARENESS I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. I/WE FURTHER ATTEST THAT ALL FACTS RELATING TO THE APPLICANT ARE TRUE AND ACCURATE.
IF SIGNING FOR A CHILD OR MINOR
EMERGENCY CONTACT INFORMATION