CONTRACT AND RELEASE OF LIABILITY AND USER INDEMNITY AGREEMENT
I hereby acknowledge that I will voluntarily participate in: equine activities and use of facilities and services to be provided by Rogue Equine Hospital, Inc, its employees, agents, and representatives (the “Released Parties”). By my signature below, I have signified this agreement with full understanding and acceptance of the terms, statements, and conditions herein.
I understand and agree that any bodily injury, death, or loss of my personal property are my responsibility.
I understand and agree that participation in any equine activity involves risk of injury and I assume this risk, including but not limited to injury from: loss of control, collisions and obstacles, falling, horse kicks, bites, inclement weather and other risks whether they are obvious or not obvious. I further understand and agree that an animal, irrespective of its training and usual past behavior and characteristics, may act or react unpredictably at times based upon instinct or fright which is an inherent risk to be assumed by each participant in equine activities. I hereby expressly and PERSONALLY ASSUME ALL RISKS, whether foreseen or unforeseen, FOR ANY AND ALL HARM, INJURY, DAMAGE OR LIABILITY that may befall to me in connection with my participation in equine activities and/or use of the facilities of the Released Parties, INCLUDING THE RISK OF NEGLIGENCE OF THE RELEASED PARTIES and any party or participant including myself. You acknowledge and agree that you have read and understand the state of Oregon Equine Activity Statute (ORS 30.68730.679) attached to the bottom of this contract.
As lawful consideration for being permitted by the Released Parties to participate in the Activity and/or use of the facility, I hereby accept full responsibility for any and all damage, injury, paralysis, or death arising out of my participation in the Activities and/or use of the facility. I understand and explicitly agree that neither I, my guests, family, heirs, successors, assigns, nor anyone claiming any interest through me, will bring any legal action whatsoever against any of the Released Parties as a result of any such damage, injury, paralysis, loss, or death to myself or any other person or property that arises out of my participation in the Activities and/or use of the facility and expressly RELEASE the Released Parties from any of these claims. I, my minors, my guests, and my estate if I perish, hereby agree to HOLD HARMLESS AND INDEMNIFY all of the above named Released Parties, any government or private agency whose property this activity may be required to utilize, and all their officers, members, organizations, agents, and employees (“Additional Released Parties”) for any and all LEGAL ACTIONS, SUITS, CLAIMS, DAMAGES, AND LIABILITY (INCLUDING ATTORNEY FEES AND COSTS), which may be brought against any or all of the Released Parties and/or the Additional Released Parties by anyone claiming to have been injured as a result of any liability or injury, including death, to me or my property which may occur as a result of my participation in the Activities and/or use of equipment of the Released Parties.
I have carefully read this agreement and fully and completely understand its contents. By signing this agreement, IT IS MY INTENT TO RELEASE, WAIVE, HOLD HARMLESS AND INDEMNIFY ALL OF THE RELEASED PARTIES AND ADDITIONAL RELEASED PARTIES FROM ALL LIABILITY connected with my participation in the Activities and/or use of the facility, INCLUDING, but not limited to THE NEGLIGENCE OF THE RELEASED PARTIES, whether passive or active for any injury, death, paralysis, or other damages or liabilities that may occur as a result of my participation in the Activities and/or use of the facility, TO PERSONALLY ASSUME ALL RISK OF INJURY OR DEATH either arising out of my participation in the Activities and/or use of the facility, or the risks associated with the Activities or facility. I understand that the terms of this document are contractual and not a mere recital. I UNDERSTAND THAT I WOULD NOT BE PERMITTED TO PARTICIPATE IN ANY OF THE ACTIVITIES AND/OR USE OF THE FACILITY WITHOUT ENTERING THIS AGREEMENT. I HAVE SIGNED THIS DOCUMENT ON BEHALF OF MYSELF VOLUNTARILY AND OF MY OWN FREE WILL.
This agreement shall be governed by and interpreted under the laws of Oregon, without regard to conflict of laws provisions. If any lawsuit or claim is brought regarding my participation or minors that participate in the Activities and/or use of the facility, I agree that jurisdiction and venue for the suit shall be in the state or federal courts located in Jackson County, Oregon, and hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise be entitled.
If any provision of this agreement is held to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall be deemed amended to conform to the requirements of the law so as to be valid and enforceable, or if it cannot be amended without materially altering the intention of the parties, it shall be stricken to the least extent possible, and the remainder of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between me and the Released Parties. It cannot be changed or modified in any way by the representations or statements of the Released Parties. This Agreement limits any future disputes to the issues relating to the express provisions of this agreement.
This contract shall be legally binding upon me, my guests, my estate, assigns, legal guardians, and my personal representatives.
NOTICE: THIS IS A RELEASE OF LIABILITY, DO NOT SIGN OR INITIAL THIS RELEASE IF YOU DO NOT UNDERSTAND OR AGREE WITH ITS TERM.
Oregon Equine Activity Statute (ORS 30.68730679) ACTIONS ARISING OUT OF EQUINE ACTIVITIES
30.687 Definitions for ORS 30.687 to 30.697. For the purposes of ORS 30.687 to 30.697:
(1) “Equine” means a horse, pony, mule, donkey or hinny.
(2) “Equine activity” means:
(a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of
equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, threeday events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games and hunting;
(b) Equine training, grooming, breeding and teaching activities;
(c) Boarding equines;
(d) Riding, inspecting or evaluating an equine belonging to another whether or not the owner has
received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine; and
(e) Rides, trips, hunts or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.
(3) “Equine activity sponsor” means an individual, group or club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes or provides the facilities for an equine activity, including but not limited to pony clubs, 4H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs and operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held.
(4) “Equine professional” means a person engaged for compensation:
(a) In instructing a participant or renting to a participant an equine for the purpose of riding, training, driving, grooming or being a passenger upon the equine; or
(b) In renting equipment or tack to a participant.
(5) “Participant” means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. “Participant” does not include a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, groom or ride as a passenger upon an equine. [1991 c.864 §2; 1995 c.211 §2]
30.689 Policy. (1) It is the purpose of ORS 30.687 to 30.697 to assist courts and juries to define the circumstances under which those persons responsible for equines may and may not be liable for damages to other persons harmed in the course of equine activities.
(2) It is the policy of the State of Oregon that no person shall be liable for damages sustained by another solely as a result of risks inherent in equine activity, insofar as those risks are, or should be, reasonably obvious, expected or necessary to the person injured.
(3) It is the policy of the State of Oregon that persons responsible for equines, or responsible for the safety of those persons engaged in equine activities, who are negligent and cause foreseeable injury to a person engaged in those activities, bear responsibility for that injury in accordance with other applicable law. [1991 c.864 §1]
30.691 Limitations on liability; exceptions. (1) Except as provided in subsection (2) of this section and in ORS 30.693, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine and, except as provided in subsection (2) of this section and ORS 30.693, no participant or participant’s representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine.
(2)(a) The provisions of ORS 30.687 to 30.697 do not apply to any injury or death arising out of a race as defined in ORS 462.010.
(b) Nothing in subsection (1) of this section shall limit the liability of an equine activity sponsor or an equine professional:
(A) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury;
(B) If the equine activity sponsor or the equine professional intentionally injures the participant;
(C) Under the products liability provisions of ORS 30.900 to 30.920; or
(D) Under ORS 30.820 or 608.015. [1991 c.864 §3]
30.693 Additional exceptions to limitations on liability; effect of written release. (1) Except as
provided in subsection (2) of this section, nothing in ORS 30.691 shall limit the liability of an equine activity sponsor or an equine professional if the equine activity sponsor or the equine professional:
(a) Provided the equipment or tack, failed to make reasonable and prudent inspection of the equipment or tack, and that failure was a cause of the injury to the participant;
(b) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to safely ride, train, drive, groom or ride as a passenger upon an equine, to determine the ability of the equine to behave safely with the participant and to determine the ability of the participant to safely manage the particular equine; or
(c) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted.
(2) The limitations on liability provided in ORS 30.691 shall apply to an adult participant in the circumstances listed in subsection (1)(b) of this section if the participant, prior to riding, training, driving, grooming or riding as a passenger upon an equine, knowingly executes a release stating that as a condition of participation, the participant waives the right to bring an action against the equine professional or equine activity sponsor for any injury or death arising out of riding, training, driving, grooming or riding as a passenger upon the equine. A release so executed shall be binding upon the adult participant, and no equine professional or equine activity sponsor shall be liable in the circumstances described in subsection (1)(b) of this section except as provided in ORS 30.691 (2). [1991 c.864 §4]
30.695 Effect of written release on liability of veterinarian or farrier. (1) No veterinarian or farrier shall be liable to any person who assists the veterinarian or farrier in rendering veterinarian or farrier services to an equine if the person, prior to assisting the veterinarian or farrier, executes a release stating that the person rendering assistance waives the right to bring an action against the veterinarian or farrier for any injury or death arising out of assisting in the provision of veterinarian or farrier services. A release so executed shall be enforceable regardless of lack of consideration.
(2) A release executed pursuant to this section shall not limit the liability of a veterinarian or farrier for gross negligence or intentional misconduct. [1991 c.864 §5]
30.697 Effect on workers’ compensation benefits. Nothing in ORS 30.687 to 30.695 shall affect the right of any person to any workers’ compensation benefits that may be payable by reason of death, injury or other loss. [1991 c.864 §6]
