MBF is located at 396 Hardy Bottom Rd., Huntsville, TX) and in Walker County, TX, near the Sam Houston National Forest and in the New Waverly community. For the purpose of the release of liability agreement including all clauses below, Many Blessings Farm, Suzanne Seal, and Peter Seal will be known and together referred to herein as “MBF.”
Participant Name(s): _____________________________ ____________________________
Address: __________________________________ City State Zip:____________________________
Telephone: (________)_____________ Emergency Telephone: (_______)_____________ e-mail:___________________________
Nature of Involvement: I (We), the undersigned have requested to be allowed to participate in a bovine and/or equine activity today on and around MBF or we will be working as laborers or volunteers at the activity today on and/or near MBF
Intent of Contract: This release is not just a formality. Riders and observers do run a risk of injury disfigurement and even death. Your intent with your signature will be to release MBF from liability associated with today’s activity. With your signature you will agree not to bring claims, demands, actions and causes of action, and/or litigation, against MBF, TxPFHA, or SWPFHA for any economic and non-economic losses due to bodily injury, death, or property damage sustained by you, and/or your minor child(ren), or legal ward in relation to the premises and operations of this farm/stable, [including] while riding, handling, or otherwise being near horses owned by or in the care, custody and control of this stable or others present at the activity.
Agreement to behave cautiously I (we) agree to behave in a cautious manner, and not to consume alcohol, any legal reflex inhibiting, or illegal drugs today. I (We) agree not to smoke while in the pasture or in the barn. If I (we) smoke in other areas : I (We) agree not to put butts in the trash or on the ground, but to pick up cigarette butts and take them off the property with me.
Dangerous nature of Horses, Cattle, Dogs, and other animals: Horses are dangerous. All horses have hooves and will kick. All horses have teeth and will bite. Even the best mannered horses have been known to kick and bite humans. I (We), and my (our) dependents have been advised of and are mindful of the inherently dangerous nature of horses, dogs, cats and cattle, and of accidents that can happen, including but not limited to: biting, kicking, pawing, rearing, bucking, spooking, falling, etc causing mild and severe injury, disfigurement, and even death to humans and other horses. I (We) agree to accept that risk of the inherently dangerous nature of animals and I (We) shall bring no claims, demands, actions and causes of action, and/or litigation, against MBF, its owners or agents for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of MBF [including] while riding, handling, working, or otherwise being near horses owned by or in the care, custody and control of MBF, its owners or agents.
Obstacles that may cause horses to spook, trip or fall or riders to fall: I (We) have been made aware that there are many naturally occurring "obstacles" such as (but not limited to): holes, limbs, trees, natural debris and that there is likely to be wire, barbed wire, vehicles, ditches, bridges, water, etc. on the farm or on the ride which might cause a horse to spook or trip and fall thereby causing harm, injury or death to a person or horse. These "obstacles" are located on the property, and on nearby county roads, and trails. While MBF strives to remove these obstacles, some cannot be identified because of the landscape . Additionally, it is impossible to determine what will spook an individual horse on any specific day.
There are also man made obstacles such as propane tanks, electric gates, and fences. . It is dangerous to ride your horse through the gate to the arena or round pen because of the gate has necessary supporting structures that a rider might hit his head or be knocked from the horse. I (we) agree to walk our horses into the round pen and arena. We agree to accept that risk of the natural and necessary man made "obstacles" and, I shall bring no claims, demands, actions and causes of action, and/or litigation, against MBF for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of MBF [including] while riding, handling, working, or otherwise being near horses owned by or in the care, custody and control of MBF, its owners or agents.
Equine Contagious Disease and Illness – Coggins: I (we) vouch that I (we) have on my (our) person today, a copy of a negative coggins test dated within the last 360 days for each horse brought to this event. I (We) testify that we have not knowingly brought a horse with a contagious illness or disease. I am (we are) aware and in agreement that there is no reasonable way to assure that all horses brought by guests are free of contagious illness or disease and are willing to accept responsibility for that risk. We agree to accept that risk involving other animals with illness or contagious disease and I shall bring no claims, demands, actions and causes of action, and/or litigation, against MBF, its owners or agents for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of MBF, its owners or agents,[including] while riding, handling, working, or otherwise being near horses owned by or in the care, custody and control of MBF, its owners or agents.
Risk involving borrowed tack: I (we) acknowledge that we have been informed that tack is subject to heavy use and strain, and that even carefully inspected tack can break under that strain resulting in injury or even death to the rider and observers I (we) are hereby advised that tack, such as (but not limited to) girths, buckles, billets, reigns, bridles, halters, lead ropes, stirrups, stirrup leathers, etc. can break resulting in accident, injury, and death. We are not novice horsemen/women and agree to accept that risk when riding on MBF and we agree to inspect all borrowed tack on our own. I (We) agree to accept that risk involving using tack that belongs to others and to MBF I shall bring no claims, demands, actions and causes of action, and/or litigation, against MBF for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of MBF as a result of using such tack or equipment [including] while riding, handling, working, or otherwise being near horses owned by or in the care, custody and control of MBF, its owners or agents
Risk involving vehicle, trailers, and tack: I (We) understand that horses may investigate and damage vehicles, trailers, tack, etc. with their hooves or teeth if left within their reach and hereby release any and all owners of said horses from any damage to our equipment or vehicles done by their horses. We agree to accept that risk involving our equipment vehicles and I shall bring no claims, demands, actions and causes of action, and/or litigation, against MBF, its owners or agents for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of MBF, its owners or agents, including while riding, handling, working, or otherwise being near horses owned by or in the care, custody and control of MBF, its owners or agents
Clause for riders, observers, and or passive participants, and for farm workers and contract workers involved with horses or cattle including but not limited to trainers, farriers, cattle workers, etc: As passive participants, volunteers, or as farm laborers or contract laborers, I (We) do hereby release, indemnify, discharge, and hold harmless: MBF, all partners, agents, successors, assigns, heirs and any other person or entity from any and all claims, causes of action, or responsibility which might arise from sickness, injury, damage, death or disfigurement to person, animal (including participants’ horse(s)), or personal property (including tack, clothing, vehicle, trailer, etc.) resulting from our participation in either passive or active farm or equine activities or conducting business at MBF where such horses are raised and bred such participation being sufficient consideration for the execution hereof.
Clause to bind agreement to heirs and successors and to commit agreement to future visits: As participants, or as observers, or as business associates, volunteers, or as laborers, or as contract laborers, I (We) do hereby bind my (our) heirs, successors, administrators, and assigns hereto. Further I (We) bind and commit this agreement to any and all future visits, and to any occasion which I (we) may conduct business on the property, borrow tack, borrow horse, or arrange for trailer transportation for my (our) own horse(s). I (We) release and indemnify the above parties from any and all future claims causes of action, or responsibility which might arise from either negligence, sickness, injury, or accident causing damage, death or disfigurement to person, or animal (including participants’ horse(s)), or personal property (including participants’ tack, clothing, vehicle, trailer, etc.) which might be suffered or sustained in connection with my (our) attendance and participation in present or future passive or active farm bovine or equine activities or future business dealings, causing subsequent release and indemnification to be redundant.
Clause for minor child(ren) when custodial parent does not expect to be present at MBF activity: I (We) grant (name of caregiver) _________________________________ responsibility for the care, conduct, and management of my/our minor children. I (We) have read clauses 1through 11 above and clauses 14 through15 below and the WARNING below associated with Chapter 87, Civil Practices and Remedies Code. I (We) understand the dangers and agree to all the terms in the clauses above. I (We) do hereby release, indemnify, discharge, and hold harmless: MBF, all partners, agents, successors, assigns, heirs and any other person or entity from any and all claims, causes of action, or responsibility which might arise from sickness, injury, damage, death or disfigurement to my minor child(ren), animals (including horse(s)), or personal property (including tack, clothing, vehicle, trailer, etc.) resulting from my child’s (children’s) participation in either passive or active equine activities at MBF such participation being sufficient consideration for the execution hereof.
Clause for caregiver of minor children whose custodial parent is not present: I (We) have brought with me/us a copy of this release signed by the custodial parent(s) of all minor child(ren) temporarily under my/our care and control today. The custodial parent's signature on this document was witnessed by me/us.
Consideration: Participation being sufficient consideration for the execution hereof.
Equine Professional under Texas Law (Chapter 87, Civil Practices and Remedies Code)- Sec. 87.005. Subsection C: I (we) have seen the following warning notice regarding Texas Law (Chapter 87, Civil Practices and Remedies Code)- Sec. 87.005 -which is clearly visible and posted at the front gate, the barn, the round pen and the arena at MBF, 396 Hardy Bottom Road, Huntsville, TX, and understand the inherent risk of equine activities that instigated the law.
Warning
Under Texas Law (Chapter 87, Civil Practices and Remedies Code), an equine professional is not liable for an injury to or death of a participant in equine activities resulting from the inherent risks of equine activities.
I have read the release clauses 1-15 hereby agree to all conditions. Respectfully submitted and signed in good faith this day
Signature: ___________________________ Date:__/__/2003 Signature: ____________________________ Date: __/__/2003
Signature of custodial parent of participating minor: _______________________________ Emergency telephone: : ____________
Name(s) of participating minors: ________________________________________________________________
Received by MBF agent: _______________________________________________________________________
Contact: Many Blessings
Updated: July 01, 2007
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