Berlin Heights Holiday Park, Equine WAIVER, RELEASE AND INDEMNITY AGREEMENT for 2008

I, the undersigned, acknowledge the inherent risks involved when engaging in any equine activity at Berlin Heights Holiday Park, Ltd ("BHHP"). Accordingly, as consideration in exchange for being allowed to participate in any equine activity and/or other activities at BHHP, I agree to the following:

1. I acknowledge and fully understand that I will be engaging in activities that involve inherent risk of serious injury, which may include permanent disability and even death, and severe social and economic losses which might result not only from my actions, but also from the action, inaction, or negligence of others, or the condition of the premises, or any equipment used and further that there may be risks not known to me or not reasonably foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at BHHP.

2. I hereby forever release, waive, discharge, and agree not to sue BHHP, any affiliated companies, and all of its respective agents, affiliates, clinicians, independent contractors, associates, officers, directors, owners, employees, and volunteers (collectively "Releases") from demands, losses or damages on account of any bodily injury, illness or death, to any person or equine or property damage, caused or alleged to be caused in whole or in part by the inherent risks or equine activity, or by any other activities at BHHP. Inherent risks include, but are not limited to:

a. the propensity of an equine to behave in ways that may result in injury, death, or loss to person other equines on or around the equine;

b. the unpredictability of an equine’s reactions to sounds, sudden movement, unfamiliar objects, persons or to other animals;

c. hazards, including, but not limited to, surface or subsurface conditions;

d. a collision with another equine, another animal, a person, or an object; and

e. the potential of an equine activity participant to act in a negligent manner that may contribute to injury, death or loss to the persons of the participant or to their persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant.

I also agree to indemnify Releases from any and all third-party claims caused in whole or in part by my actions.

3. I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the State of Ohio, and as specifically stated pursuant to Ohio Revised Code 2305.321, and any and all other applicable statutes, regulations, laws, and ordinances. Any provision or portion of this Waiver, Release and Indemnity Agreement found to be invalid only with respect to such provision or portion. The offending provision or portion shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained therein.

The foregoing release is given for the purpose, among other things, of providing a waiver under Section 2305.321 of the Ohio Revised Code. The term "equine activity" is defined in Section 2305.321 to include, among other things, the activities with BHHP.

I have read, understand and agree to be bound by this Waiver, Release and Indemnity Agreement which I am executing this ____ day of ___________, 20___, and ACKNOWLEDGE THAT I HAVE READ THE WARNING BELOW.

 

 

Name (Printed) Date Signature

PARENTAL CONSENT

(For Participants under the age of 18)

I, the undersigned parent or legal guardian of the child listed below, have read the above Waiver, Release and Indemnity Agreement and agree to its terms on behalf of my child and myself. I understand that by signing below I am giving up substantial rights on behalf of my child and myself.

Child’s Name (Printed) Child’s Age Child’s Name (Printed) Child’s Age

 

Child’s Name (Printed) Child’s Age Child’s Name (Printed) Child’s Age

 

Child’s Name (Printed) Child’s Age Signature of Parent/Legal Guardian

 

WARNING

Under Ohio Law, and specifically, under Ohio Revised Code 2305.321 an equine activity sponsor or equine professional is not liable for an injury to, or death of, a participant in equine activities resulting from the inherent risks or equine activities.

I understand that saddle girths may loosen during a ride. If a rider notices this, he/she must alert the nearest guide or wrangler as quickly as possible so action can be taken to avoid slippage or saddle and a potential fall from the animal.

Because of the inherent risks of riding horses to the safety of unborn children, BHHP advises pregnant women not to ride horses.

 

 

 

HELMET WAIVER for 2008

(Persons under the age of 18 may not ride without a helmet.)

 

I, the undersigned, recognize the dangers inherent with horseback riding. I am assuming the risks of this hazard upon myself since I wish to handle and ride horses.

I realize I am subject to injury from this activity and no form of preplanning can remove all danger to which I am exposing myself. The use of a riding helmet could prevent permanent brain damage in the case of an accident, and I understand that this facility recommends that I use one.

I assume all risks involved in handling and riding horses without a hard-hat/helmet.

Mark an "X" below in the box before the appropriate sentence which describes your decision regarding the wearing of a riding helmet:

□ I am not (18) years of age and understand that I am required to wear a riding helmet.

□ I refuse to wear any type of riding helmet and I accept full responsibility for this decision.

□ I will wear a riding helmet which I, the undersigned, am providing and I will accept full responsibility for this decision. I am not relying on BHHP to determine my helmet’s quality or suitability.

I certify that I have accident or health insurance to cover any injuries sustained should there be an injury form my interaction with a horse(s) and waive any third party subrogation to recover the costs of my injuries.

 

Signature

Date

Date of birth