This Liability Waiver and Hold Harmless Agreement (the “Waiver”) is entered into by
and between Save a Forgotten Equine, a Washington nonprofit corporation (“SAFE”) and
an individual (“Releasor”) (individually a “Party” and collectively the “Parties”).
If under 18, Releasor’s parent or guardian must read and sign the Waiver, indicating his/her acceptance.
LIABILITY WAIVER AND HOLD HARMLESS AGREEMENT
1. In consideration for receiving permission to participate in the activities and day to day operations of SAFE (defined below as the “SAFE Activities”), Releasor hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE SAFE, the Board of Directors of SAFE, their officers, agents, or employees (hereinafter referred to as “RELEASEES”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Releasor, or to any property belonging to Releasor, while participating in any SAFE Activity, while in, on or upon the premises where any SAFE activities are being conducted, or while upon the premises of another while engaged in any SAFE activity, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. Releasor is fully aware of the risks and hazards connected with the day-to-day activities of SAFE, including but not limited to:
(i) mounting, riding, training, walking, showing, trail riding, providing care, boarding, transporting, loading, unloading, grooming, feeding, and any other activity related to the care and maintenance of any horse, pony, mule, or other animal;
(ii) performing of any activity related to the upkeep or maintenance of any property belonging to or being leased by SAFE; and
(iii) any other activity undertaken while volunteering or providing services to SAFE, whether on SAFE property or outside of SAFE property.
(i), (ii), and (iii) shall be defined individually as a “SAFE Activity” and collectively as the “SAFE Activities”.
Releasor is further aware that the SAFE Activities include the risk of injury and even death, and Releasor hereby elects to voluntarily participate in said SAFE Activities, knowing that the SAFE Activities may be hazardous to Releasor’s property and person. Releasor acknowledges that SAFE does not require Releasor to participate in any SAFE Activities and any SAFE Activity Releasor participates in will be of Releasor’s own free will. Releasor voluntarily assumes full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by Releasor, or any loss or damage to property owned by Releasor, as a result of being engaged in such SAFE Activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
3. Releasor further hereby AGREES TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that RELEASEES may incur due to Releasor’s participation in said SAFE Activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
It is Releasor’s express intent that this Waiver shall bind the members of Releasor’s family and spouse, if Releasor is alive, and Releasor’s heirs, assigns and personal representative, if Releasor is deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. Releasor hereby further agrees that this Waiver shall be construed in accordance with the laws of the State of Washington and that any mediation, suit, or other proceeding must be filed or entered into only in King County, Washington and the federal or state courts of Washington. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. In the event SAFE is forced to take any action whatsoever to enforce this Waiver, SAFE shall be entitled to recover reasonable attorney’s fees and costs associated with such action.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
The undersigned declares that the undersigned is the parent or legal guardian of the minor named above as “Releasor.” The undersigned’s signature indicates that the undersigned has read this waiver and indicates agreement to bind the minor and the undersigned to the conditions The undersigned has read the Waiver and in consideration of SAFE allowing such minor entry onto its premises and/or allowing such minor to participate in the SAFE Activities described and defined above, and hereby agrees that all of the terms and conditions contained herein shall apply to such minor and shall be binding upon the undersigned and the minor.
