GameFarm Stables, LLC

Transcription

1 GameFarm Stables, LLC E q u e s t r i a n at 6570 game farm road C e n t e r mailing address: 6690 game farm road minnetrista, mn Business Phone (612) GameFarm@frontiernet.net Liability Release and Hold Harmless Agreement By this agreement, made and entered, Today s Date: (Print) by and between Guest or Guest Rider as noted on Signature Page or Parent /Guardian if Rider is a Minor: (Print), who resides at address stated on End Signature Page, herein referred to as the "Guest Rider" and GameFarm Stables Equestrian Center, LLC herein referred to as "Stable". In consideration received, and in return for the use, today and on all future dates of the property, facilities and services of Manager, Manager's Instructors, Employees and Agents; Rider, Rider's Heirs, Assigns, and Representatives, hereby agree as follows: 1.1 Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant's ability. Rider acknowledges that horses, by their very nature are unpredictable and subject to animal whim, which may include behavior including but not limited to their propensity to kick, bite, shy, buck, stumble, bolt, rear or general unpredictability. Rider assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising there from. Rider agrees to abide by and follow Stable's rules and regulations, which shall be posted and/or available from time to time. Rider further acknowledges that the behavior of any animal is contingent to some extent upon the ability of Rider. Rider assumes all risks therefore and warrants a full and fair disclosure of Rider's abilities has been made to Stable. i

2 1.2 Rider (Or Rider's Parent/Guardian) Agrees to hold harmless, indemnify and defend manager against any and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, including attorney's fees, which may in any way arise from or be in any way connected with rider's use of or presence upon the property of manager and the facilities located thereon. In the event rider is a minor, the parent or guardian shall further indemnify, defend and hold Manager harmless from any such claims by said minor child, regardless of any statute of limitations or contractual limitation of actions. 1.3 In the event Rider is using Rider's own horse, or a horse(s) not owned by Stable, Rider warrants said horse(s) shall be free from infection, contagious or transmittable diseases. Stable Manager reserves the right to refuse access or use of any horse upon the premises that does not appear to Stable Manager to be in good health, or is deemed dangerous or undesirable Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim. Rider agrees that damages shall be limited to $250 for property damage, medical or other actual expenses incurred, and a maximum of $10,000 for damages such as pain and suffering Rider agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release. 1.6 Rider Agrees to Obtain or Provide for Their Own Use, Protective Gear, specifically a Proper Fitting Approved Helmet, that Will Be Worn At All Times While Riding or Handling Horses on Premises of GameFarm Stables, LLC. Proper Fitting Appropriate Riding Boots are also required while under Saddle. 1.7 Any Rider 18 Years of Age or Younger must be Accompanied by an Adult At All Times and will remain Under Their Direct Supervision. RELEASE AND INDEMNITY 2.1 Rider acknowledges and accepts the risks and dangers inherent in equine activities ("Equine Related Risks") including without limitation: the propensity of a horse to behave in ways that may result in injury or harm to, or the death of, persons on or near the horse or result in an injury or death to other animals, including Rider s horse, such as bucking, biting, kicking, rearing, shying, falling, or stepping on persons or other animals; the unpredictability or a horse's reaction to such things as medications, sounds, sudden movement, unfamiliar objects, persons or other animals, hazards, such as surface and subsurface ground conditions, collisions with other horses, animals or objects; and the potential of another horse owner to not maintain control over its horse or horses. ii

3 2.2 RIDER EXPRESSLY ACKNOWLEDGES AND ASSUMES ALL RISKS INVOLVED IN OR ARISING FROM THE USE BY RIDER OR RIDER S HORSE, OR THEIR PRESENCE UPON STABLE PROPERTY AND FACILITIES, including without limitation: Equine related risks, the risk of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire or explosion, the unavailability of emergency or other medical care and the negligence and/or the deliberate act of another person. 2.3 Rider hereby releases, exonerates and absolves GameFarm Stables, LLC, Equestrian Center, its officers, staff members, volunteers, sponsors, organizers, agents, and any other representatives, any other cooperating or coordinating agencies or groups and any of their successors and assigns, of and from all liability whatsoever and agrees not to sue them or any of them on account of or in conjunction with any claims causes or action, injuries, damages, or expenses (collectively "Liabilities") arising out of the use or presence upon all designated Stable properties (Including all 6570, 6690 and 6700 Game Farm Road East, Minnetrista, MN Properties) and facilities by Rider or Rider's horse, including without limitation such liabilities as may arise from death, personal injury, property damage, economic loss, including consequential damages. 2.4 Rider hereby waives the protection afforded by any statute or law whose purpose or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person given the release does not know or suspect to exist at the time executing the release. BOARDING RULES AND REGULATIONS (Guests also abide by these Regulations) 3.1 Barn hours are from sun up to sun down. Special arrangements may be made with management for people who prefer to ride before sunrise or after sundown. Boarders are responsible for notifying management, in writing, if horses are going to shows, trips, etc. Expected time and date of return is to be conveyed to management. A message board is provided in Stable Barn for communication purposes. Management with Owner will determine whether a horse(s) returning from outside activities will need to be quarantined. Riding Arena requires sign-up on Log Sheet/Clipboard if additional overhead heating and/or lighting systems are utilized during cold season or after dark. Current rates are posted on signup sheet and are based on hourly minimum, usage blocks. (Guest Riders must be with a Boarder to use Heat or Lights and Log-Time will be applied to Boarder s Monthly Statement) 3.2 Hard Helmets and Boots: Individuals under the age of 21 years must wear approved equestrian hard helmets when on horseback, in paddocks or when grooming on Stable premises. For individuals 21 and older, management strongly recommends the use of hard helmets at all times. Also, all riders must have and use appropriate equestrian riding boots while using stirrups. No Tennis Shoes or Muck Boots Allowed. 3.3 Management strongly recommends for your safety that there be no bareback riding. 3.4 Management requires anyone under 18 to be supervised by an adult. 3

4 3.5 Please clean up after yourself. Sweep the floor when done grooming your horse. Pick up any manure your horse drops (Even outside Stable). There are muck buckets for use at either end of the barn. Turn off all water when done, make sure that your horse's stall door is secure, and all lights and overhead heat are turned off. Check the safety chains on outside gates. 3.6 Stable is not responsible for anything lost, stolen, or damaged. Do not borrow any equipment or treatments from anyone, including Stable, without first receiving permission. 3.7 Stable is not responsible for your equipment. Please limit your equipment to 1 saddle, 1 bridle, and 1 trunk per horse. Please keep tack room orderly. Put all equipment away after each use. Limited space may be available on request for additional storage. 3.8 No stallions. Stable cannot board stallions over one year of age. Special needs horses (Special supplements, underweight, etc) will only be BoxStall or Paddock Boarded. 3.9 Please take proper safety precautions when handling horses. Remember that horses are animals that often act on their own. You are riding at your own risk Owner will provide yearly proof of Current Coggins Test. All inoculations (3-Way and Rabies are to be done no later than June of every year. Management requires proof of inoculation (Vet bill or vet supply receipt) of inoculations. A booster of Rhino/Flu is to be given in the fall. If proof is not received by June 30th, management will inoculate horse(s) and bill Owner in the following month s board bill. Owners are responsible for repayment to stable within 30 days. Horses are to be wormed no less than every three months or 4x's per year Any complaints or questions about the care of your horse or other stable issues must go directly to management. If we can help resolve any issue to improve our facilities or your level of horse care, we will certainly try to accommodate your request Any rider or handler other than Owner (Not already listed on this agreement) Must contact Stable Management and sign a Liability Release and Hold Harmless Agreement Signed agreements will be kept on file in Stable office. Underage riders must have above agreement signed by their Parent or Guardian. a) Any rider or handler other than Owner must wear a hard helmet regardless of age while on the horse. b) Owners are responsible for informing any rider or handler of Stable rules. If a rider or handler continuously disregards Stable rules, they may be asked to leave the premises Do not leave trash in or around Stable. It creates a genuine hazard to other horses. 4

5 3.14 No boarder is to feed additional grain or hay belonging to Stable. Boarder may supply his/her own additional hay, grain, or supplement. Boarders are required to keep all additional feeds and Horse Treats Off-site such as in the trunk of their car or locked in their tack-trunk. Please do not store your own feeds in tackroom or barn for the safety of other horses and owners. NO REDUCTION in board will be given if alternate feed is provided. Stable is not responsible for the wellbeing of any horse/pony receiving amounts of feed determined unsuitable by Stable management. a) Additional hay or grain may be available for an additional charge per month. b) Special feed required by older or sport horses is available for an additional charge No Owner or designee of Owner, other than stable staff, is to provide additional grain, hay, supplements or medications to Owner's horse without first consulting with and notifying Stable Management. Owners may not take Hay or Feed belonging to Barn to feed their horse Unless otherwise arranged, during summer hours horses may be turned out overnight when there are less insects and it is cooler and more comfortable for the horse. If horse Owner, rider or handler rides in the evening, they are responsible for putting horse outside in the appropriate turnout paddock. Special arrangements may be made with management on the occasion, that for whatever reason, there needs to be a deviation from the schedule. Stable is not responsible for horses left inside if owner chooses to deviate from stable schedule. Turn out schedule is located at front of stable. (Turnout is typically during daylight hours) 3.17 All horses are turned out on a daily basis, weather permitting. If Owner, on occasion, would like horse(s) to remain in, Owner is responsible for leaving notice on the message board at front of stable. Horses remaining in their stalls at Owners request, may be subject to Medical Stall Rest Fees as noted in Attachment A Rate Schedule Outside instructors wishing to provide instruction must provide proof of insurance in accordance with GameFarm Stables, LLC Insurance Policy Regulations. Instructor must provide valid proof of insurance in excess of one million dollars to be filed in Stable office typically with GameFarm Stables, LLC listed on their policy as coinsured Closing: If you are the last person in the barn, you are required to turn off all lights (Bathroom included) and check all doors and safety chains to make sure they are shut and properly locked, including your tack room City of Minnetrista Ordinances, Rules and Regulations take precedent over any issues not specifically addressed above Parking Areas: Whenever possible, we ask that you park in designated vehicle parking areas and not block off the driveways for other boarders by just parking in the driveway. The 5

6 City of Minnetrista has asked that we maintain Fire Equipment Access at all times through the driveway systems across the entire property. Do not park in front of Barn Doors or Ramps Horse Trailer Drop-Off, Pick-Up and Parking: All horse trailers are to proceed straight to the Trailer Parking Area at the North End of the Property, to either Park or Turn and Come Back to load or unload while still facing out of the Trailer Driveway. No trailers are to come into the Main Barn or Vehicle Parking Areas. Vehicle and Barn Areas are simply too tight to maneuver vehicles pulling trailers when other cars and horses are present. Trailers will destroy fences and buildings and the actual driveway if allowed in these areas Horses can easily be walked to the trailer and loaded in or out. That remains much less disruptive than trying to take the trailer all the way in to the horse. Actual Trailer Parking is available at the North End of the property and is available to all Boarders at no additional cost as long as a Boarding Agreement is in Force Boarders and their Guests are asked to please use the GameFarm Stables, LLC Driveway at 6570 Game Farm Road only. Boarders, Guests and Horses are not allowed to use the Private Drive at 6690 Game Farm Road. This is at the very specific request of our neighbors and is a condition of our Conditional Use Permit with the City of Minnetrista Thank You. AGREEMENT SIGNATURES 4.1 This agreement is entered into in the state of Minnesota and will be interpreted and enforced under the laws of Minnesota. I, THE UNDERSIGNED, BEING OF LEGAL AGE AND SOUND MIND AND NOT BEING UNDER THE INFLUENCE OF ALCOHOL. DRUGS, OR INTOXICANTS, HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND RELEASE. GUEST RIDER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. Guest Rider Keeps This Document but Turns in Signature Page to Stable Manager for Recording Signature Record Will Be Held In GameFarm Stables, LLC Database for Future. Signature Page Follows: Document Record Date Mar 1, 2013, GameFarm Stables, LLC, State of MN 6

7 SIGNATURE PAGE For: Document Record Date Mar 1, 2013, GameFarm Stables, LLC, State of MN FOR LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT ABOVE 4.2 Please Print: Guest Rider/Parent/Guardian: Date: Minor Rider(s) Name(s) Address: City: State: Zip: Telephone: Cell Phone: Emergency Name/Phone Number: Signature of Rider(s): Date: Signature of Parent or Guardian if Rider is under 18 years of age: If Applicable, Guest of Boarder or Trainer s Name: GameFarm Stables, LLC Brian and Maria Johnson, Owners GameFarm@Frontiernet.net vii