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Waiver of Liability

Brown County Saddle Barn

 

Release of Liability, Assumption of Risk and Indemnity Agreement 

PLEASE READ CAREFULLY UNDER INDIANA LAW,  

"WARNING: Under Indiana law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities."

In addition to permission to enter for any purpose, the non-public area (defined as the aréa of land known as Simpson Creek, LLC/Brown County Saddle Barn) I hereby understand and agrée as follows:

  • I release, discharge, and agree not to sue Simpson Creek, LLC/Brown County Saddle Barn, it’s officers, trustees, employees, agents, owner,  riders, and the owner of the premises used in connection to Simpson Creek, LLC Saddle Barn, and each of their respective employees and agents from all claim, demands, actions ,cause of actions, liability loss or injury(including death) or whatsoever kind, nature or connection with Simpson Creek, LLC/Brown County Saddle Barn while I am in public or non-public areas.

  • I assume full responsibility for and the risk of loss, damage (including death) or whatsoever kind, nature, or description that may arise to my person and property notwithstanding any negligence or Simpson Creek, LLC/Brown County Saddle Barn its officers, trustees, employees and agents, while I am for any reason in the public or non-public area voluntarily and upon reliance of my own judgment and ability and knowledge of the risks and hazards to myself and the property while entering upon and departing such areas.

  • I agree to indemnify and defend Simpson Creek, LLC Saddle Barn, Ryan Swinger, (etc.) against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my presence in the above-described area, or participation in equine activities."

  • The release, assumption of risk, and its indemnity agreement is held valid, the balance shall not withstanding continue in full and legal force and effect.

  • Inherent Risk of Equine Activities: “A danger or condition that is an integral part of an equine activity" including:

1. Unpredictability of horses' reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; 

2. Collision with another horse, person, animal, or object; and

3. Hazards, including, but not limited to surface and subsurface conditions.

4. Potential of the equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the participant, including failing to maintain control of the horse or failing to act within the ability of the participant.

 

Use of photography equipment must have written approval before being published with any media source.

 

I HAVE READ AND VOLUNTARILY SIGN THIS RELEASE ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, AND CERTIFY THAT NO ORAL REPRESENTATION, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.  

“I HAVE READ AND UNDERSTOOD THE INFORMATION LISTED ON THIS PAGE”

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