PARTICIPANT AGREEMENT/LIABILITY RELEASE:
I fully understand and acknowledge that my participation in Pasture Perspectives may include direct interactions with horses and:
- Involves inherent risks, dangers, and hazards;
- May result in injury or illness including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments which could cause serious disability;
- May expose me to risks and dangers which may be caused by the negligence of Unbridled, LLC and/or its owners, employees, officers, representatives or agents, as well as by accidents, by negligence of others and/or by forces of nature;
- May expose me to those dangers or conditions which are an integral part of animal activities including, but not limited to, the following:
i) the propensity of an animal to behave in ways which may result in injury, harm or death to me around the animal;
ii) the unpredictability of an animal’s reaction to sound, to sudden movement, to an unfamiliar object, to a person or to another animal;
iii) certain hazards such as surface and subsurface conditions;
iv) collisions with other animals, people or objects;
v) the potential of me or another participant to act in a negligent manner which may injure me, such as failing to maintain control of an animal or not acting within my ability to control an animal; and
Requires me to assume any and all risks and dangers of injury and/or loss, and to assume any and all responsibility for any losses and/or damages to me, regardless of the cause.
On behalf of myself, my personal representatives and my heirs, I hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Unbridled, LLC and/or its owners, employees, officers, representatives, volunteers or agents from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services or otherwise, which may arise out of my participation in the Animal Activity. I specifically understand that I am releasing, discharging and waiving any and all claims or actions which I may have presently or in the future for the negligent acts or other conduct by Unbridled, LLC and/or its owners, employees, officers, volunteers, representatives or agents.
If any clause, sentence or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, then it shall not affect the validity of any other clause, sentence or provision which shall remain in full force or effect.
Any controversy or claim arising out of, or relating to, my participation in the Animal Activity or in this agreement shall be settled by a court of competent jurisdiction in the State of South Carolina, County of Charleston.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY. BY SIGNING IT, I AGREE TO ALL OF ITS PROVISIONS. IT IS MY INTENTION TO WAIVE AND TO RELEASE UNBRIDLED, LLC FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH TO ME CAUSED BY NEGLIGENCE OR BY ANY OTHER CAUSE.
WARNING
Under South Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of equine activity, pursuant to Article 7, Chapter 9 of Title 47, Code of Laws of South Carolina, 1976.