Please
read carefully, sign and return to
Hidden Trails Ltd.
659A Moberly Road,, Vancouver,
BC Canada V5Z 4B3 FAX: 604-323-1148
This supersedes all previous Hidden Trails Ltd. agreements. This
RECREATIONAL ACTIVITY RELEASE AND INDEMNITY AGREEMENT is voluntarily
and knowingly entered into by (traveler’s name):
_______________________________,
hereinafter PARTICIPANT and Hidden Trails Ltd., its owners, guides,
employees, agents, volunteers, officers, and directors hereinafter
collectively referred to as PROVIDER. This document is a full
release and indemnity agreement whereby PARTICIPANT is releasing and
indemnifying PROVIDER from various inherent risks, known and unknown
involving various recreational activities including, but not limited
to, horses and horse-type activities and further releasing PROVIDER
from PROVIDER’S negligence, if any, and, further releasing PROVIDER
from any results of the inherent risks and PROVIDER’S negligence,
such results including, but not limited to, property damage, bodily
and personal injury, illness, paralysis, or death. PARTICIPANT will
be engaged in activities involving horses and other potentially
dangerous recreational activities.
PARTICIPANT is informed and understands:
1) That there are significant risks and dangers involved with
horses and horseback riding and that horses are powerful and
potentially dangerous animals;
2) That a horse may, at any time, without warning, and for no
reason, jump up, forward, backward, or sideways;
3) That a horse may become uncontrollable, run wildly, buck, bite,
kick, rear up, or step on feet or other body parts without warning;
4) Horses become tired, stressed, cantankerous, and their behavior
is unpredictable;
5) A horse may trip, stumble, and/or fall down when being led,
ridden, or otherwise attended to; 6) That weather, terrain, other
animals, and/or people and other PARTICIPANTS may adversely affect a
horse’s behavior;
7) That these risks, and others, are inherent with horse and other
activities which risks may not be anticipated, controlled, or
eliminated by PROVIDER and, further, PROVIDER has no duty to do so;
8) That these risks and activities in general can cause property
damage, bodily and personal injuries, illnesses, paralysis, and
death to you or members of your family;
9) That PROVIDER and/or other people and PARTICIPANTS may, on
occasion, be NEGLIGENT (NEGLIGENT meaning, generally, a failure to
exercise ordinary or reasonable care) in their duties and
responsibilities to PARTICIPANT and this NEGLIGENCE can cause
property damage, bodily and personal injuries, illness, paralysis,
and death to you or members of your family;
10) That the horseback riding activities and other activities will
sometimes be in wilderness, and otherwise remote areas and that
bodily and personal injuries, illnesses, paralysis, and other
injuries may occur to you where you are a considerable distance from
doctors, hospitals, and any type of medical help or assistance.
PROVIDER strongly recommends the use of a riding helmet which may
minimize the risks of head and other injuries.
For and in consideration of the monies paid, agreements contained in
this document, and your participation in PROVIDER’S program,
PARTICIPANT does hereby completely release, acquit, and forever
release and discharge, PROVIDER, their successors, personal
representatives, and assigns of and from any and all actions,
claims, demands, obligations, causes of action, damages, costs, loss
of services, expenses, attorneys’ fees, and compensation of any kind
or nature whatsoever on account of or in any way growing out of, or
which in the future may result from, property damage, bodily and
personal injuries, illnesses, paralysis, and death to you or members
of your family as a result of participation in PROVIDER’S program or
in conjunction with recreational activities or PROVIDER’S
NEGLIGENCE.
|
This RELEASE includes, but is not limited to, all claims or causes of
action whether based on a tort, contract, or any other theory of
recovery, which the PARTICIPANT now has or which may hereafter accrue or
may otherwise be acquired on account of or may in anyway grow out of any
recreational activities including, but not limited to, any and all
claims for emotional distress, loss of consortium, loss of
companionship, loss of income, bodily or personal injury to PARTICIPANT,
or members of PARTICIPANT’S family, or any wrongful death claim or
punitive damage or any other claim of PARTICIPANT’S representatives or
heirs which have resulted or may result from the recreational
activities, acts, omissions, or NEGLIGENCE of PROVIDER.
PARTICIPANT further stipulates and agrees in further consideration, to
fully indemnify and hold forever harmless PROVIDER against loss from any
and all claims, demands, or actions which may hereinafter or at any time
be made or brought against PROVIDER by any person or entity who has
made, or agreed to make payments on PROVIDER’S behalf for any medical
expenses or any other obligations incurred by PARTICIPANT as a result of
property damage, bodily and personal injury, illness, paralysis, and/or
death to PARTICIPANT or any members of PARTICIPANT’S family arising out
of PROVIDER’S activities.
PARTICIPANT further agrees and stipulates to indemnify and hold forever
harmless PROVIDER against loss from any and all further claims, demands,
or actions which may hereinafter or at any time be made or brought
against PROVIDER by any person or entity who claims to have been
damaged, or who asserts a claim as a result of property damage, bodily
and personal injury, illness, paralysis, and/or death to PARTICIPANT
arising out of PROVIDER’S activities.
PARTICIPANT further stipulates and agrees to fully indemnify and hold
forever harmless PROVIDER from any action, claim, demand, obligation,
cause of action, damages, costs, loss of services, expenses, and
compensation of any kind or nature whatsoever on account of or in any
way growing out of, or which in the future may result from property
damage, bodily and personal injury, illness, paralysis, and/or death to
any person, including minors and incompetents, over whom and for whom
PARTICIPANT has custody, control, and/or other legal responsibilities.
PARTICIPANT acknowledges and agrees that PARTICIPANT’S participation in
PROVIDER’S recreational activities and riding program is completely
voluntary and PARTICIPANT acknowledges all risks, known and unknown,
accepts all risks, known and unknown, and assumes full responsibility
for all risks, known and unknown, including, but not necessarily limited
to, those risks identified in this RELEASE and acknowledges and accepts
full responsibility for all property damage, bodily and personal injury,
illness, paralysis, and death to PARTICIPANT and/or members of
PARTICIPANT’S family. Further,
PARTICIPANT represents:
1) PARTICIPANT has completely and fully read this document as well
as the Hidden Trails Booking Conditions, agrees to its terms, has
been given ample opportunity to seek legal counsel to review and
advise PARTICIPANT as to the legal effect of this RELEASE and has
been provided additional opportunities to ask questions and make
inquiries of PROVIDER regarding this RELEASE;
2) PARTICIPANT warrants and represents he/she has no medical
problems which might interfere with PARTICIPANT’S participation in
PROVIDER’S program;
3) PARTICIPANT is voluntarily participating in the recreational and
horse activities with full knowledge of the activities and the risks
involved; 4) PARTICIPANT accepts and assumes the risks and legal
responsibilities for any and all injuries and damages which may
result from those risks with participation in recreational or
horseback riding activities;
|
5) PARTICIPANT warrants and represents that he/ she can fulfill any
physical requirements involved with recreational and horse activities;6)
PARTICIPANT understands that the presence of PROVIDER’S personnel is no
assurance of PARTICIPANT’S safety or lessens any risks assumed by
PARTICIPANT;
7) PARTICIPANT warrants and represents that he/ she has obtained
adequate medical/disability/life insurance or other monies to cover
losses to himself or others..
PARTICIPANT also agrees to the HIDDEN TRAILS BOOKING CONDITIONS in its
entirety.
It is agreed that this RELEASE and its provisions shall be governed by
the law of British Columbia, a Province of Canada.
This RELEASE shall not be canceled, modified, or changed in any manner
except by the written agreement of both PROVIDER and PARTICIPANT. The
invalidity of any portion of this RELEASE shall not affect the validity
of the remaining RELEASE.
THE UNDERSIGNED
PARTICIPANT(S) HAS (HAVE) READ AND FULLY UNDERSTAN(S) THIS RELEASE,
WHICH MUST BE COMPLETELY SIGNED AS INDICATED AND RETURNED BEFORE YOUR
ARRIVAL.
Trip Name
_____________________________
Date of trip _____________________
Accepted and agreed to:
1.Traveler
print _______________________________
signature _______________________________
2. Traveler
print _______________________________
signature _______________________________
3.Traveler
print _______________________________
signature _______________________________
4.Traveler
print _______________________________
signature _______________________________
Date ___________________
For Participants Who Are Under 18 Years of Age I hereby assume full
responsibility for all expenses and liabilities of the above named
participant(s) in this riding tour, I agree to hold Hidden Trails, Ltd.
and their associates harmless from any liability or claims on behalf of
that participant, and authorize the use of appropriate medical treatment
for participation in the event of injury.
Parent/Guardian
print ___________________________
signature
___________________________
Date _______________________
|