On behalf of myself, and / or my minor child or ward, my / our successors, executors, administrators and / or assigns, including any one claiming on behalf of any of me /us, in consideration of the grant of right of use Alamad Horsemanship LLC and / or grounds, subject to the terms and conditions of this agreement, I agree as follows:
1.) Acknowledgement of Risk, Indemnification of Released Parties and assumption of Risk. Participant understands and accepts the risks of engaging in equine activities. Participant fully acknowledges that all equine activities are dangerous, including simply being in the presence of an equine, including but not limited to the following: (a) the propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; (b) The unpredictability of an equines reactions to sounds, sudden movement and unfamiliar objects, persons, animals, or other things; (c) hazards, including but not limited to, surface subsurface conditions; (d) collisions with other equines or objects; (e) 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 his or her ability. Participant understands the resulting injuries, death and property damage that may result from the accepted risks of engaging in equine activities or just being in the presence of an equine, that equines are powerful and all have the potential to be dangerous, even without warning, and the risks listed in this agreement are just a sampling and participant is not relying on Released Parties to list all possible equine-related risks. Participant therefore agrees to on their own behalf, and on the behalf of their minor participant, that they understand the risks and dangers inherent in equine activities and agree to assume them on their own behalf and on their behalf of the minor participant, to at all times be responsible of their personal safety, to remain financially responsible for their medical expenses and waive their right to any claims arising for their participation in or observation of any equine activities, being in the presence of an equine, or near an equine on the property at 45W015 Welter Rd. Maple Park, IL 60151.
I also acknowledge that if I participate, or allow my minor child or ward to participate in any equine activity, including as a rider, driver, handler, lessee, owner, agent, spectator, volunteer and or trainer, I choose to do so voluntarily, knowing that this activity is dangerous. Alamad Horsemanship LLC and its insurers, employees, trainers, agents, owners while acting on behalf of Alamad Horsemanship LLC are hereafter collectively referred to as the “Released Parties.”
2.) I understand that Alamad Horsemanship LLC does not provide any supervision of any activity upon its grounds, and it is therefore impossible to guarantee the safety of any one who is in, upon, using the facility and grounds for any purpose. Therefore, I understand that when I am in, upon or use the facility and/ or ground I assume all risk and legal responsibility for the loss or damage to property or injury or death to me and or my minor child or ward.
3.) Release,Hold Harmless, Indemnification: Participant agrees to release and hold the Facility, Yasmine Alamad, Alamad Horsemanship LLC, and their respective owners, managers, officers, directors, members, partners, subsidiaries, affiliates, agents, attorneys, assistants, representatives, assigns, volunteers, employees, independent contractors, trainers, and others acting on their behalf (collectively “Released Parties”), harmless for any illness, injury, death, damage, or other loss incurred by Participant unless caused by Released Parties’ gross negligence or wanton and willful misconduct. Participant agrees to indemnify Released Parties against injuries and damages sustained or suffered by any third party, whether caused by Participant directly or indirectly, and which includes reimbursement of Released Parties’ attorneys’ fees.
4.) Governing Law and Time Limitation: This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation and enforcement of this Agreement shall be resolved exclusively by the federal or state court in Kane County, Illinois. The parties hereto hereby submit to the jurisdiction and venue of the Court for such purposes. Participant agrees that any and all claims and/or causes of action, for injury, death, property damage, or other claims or losses by Participant, on his/her own behalf and/or on behalf of a minor Participant, against the Released Parties, must be brought within one (1) year of the date they accrue.
5.) I forever waive, release, agree to indemnify and hold harmless each and every one of the “Released Parties” of and from any and all liability for any and all claims, demands, causes of action, damages, injuries or death, that I or my minor child or ward may have including any injuries or death to my equine and or loss of my property, of every nature arising out of or in any way resulting from being upon or the use of Alamad Horsemanship LLC facility and grounds, and I assume all risks set forth in this agreement. Neither my minor child or ward, nor I, nor anyone claiming through me or them, will hereafter make any claim or demand against, or initiate, file or bring legal lawsuit, action or proceeding against any of the Released Parties, for or on account of, arising out of, or in any way connected with any injury or loss or any claim made by others for any injury or loss of any nature arising out of or in any way resulting from being upon or the use of Alamad Horsemanship LLC facilities and grounds.
6.) Participant certifies that they have read this entire agreement and understands, agrees, and intends on their own behalf, and on behalf of their minor participant, spouse, heirs, agents, representatives, relatives, successors, and assigns, to be bound by all of the terms and conditions contained herein.
WARNING: UNDER THE ILLINOIS EQUINE ACTIVITY ACT, EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY EXPRESSLY ASSUMES THE RISK OF ENGAGING IN, AND LEGAL RESPONSIBILITY FOR INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY RESULTING FROM EQUINE ACTIVITIES.
