| RELEASE OF LIABILITY WAIVER This RELEASE OF LIABILITY is made and entered into on this______day of _________, 2009, by and between KIMBERLY S. DIMMICK, DAKOTA RIDGE STABLES, hereinafter designated MANAGER and ___________________________________hereinafter designated PARTICIPANT, and if participant is a minor, PARTICIPANT'S PARENTS OR LEGAL GUARDIANS, ___________________________________________________________________________________. In return for the use, today and on all future dates of the property, facilities and services of the Manager, the Participant, his heirs, assigns, and legal representatives, hereby expressly agree to the following: It is the responsiblity of the Participant to carry full and complete insurance coverage on himself and his personal property. Participant agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE PARTICIPANT'S USE OF OR PRESENCE UPON MANAGER'S PROPERTY AND FACILITIES including, without limitation but not limited to, the risks of death, bodiliy injury, property damage, falls, kicks, bites, collisions with vehicles, animals or stationary objects, fire or explosion, the unavailability of emergency medical care, or the negligence of deliberate act of another person. Participant agrees to hold MANAGER and all its successors, assigns, subsidiaries, affiliates, offiicers, directors, employees and agents completely harmless and not liable and release them from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, cost or expenses arising out of Participant's use of or presence upon Manager's property and facilities, including without limitation, those based on death, bodily injury, property damage, including consequential damages, except if the damages are caused by the direct, willful and wanton negligence of the Manager. Participant agress to waive the protection afforded by any statute or law in any 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 the release. Participant agrees to indemnify and defend Manager against, and hold it harmless from, any and all claims, causes of action, damages, judgements, costs or expenses, including attorney's fees, which in any way arise from the Participant's use of or presence upon the Manager's property and facilities. Participant agrees to abide by all of Manager's rules and regulations. This contract is non-assignable and non-transferable and is made and entered into the State of Minnesota, and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with State Law, then that clause is null and void. When the Manager and Participant and Participant's parents or legal guardians, if Participant is a minor, sign this contract, it will then be binding on both parties, subject to the above terms and conditions. ________________________________________________________________ ____________________ Participant's Signature -or- Legal Parent/Guardian if a minor child Date (Signature of BOTH Parents/Guardians Required) _________________________________________________________________ ____________________ Legal Parent/Guardian Date _________________________________________________________ ___________________________ Participant's Address Phone Number |