In consideration of my participation in the Oregon High Desert Classics No Show Horse Show 2020 virtual event (hereinafter called the “Activity”), I, for myself, my heirs, personal representatives and assigns, do hereby release, waive, discharge, and covenant not to sue J Bar J Youth Services, Inc., the Board of Directors, their officers, employees, landowners, affiliated companies and agents from liability from any and all claims that I may now have or which I may hereafter have for property damage, injury or death including the negligence of the J Bar J Youth Services, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), property loss, and damages arising from, but not limited to, participation in the Activity.
I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors,, and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the “Agreement”):
- RULES AND REGULATIONS: I hereby agree to abide by the rules, terms & consitions of OHDC-NSHS as published on the Oregon High Desert Classics website at www.oregonhighdesertclassics.org.
- ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of equestrian and know that horseback riding and related equestrian activities are inherently dangerous, and that participation in any equine event involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property (including my mount & equipment) arising out of the unpredictable behavior of horses; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants and horses, natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment (including helmets); inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the USEF Event organizers and competition management; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
EQUINE ACTIVITY LIABILITY ACT WARNING:
CAUTION: HORSEBACK RIDING AND EQUINE ACTIVITIES CAN BE DANGEROUS. RIDE AT YOUR OWN RISK.
Under the laws of most States, an equine activity sponsor or equine professional is not liable for any injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.
- ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in the Activity, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my participation in any J Bar J Youth Services event. I also agree to be responsible for any injury or damage caused by me, my horse, my employees or contractors under my direction and control during the Activity.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the Activity. I hereby assert that my participation in the Activity is voluntary and that I knowingly assume all such risks.
- WAIVER AND RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNITY: In conjunction with my participation in the Activity, I hereby release, waive and covenant not to sue, and further agree to INDEMNIFY, DEFEND AND HOLD J Bar J Youth Services, Inc, and its officers, employees, and agents HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in the Activity and to reimburse them for any such expenses incurred. This Release and Indemnity Agreement shall apply to all claims based upon negligence and any other theory of recovery, except claims based upon willful or intentional misconduct.
- MEDICAL TREATMENT AUTHORIZATION: I understand that an emergency may develop which necessitates the administration of medical care. I understand that such treatment shall be solely at my expense. Notwithstanding this paragraph, I understand and agree that J Bar J Youth Services Inc. has no obligation to provide or seek out any medical treatment for me.
- SEVERABILITY: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Oregon and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- ACKNOWLEDGMENT OF UNDERSTANDING: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
PLEASE READ THE ENTIRE AGREEMENT BEFORE SIGNING.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER FROM LIABILITY, AS WELL AS A HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS.
By signing below, I (as the participant) hereby accept and agree to the terms and conditions of this Agreement in connection with my participation in any J Bar J Youth Services, Inc. event. If, despite this Agreement, I, or anyone on my behalf makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities as the result of such claim.
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
*By Participating in the No-Show Horse Show, you are agreeing to this Release and Indemnity Agreement
All activities for the OHDC No Show Horse Show are subject to Equine Inherent Risk Law.
Oregon ORS 30.687 – 30.697
MINOR RELEASE
IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE, A PARENT OR
LEGAL GUARDIAN MUST AGREE TO AND SIGN BELOW.
I HEREBY RELEASE J BAR J YOUTH SERVICES INC. AND ALL RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, LANDOWNERS, AFFILIATED COMPANIES AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR PROPERTY DAMAGE, INJURY OR DEATH WHICH THE MINOR(S) NAMED BELOW MAY SUFFER OR FOR WHICH HE OR SHE MAY BE LIABLE TO OTHERS, IN ANY WAY CONNECTED WITH PARTICIPATION IN THE ACTIVITY DESCRIBED ABOVE. THE RELEASE IS APPLICABLE TO ANY AND ALL CLAIMS BASED UPON NEGLIGENCE, BUT IS NOT APPLICABLE TO CLAIMS BASED UPON WILLFULL OR INTENTIONAL MISCONDUCT.
I AGREE AND UNDERSTAND THAT J BAR J YOUTH SERVICES INC. DO NOT PROVIDE MEDICAL INSURANCE FOR MYSELF OR MINORS. J BAR J YOUTH SERVICES INC. RECOMMEND THAT EACH PARTICIPANT SHOULD MAINTAIN AND/OR PROCURE HIS OR HER OWN MEDICAL INSURANCE.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER FROM LIABILITY, AS WELL AS A HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS.
By signing below, I (as the Parent/Legal Guardian of the minor identified below) hereby accept and agree to the terms and conditions of this Agreement in connection with the minor’s participation in any J Bar J Youth Services, Inc. event. If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities as the result of such claim.
The parties agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
This release must be signed by parent or guardian if the user is under eighteen (18) years of age.
MINOR NAME: (Please print): __________________________________________________________________
LAST FIRST
PARENT OR GUARDIAN NAME (Please print): ____________________________________________________
RELATIONSHIP: (Please print) ___________________________________________________________________
SIGNATURE OF
PARENT OR GUARDIAN: _______________________________________________ DATE ___________________COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining