RELEASE #1
This
release is between William C. Stevens, Janice L. Stevens, Marcus H. Stevens,
Nancy P. Stevens, and For Howes Endurance Rides, Inc., a Montana nonprofit
corporation, (all herein referred to as the "Releasees") whose
address is H.C. 71 Box 1203/1206, Ashland, MT 59003 and _______________________________
___________________________
(print full name here)
("Releasor"), an invitee to the William Stevens Ranch, Powder River
County, Montana and a guest of Releasees.
The Releasor acknowledges that Releasor has read the
full text of Montana Code Annotated 70-16-302 and Montana Code Annotated
27-1-725 through Montana Code Annotated 27-1-727 attached hereto and by
reference made a part.
Releasor acknowledges that Releasor has been invited to
come upon the William Stevens Ranch located in Powder River County, Montana as
a guest of Releasees. Releasor further
acknowledges that Releasor understands that there are certain inherent dangers
associated with various activities which Releasor may undertake on the William
Stevens Ranch, including but not limited to the following activities: hunting;
fishing; dog handling; camping; rifle, handgun, and shotgun shooting; riding in
vehicles; riding recreational vehicles; horseback riding, roping, endurance
riding and assisting with such events; hiking, and participating in ranching
and agricultural activities.
Releasor, for himself and Releasor's heirs, assigns,
and personal representatives does hereby forever release and discharge
Releasees, and all of them, their officers, directors, agents, representatives,
partners, members and employees from all claims, demands, actions, causes of
action, damages, costs and expenses of every kind whatsoever, both in law and
in equity, on account of, or in any way resulting from, personal injuries,
death, or property damages to Releasor or anyone claiming under or through
Releasor arising out of any action or conduct of Releasees, or any one of them,
whether such conduct is negligent or otherwise or arising out of any activity associated
with or on the William Stevens Ranch or property leases or managed by
Releasees.
Furthermore, Releasor does hereby expressly covenant
and agree to indemnify and hold forever harmless Releasees, their officers,
directors, agents, representatives, partners, members and employees from any
and all claims, demands, actions, causes of action, damages, costs and expenses
of every kind whatsoever, both in law and equity, which may hereafter arise as
a result of the Releasor's actions, conduct, negligence, intentional acts or
other actions.
Releasor expressly agrees that this Release is intended
to be as broad and inclusive as permitted by the laws of the State of Montana,
that this Release is intended to be consistent with the Montana Code Annotated
27-1-725 through 27-1-727 and that if any portion of this Release is held
invalid, the balance of this release shall continue to full legal force and
effect. The terms of this Release are
contractual and not a mere recital, they contain the entire agreement between
the parties and they are given in respect of mutual consideration acknowledged
by the signatures below.
This Release is a continuing release which shall remain
in full force and effect for twelve (12) months from the date of its execution.
Releasor acknowledges that Releasor has read and fully
understands the terms of this Release.
Releasor agrees that this Release may be signed by any
one of the five Releasees on behalf of all the Releasees and that this Release
will be effective as to all five Releasees.
This Release may be executed in separate counterparts,
which may be original, photocopies, telecopy transmission or copies thereof,
and when this Release has been executed on a single original or in
counterparts, this Release shall be binding and in full force and effect.
Releasor
__________________________________Releasees _____________________________
Parent/Guardian
of under 18 Rider ___________________________________________________
Horse
Owner (if not rider) ___________________________________ Date: _____/_____,
2003
RELEASE #2
I,
_________________________________________________________(print full name
here), wish to enter and participate in
the Fort Howes Endurance Rides, to be held on Saturday June 7, 2003, and/or Sunday
June 8, 2003. and I have read the rules, conditions, and regulations of the
event and will comply with them. As a
participant in the event, I agree to abide by the rules of all sanctioning
organizations, including AERC, USA Equestrian (USA-EQ, AHA, FEI, MRER, EMDRA,
and the aforementioned ride.
I agree that my participation in the ride involves
certain inherent risks, which include, but are not limited to, the following:
(1) horseback riding involves being in remote areas for extended periods of
time, far from communications, transportation, and medical facilities, that
these areas can have many natural and man-made hazards which ride management
cannot anticipate, identify, modify, or eliminate, these hazardous
surfaces/subsurface conditions including such things as rocks, trees, puddles,
streams, fences, jumps and/or other hard objects and /or holes, divots, ledges
which could cause an equine to trip and /or fall and /or could strike a
participant who falls from or is thrown from an equine; (2) that horses can
behave in unpredictable ways which can result in accidents to anyone at any
time, resulting in injury, severe injury, or death; (3) that an equine's
reactions to sound, movements, objects, vehicles, persons, animals, scents, or
insects cannot be predicted. I agree to
take full responsibility for myself/my child or children, and the animal(s)
I/my child or children is/are riding or have in camp. I will hold harmless the AERC, USA Equestrian, AHA, FEI,
MRER, EMDRA, its officers and all
individual members there of, Fort Howes Endurance Rides, Inc., William Stevens
Ranch, Marcus Stevens Ranch, Forest Service-USDA, employees of such, all ride
personnel, and all property owners over whose land the ride crosses, their
representatives, successors and assigns, for any accident, injury or loss that
might occur due to my participation in this ride, and free all liability for
such injury or loss, including that due to negligence not caused by wanton or
willful misconduct of the Fort Howes Endurance Rides, Inc., William Stevens Ranch,
and/or Marcus Stevens Ranch.
I hereby certify that my horse
is not under the influence of medication and will not be treated with or given
any medications prohibited by AERC rules.
I also hereby give permission to AERC or its duly appointed agent to take
any appropriate action deemed necessary to check for possible administration of
drugs to my hose. The undersigned
verifies acceptance of risks and responsibilities for rider's and horses'
conditions and certifies that all information on this form is correct to the
best of his/her knowledge.
Rider
__________________________________Horse Owner ____________________________
Parent/Guardian of under 18
Rider _______________________________ Date: ____/____, 2003
FEI Entrants Only--USA Equestrian Disclaimer:
Every entry at a recognized competition shall constitute an agreement and
affirmation that all participants (which include, without limitation, the
owner, lessee, trainer, manager, agent, coach, driver, rider, handler and the
horse), for themselves, their principals, representatives, employees and
agents: (1) shall be subject to the Constitution and Rules of the USA-EQ and
the local rules of the competition; (2) represent that every horse, rider,
driver, and handler is eligible as entered; (3) agree to be bound by the
Constitution and Rules of the USA-EQ and of the competition, and will accept as
final the decision of the Hearing Committee on any question arising under said
rule, and agree to hold the competition, the USA-EQ, their officials,
directors, and employees harmless for any action taken; (4) agree that as a
condition of and in consideration of acceptance of entry, they authorize the USA-EQ
and/or the competition management to market, transfer, assign or otherwise make
use of any photographs, likenesses, films, broadcasts, cablecasts, audiotapes
or videotapes taken of the horse(s) and participant(s) while on the grounds,
incident to, or in transit between the stabling facility and the event site, in
any way they see fit for the promotion, coverage or benefit of the event,
sport, or the USA-EQ, without compensation to any of them, so long as the use
neither jeopardizes amateur status nor endorses a specific product or service,
and hereby expressly and irrevocably waive and release any rights in connection
with such use, including any claim to invasion of privacy, right of publicity,
or to misappropriation; and (5) agree that they participate voluntarily in the
competition fully aware that horse sports and the competition involve inherent
dangerous risk of serious injury or death, and by participating they expressly
assume any and all risks of injury or loss, and they agree to indemnify and
hold the USA-EQ, the competition and their officials, directors, employees and
agents harmless from and against all claims including for any injury or loss
suffered during or in connection with the competition, whether or not such
claim, injury or loss resulted, directly or indirectly, from the negligent acts
or omissions of said officials, directors, employees, or agents of the USA-EQ
or competition. The construction and application of USA-EQ rules are governed
by the laws of the State of New York, and any action instituted against the USA-EQ
must be filed in New York State. See Art. 1502.5.
FEI Entrants Only--USA Equestrian
Membership Statement:
Life, Senior active and Junior active members shall be eligible to participate
in all classes at Regular Member Competitions, Combined Training/Eventing
Competitions at the preliminary level or above and Combined Driving Competitions
at the intermediate level or above, Dressage and Vaulting Competitions and
Endurance Rides provided that respective breed/discipline dues or
breed/discipline category fee has been paid. A non-member may participate as a
handler, rider, driver, owner, lessee, agent or trainer at Regular Member
Competitions, Combined Training/Eventing Competitions, Dressage Competitions
and Combined Driving Competitions upon payment of a $15.00 non-member
registration fee and a $5.00 breed/discipline category fee for each
breed/discipline. Participants in the following classes are exempted from the
requirements of this rule: 1) leadline; 2) exhibitions; 3) games and races; 4)
classes for 4-H members; 5) walk trot and academy classes (academy classes are
classes limited to horses used regularly in a lesson program); 6) USDF
Introductory level tests, pas de deux and quadrille classes; and 7) assistant
handlers in dressage sport breeding classes; also exempted from this
requirement are 8) citizens of other nations who are members in good standing
of their national federations and in the case of disciplines recognized by the
FEI, in possession of a foreign competitor's license to compete in national
competitions which has been issued by the USA-EQ (See Article 807.4 of the USA-EQ
Rules).
Rider
__________________________________Horse Owner ____________________________
Parent/Guardian of under 18 Rider _______________________________ Date: ____/____, 2003