RELEASE AND WAIVER OF LIABILITY; ASSUMPTION OF FULL RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY AND/OR DEATH; AND INDEMNITY AGREEMENT (HEREAFTER “RELEASE”) SINCE THE ACTIVITIES TO BE PROVIDED BY DABBLE, LLC TO PARTICIPANT (“ACTIVITIES”) HAVE THE POTENTIAL TO BE DANGEROUS, PARTICIPANT, AND THE PARENT AND/OR GUARDIAN OF A MINOR PARTICIPANT, (HEREAFTER JOINTLY AND SEVERALLY “PARTICIPANT”) HAS/HAVE AGREED TO EXECUTE THIS RELEASE TO ACKNOWLEDGE PARTICIPANT’S ASSUMPTION OF ALL RISKS ASSOCIATED WITH THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO THOSE ACTIVITIES DEFINED AS EQUINE ACTIVITIES IN WISCONSIN STATUTE SECTION 895.481, WHICH STATES IN PERTINENT PART: NOTICE:
WISCONSIN STATUTES PROVIDE THAT A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable for the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481 (1) (e) of the Wisconsin Statutes. PARTICIPANT UNDERSTANDS THAT THIS RELEASE IS INTENDED TO PROVIDE DABBLE, LLC, AND THE OTHER RELEASED PARTIES, PROTECTION BROADER THAN THAT WHICH MAY HAVE OTHERWISE BEEN PROVIDED BY WISCONSIN STATUTE SECTION 895.481 ALONE.
Participant further agrees as follows:: Participant has been given the opportunity to inspect the horses, riding facilities and equipment to be used by Participant, in advance of Participant’s participation in the Activities, and has expressly been instructed that if Participant ever believes anything is unsafe, Participant shall immediately advise Dabble, LLC and/or the individual appearing to be in charge of the Activities of the condition and shall thereafter refuse to participate in the activities until the situation is appropriately remedied and rectified to the satisfaction of Participant. Participant has been given the opportunity to observe, without cost, the Activities offered by Dabble, LLC so that Participant can judge for himself/herself whether the Activities that will be provided to Participant are deemed safe and appropriate under the circumstances.{00236001.DOC}1 Participant also certifies that Participant has no physical or mental condition which would interfere with Participant’s ability to participate in the Activities provided by Dabble, LLC or that would otherwise endanger Participant’s health or safety or the health or safety of others. The participant fully understands and voluntarily accepts the fact that THE ACTIVITIES PROVIDED BY DABBLE, LLC HAVE THE POTENTIAL TO BE DANGEROUS and that:
a. There are risks and dangers associated with participation in the Activities which could result in bodily injury, partial and/or total disability and/or death;
b. The physical, mental and economic losses and/or damages that could result from those risks and dangers described above could be severe;
c. These risks and dangers may be caused by the action, inaction, negligence or carelessness on the part of the Dabble, LLC or any of its officers, agents, servants or employees; the landlord or lessor of the premises upon which the activities are conducted; the landlord or lessor of any equipment; or another participant (Herein “Released Parties”);
d. There may be other risks not known or reasonably foreseeable at this time.
IN CONSIDERATION of Dabble, LLC permitting Participant to participate in any of the Activities offered by Dabble, LLC, participant, jointly and severally, agree for Participant, Participant’s family, and Participant’s heirs, executors, administrators and assigns, that participant voluntarily releases, discharges and promises not to sue Released Parties for any claims for personal injury, property damage or wrongful death occurring to Participant and which in any way arises out of Participant’s participation in the Activities, wherever or however it may occur and whether it is caused by the negligence or carelessness, or otherwise, of Released Parties.
Participant further agrees not to sue, file a claim against or implead Released Parties in or into any action initiated against Participant by another for damages for personal injury, property damages, or wrongful death. Participant, jointly and severally, further agrees, for himself/herself, Participant, Participant’s family, and Participant’s heirs, executors, administrators and assigns, that in the event any claims for personal injury, property damage or wrongful death shall be prosecuted against Released Parties in contravention of the terms of this Release, Participant and participant shall indemnify, save and hold harmless Released Parties from and against any and all claims made for personal injuries, property damages or wrongful death whether caused by the negligence, carelessness, or otherwise, of Released Parties.
If Participant is a minor, participant executes this Release individually and on behalf of the minor Participant. If, despite this Release, a Participant makes a claim against Released Parties, the remaining Participants agree that the said remaining Participants:
(1) shall defend, indemnify, save and hold harmless Released Parties and will assume responsibility for and {00236001.DOC}2 indemnify Released Parties for any money which they are required to pay to Participant; and (2) will reimburse/indemnify Released Parties for all reasonable costs incurred by the Released Parties, including attorney’s fees, as a result of the claim of Participant. Participant further, jointly and severally, agree and promises to hold harmless and indemnify Released Parties from all costs, including attorney’s fees, incurred in connection with any claim(s) for personal injury, property damage or wrongful death which Participant, whether a minor or otherwise, may cause to a third parties.
If any portion of this Release is held invalid, it is agreed that the balance thereof shall continue in full legal force and effect. PARTICIPANT UNDERSTANDS THAT PARTICIPANT IS ASSUMING ALL RISKS ASSOCIATED WITH THE ACTIVITIES PROVIDED BY DABBLE, LLC, WHETHER KNOWN OR UNKNOWN, AND THAT BY SIGNING THIS RELEASE PARTICIPANT IS WHOLLY GIVING UP ANY RIGHT PARTICIPANT MAY OTHERWISE HAVE TO SUE THE RELEASED PARTIES FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH RESULTING FROM OR DURING THE COURSE OF THE ACTIVITIES. PARTICIPANT VOLUNTARILY SIGNS HIS/HER NAME EVIDENCING PARTICIPANT’S ACCEPTANCE OF THE ABOVE PROVISIONS AND FURTHER AGREES THAT NO ORAL STATEMENTS, REPRESENTATIONS, OR INDUCEMENTS OF ANY KIND APART FROM THIS RELEASE HAVE BEEN MADE TO PARTICIPANT. I HAVE CAREFULLY READ THIS RELEASE AND WHOLLY UNDERSTAND IT.