In consideration of the services of HAPI Trails Horse Adoption Program Inc DBA HAPI Trails Horse Rescue, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “HAPI”), I hereby agree to release, indemnify, and discharge HAPI, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in horse care clinics and equine training and instruction activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: slips and falls, equipment or items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; water hazards; hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, and dehydration; additionally, fatigue, chill and/or dizziness may diminish my/our reaction time and increase the risk of an accident, exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries; a horse, regardless of its training and usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you to be thrown from your horse or injured by the horse; horses may do such things as bite, kick, buck, lie down, or stumble; saddles may slip, your horse may collide with obstacles or encounter variations in terrain such as creeks, water, bridges, traveled roads, wild animals, birds, stumps, forest growth, debris, rocks and cliffs and other obstacles whether obvious or not and whether man made or natural; travel in remote areas; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of any manner of transportation accidents.

Furthermore, HAPI personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally. I also agree to wear a properly fitted and secured certified helmet while participating in saddle animal rides.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless HAPI from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of HAPI’s equipment or facilities, including any such claims which allege negligent acts or omissions of HAPI.

4. Should HAPI or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6. In the event that I file a lawsuit against HAPI, I agree to do so solely in the state of Idaho and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against HAPI on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at HAPI. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

By sending this electronically, I acknowledge that I have fully read this waiver and comprehended it.