WAIVER AND RELEASE OF LIABILITY (2.2020)

  • Upon consideration for entering up on the lands owned by Mark and Abby Moreland, or entities owned by Mark or Abby Moreland (the “Owner”), including, but not limited to, the Cottonwood Equine Center, and in order to participate in sports or recreational activities which involve risks inherent to the same, the individual signing below, being an adult of legal age, signing on behalf of himself, herself or as the legal custodian or parent of a minor(s) doing the same, hereby agrees as follows:   

     

    1. I, on behalf of myself, or on behalf of the minor(s) described herein, understand, acknowledge and agree: 
      1. That pursuant to the Montana Recreation Responsibility Act (M.C.A. § 27-1-751 et al. and M.C.A. § 27-1-727), any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for all injury or death to himself and for damage to his property that results from the inherent risks in that sport or recreational opportunity;

      2. The Montana Recreation Responsibility Act applies irrespective of the age of the person assuming the risk; 

      3. That pursuant to the Montana Recreation Responsibility Act, a provider of any sport or recreational opportunity is not required to eliminate, alter or control the inherent risks within the particular sport or recreational opportunity;

      4. That participation in the sports or other recreational opportunities (including, but not limited to, agritoursim, on-farm educational opportunities, dude ranching, horseback riding or other equine activity, shooting, four-wheeling or atv-ing, other off-highway vehicle use, and other sports) is inherently dangerous and may represent an extreme test of a person’s physical and mental limits;

      5. That the inherent risks associated with such sport or recreational opportunities include those dangers or conditions that are characteristic of, intrinsic to, or an integral part of any sport or recreational activity and that cannot be prevented by the use of reasonable care;  

      6. That the known risks of the sports or other recreational opportunities include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Owners; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”); and

      7. The Risks may be caused in whole or in part by my own actions or inactions, or the actions of the minor(s) described herein, the actions or inactions of others, or the negligent acts or omissions of the Released Parties (defined below), and I hereby expressly assume all such Risks, whether known or unknown, and responsibility for any damages, liabilities, losses or expenses incurred as a result of participating in the sport and recreational opportunities.



    2. I, ON BEHALF OF MYSELF, OR ON BEHALF OF THE MINOR(S) DESCRIBED HEREIN, HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE, AND FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE OWNER, ITS EMPLOYEES, AGENTS, VOLUNTEERS, HEIRS, SUCCESSORS AND ASSIGNS; THE DIRECTORS, ORGANIZERS AND PROMOTERS, SPONSORS, ADVERTISERS, AND PARTICIPANTS IN ANY SPORT OR RECREATIONAL ACTIVITY; AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, AGENTS, EMPLOYEES AND VOLUNTEERS (THE “RELEASED PARTIES”), WITH RESPECT TO ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS OR EXPENSE (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES) OF ANY KIND OR NATURE (“LIABILITY”) ARISING OUT OF OR RELATED TO PARTICIPATION IN SPORT OR RECREATIONAL ACTIVITIES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH OR DAMAGE TO ANY REAL OR PERSONAL PROPERTY.  TO THE FULLEST EXTENT PERMITTED BY LAW, I, ON BEHALF OF MYSELF, OR ON BEHALF OF THE MINOR(S) DESCRIBED HEREIN, AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, FROM ANY AND ALL CLAIMS, LAWSUITS, LOSSES AND LIABILITY OR DAMAGES ARISING OF OR IN CONNECTION WITH PARTICIPATION IN SAID SPORT OR RECREATIONAL ACTIVITIES. I FURTHER AGREE THAT IF, DESPITE THIS AGREEMENT, I, OR ANYONE ON MY BEHALF OR ON BEHALF OF THE MINOR(S) NAMED HEREIN, 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 WHICH ANY MAY BE INCURRED AS THE RESULT OF SUCH CLAIM.

    3. I hereby certify that I have read the foregoing and understand and agree to all of the above terms and conditions. I have had the opportunity to ask any and all questions regarding this Waiver. I acknowledge that this Waiver is binding upon myself, my heirs, executors, administrators, and representatives in the event of my death or incapacity, and for all members of my family, including any minor(s) accompanying me. 

    4. 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 provisions.  This agreement shall be governed by and construed in accordance with the laws of the State of Montana, and the exclusive venue for any action brought concerning the interpretation or enforcement of this Agreement shall be proper in the Courts of Carbon County, Montana.


    NOTICE: BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER'S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER'S FAILURE TO EXERCISE REASONABLE CARE.