RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT
I hereby enter into this agreement in consideration of my/ability and permission to enter property, OR to ride OR use any facilities or equine animals (horses) owned by Lem Lewis, Melonie Lewis, 4th Street Blanco, LLC, Lewis Equine, LLC, Cowboy Clinics, herein after referred to as
"Facilities Owner".
By signing this form, I hereby acknowledge on behalf of myself that I have familiarized myself with the activities that I will be allowed to participate in, and that I do hereby acknowledge and agree that I am fully capable of participating in these activities without restriction or limitation.
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PRFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIS RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES
WARNING
UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN AGRITOURISM ACTIVITIS RESULTING FROM AN AGRITOURISM ACTIVITY
I recognize the inherent risks of engaging in domestic animal activities include, but shall not be limited to: 1. the propensity of a farm animal or livestock animal to behave in ways that may result in personal injury or death to a person on or around it, e.g., running, bucking, biting, kicking, shying, stumbling, rearing, falling, or stepping on, or other that may result in an injury, harm or death to persons on or around them.
2. the unpredictability of a domestic animal’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons, or other animals.
3. certain hazards such as surface and subsurface conditions.
4. collisions with another animal or object.
5. the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the domestic animal or not acting within such participant’s ability.
6. Scratches or other injury from stalls or enclosures, grooming tools and other equine equipment and tack.
7. Allergic reactions to animals, hay, or other allergens; or
8. Slipping, falling, or otherwise being injured in the barn, in stalls, or on the grounds, which can be slippery, muddy, wet, or contain or present another hazard. By signing this agreement, I hereby acknowledge that although there may at times be supervision during my time spent at the facilities, I am responsible for my own activities and there will not be a nurse on the premises and Releasees bear no responsibility for my health or medical care.
I acknowledge that entrance to property entails known risks that could result in physical or emotional injury, paralysis, death, or damage to me, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Company, and all other persons or entities acting in any capacity on their behalf 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 Company's equipment of facilities, including any such claims which allege negligent acts or omissions of the Company. Should the Company 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.
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.
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.
Nothing in this instrument shall be deemed to limit or restrict in anyway the limitation of liability granted to the Releasees pursuant to Texas Civil Practice & Remedies Code §§ 87.001 through 87-005, or otherwise under the law.
By signing this document, I acknowledge that if anyone is hurt or property 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 the Company based on any claim from which I have released them herein. I have had a sufficient opportunity to read this entire document. I have read and understood it and agree to be bound by its terms.
I, (the undersigned) hereby grant to Cowboy Clinics & Lewis Equine, LLC, their successors, assigns and licensees, (Owner), the right to photograph me and to record my voice, performances, poses, actions, plays and appearances, and use my picture, photograph, silhouette and other reproductions of my physical likeness and voice in connection with advertising, education and social media postings. I understand that during my participation there shall be still pictures, motion pictures and audio recordings taken. I grant permission to Owner to use my name and/or likeness, image, voice, sound effects, interview, still & motion pictures and audio recordings in any manner they desire including but not limited to advertising and promotional materials. I understand that I am to receive no compensation for this appearance. The Owner shall have complete ownership of the content. Owner may: 1. Photograph me and record my voice and likeness for the purpose mentioned above, whether by film, videotape, magnetic tape, digitally or otherwise; 2. Make copies of the photographs and recordings so made; 3. Use my name and likeness for the purposes of education, promotion or advertising of the sale or trading in the photographs, recordings and any copies so made. I agree that I will not assert or maintain any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any reason in connection with the authorized use of my physical likeness and sound.
Clinic Rules
Safety of people and horses is priority at all times.
3 MPH in vehicles once on property.
No running or trotting of horses on caliche roads.
All persons, guests, or trainers must have a signed waiver on file. Any person on property that does not have a waiver will be considered trespassing.
Anyone UNDER 18 is required to wear a helmet while on the back of a horse. NO EXCEPTIONS.
NO smoking, drinking, drugs or dogs.
Vape inside your vehicle. Chewing tobacco must be kept discreet.
No spitting, cussing or foul language.
All persons on property must have closed toed shoes and proper clothing for working or riding horses. No riding horses in shorts or tennis shoes. NO sandals.
No minor is allowed on property without being accompanied by their parent or guardian or giving written permission to facility owner.
Keep gates closed and Turn off lights
Do not feed horses that are not yours
Cruelty, bullying, or abuse to horses, children, staff, trainers or boarders will not be tolerated. Facility Owners reserve all rights to deem what is appropriate.
No horse is allowed to be tied by the bit.
Bathrooms are for everyone’s use and its everyone’s
responsibility to keep it clean and tidy. This means you. Supplies are provided for clogs, cleaning, wiping, sweeping and restocking. Toilet seat and lid needs to be left in the down position.
Any safety issue or concern for people or horses, must be brought to Lem or Melonie Lewis IMMEDIATELY.
This is our home. We are a private facility that is not open to the public. Please treat this space with respect. Have fun and enjoy your horses in an uplifting and supportive environment. We do our best to make it nice for EVERYONE to live their passion
Cowboy Clinics - Lewis Equine, LLC
Phone:512-914-5158 Phone: 210-275-3551
Copyright © 2024 Cowboy Clinics - All Rights Reserved.
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