In exchange for being allowed to interact with the Burros as provided and organized by the Oatman Burros Rehab And Recovery Sanctuary at 2311 Hewlett Ave. Mohave Valley, AZ 86440, (hereinafter “the property”), and for the property and facilities at which Oatman Burros Rehab And Recovery Sanctuary operates and the services that the Oatman Burros Rehab and Recovery Sanctuary offers, I agree to the following for myself, and if applicable, for the members of my family/group, whom I list below:
I agree to observe and obey all posted rules and warnings on the property. I further agree to follow any and all oral instructions or directions given by the Oatman Burros Rehab and Recovery Sanctuary, the volunteers, representatives, or agents of the Oatman Burros Rehab And Recovery Sanctuary.
I recognize that there are certain inherent risks associated with interacting with Burros and I assume full responsibility for personal injury to myself and, if applicable, my family members and group members listed above. I further release and discharged the Oatman Burros Rehab And Recovery Sanctuary and the owner of the property for injuries, loss, or damages arising out of mine or my families/groups use of or presents upon the facilities of the Oatman Burros Rehab And Recovery Sanctuary weather caused by my fault of my self, my family, my group, the Burros on the property, Oatman Burros Rehab And Recovery Sanctuary, or other third parties.
I agree to indemnify and defend the Oatman Burros Rehab And Recovery Sanctuary and the owner of the property against all claims, causes of actions, damages, judgments, cost or expenses, including attorney fees and other litigation costs, which may in any way arise from my family, my group, or my use of our presence upon the property, the facilities of the Oatman Burros Rehab And Recovery Sanctuary and/or our interactions with the Burros.
I agree to pay for all damages to the property and/or the facilities of the Oatman Burros Rehab And Recovery Sanctuary caused by any negligent, reckless, or willful actions by me, my family, or my group.
Any legal or equitable claim that may arise from participation in the above shall be resolved under Arizona law.
I agree and acknowledge that I am under no pressure or duress to sign this release of liability and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this release of liability if I so desire. I further agree and acknowledge that the Oatman Burros Rehab And Recovery Sanctuary has offered to refund any fees that I have paid to use it facilities if I choose not to sign this release of liability.
This release of liability and each of its terms are the product of an arms length negotiation between the parties. In the event that in any ambiguity is a found to exist in the interpretation of this release of liability or any of its provisions, the parties and each of them explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either for or against a particular party based upon their status as the drafter have a specific term, language, or provision given rise to such and ambiguity.
The invalidity or unenforceability of any provision of this release of liability, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provisions of this release of liability or any other applications of such provisions, as the case may be, and such invalid or unforeseeable provisions shall be deemed not to be part of this release of liability for that application.
I understand that if I am attending an off property event with the Oatman Burros Rehab And Recovery Sanctuary, all provisions of this release of liability transferred to the offsite event. I further understand that I will hold harmless the sponsors of the offsite event and which I am attending.
A. An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if:
1. The person has taken control of the equine from the owner or agent when the injury or death occurs.
2. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine.
3. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack.
4. The owner or agent assigns the person to a suitable equine based on a reasonable interpretation of the person's representation of his skills, health and experience with and knowledge of equines.
B. Subsection A does not apply to an equine owner or agent of the equine owner who is grossly negligent or commits wilful, wanton or intentional acts or omissions.
C. An owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine with or without the owner's permission is not liable for injury to or death of the equine or the rider or handler.
D. Subsection C does not apply to an owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine if either of the following applies:
1. The owner, lessor or agent knows or should know that a hazardous condition exists and the owner, lessor or agent fails to disclose the hazardous condition to a rider or handler of an equine.
2. The owner, lessor or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.
E. As used in this section:
1. "Equine" means a horse, pony, mule, donkey or ass.
2. "Release" means a document that a person signs before taking control of an equine from the owner or owner's agent and that acknowledges that the person is aware of the inherent risks associated with equine activities, is willing and able to accept full responsibility for his own safety and welfare and releases the equine owner or agent from liability unless the equine owner or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.
I have read this document and understand it. I further understand by that signing this release of liability, I voluntary surrender certain legal rights. Furthermore, I understand that signing this document electronically holds the same values as signing this document by my hand.
I have read this document and understand it. I further understand by that signing this release of liability, I voluntary surrender certain legal rights. Furthermore, I understand that signing this document electronically holds the same values as signing this document by my hand.
2311 Hulet Drive, Mohave Valley, Arizona 86440, United States
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