TX Clinic Waiver

1. I understand that although I am signing this document today, I intend for this document to be valid and binding now and at all times in the future when I engage in any or all of The Activities at any location.

2. Consideration/Binding Effect. I am signing this Waiver, Release of Liability, and Assumption of Risk Agreement in consideration for being allowed to engage in any or all of The Activities. This document is intended to be valid and binding at all times, now and in the future, when Stable permits me (directly or indirectly) to engage in any or all of The Activities at any time and at any location.

3. Assumption and Acceptance of Risks. I understand that anyone riding, driving, handling, working with, or even near an equine at any location can suffer bodily and other injuries. Among other things, equines are unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of an equine are to jump forward or sideways, back up quickly, or run away from real or perceived danger by trotting or galloping. Equines also have the ability to kick, buck, rear up, spin around, strike, or bite. I know that equines can do these and other things without warning. I also understand that all equines, even if they have no history of hurting anyone, are powerful and have the potential to be dangerous to people, equines, and other animals. I also understand that riding, driving, handling, working with, or even being near an equine can expose me to numerous dangers or conditions which are an integral part of equine or livestock activities, including, but not limited to: (i) The propensity of an equine or livestock to behave in ways that may result in injury, harm or death to persons on or around them;; (ii) The unpredictability of an equine's or livestock's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals;; (iii) Certain hazards such as surface and subsurface conditions;; (iv) Collisions with other equines or livestock or objects;; (v) 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 animal or not acting within his or her ability.

I understand these risks and dangers that are inherent in equine-­related activities, and I agree to assume all of them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned in this document. I am NOT relying on Stable to list all possible risks in this document or any time, now or in the future.

To the greatest extent allowed under Texas law, I (on behalf of myself and my spouse, parents, heirs, representatives, assigns, minor child/ren or legal wards) agree to each of the following: (a) I agree to assume full responsibility for any and all bodily injuries or damages that I may sustain at any time when engaging in The Activities;; (b) Stable and his/her/its/their respective officers, directors, members, managers, employees, agents, heirs, family members, assigns, representatives, affiliated persons, and others acting on their behalf (hereafter referred to collectively as “The Released Parties”) shall not be liable for any losses, injuries, or damages that I (which includes the signer and signer’s minor child/children or legal wards) may sustain as a result of engaging in any of The Activities at any time or at any location;; (c) I/we fully and forever release, waive, and discharge all claims, demands, damages, legal actions, causes of action, or rights of action (whether they occur now or in the future, and whether they are known or unknown, anticipated or unanticipated), against The Released Parties, whether caused by their negligence or other legal liability resulting from or arising out of my/our engaging in The Activities at any time and at any location. The term "damages" means, for example, medical expenses any and all claims or losses because of bodily injuries, mental/emotional injuries, or property damages, death, expenses, and/or personal property damages;; and (d) I agree to release The Released Parties from liability in the event of any injury or damage of any nature (or perhaps even death) to me or to anyone else that may occur while I am engaging in any or all of The Activities at any location. (However, it is understood that I am not releasing any of The Released Parties from liability for injuries directly caused by their gross negligence or willful and wanton misconduct.) This document is intended to apply and be binding regardless of whether I/we am/are riding, driving, handling, or near equines.
WARNING
Under Texas law, an equine or livestock activity sponsor or an equine or livestock professional is not liable for an injury to or the death of a participant in equine activities or livestock shows resulting from the inherent risks of equine activities or livestock shows, pursuant to this chapter.

To the fullest extent permitted by law, I also agree to indemnify and hold harmless The Released Parties against any and all claims, demands, actions, liabilities, losses, or suits that are brought against The Released Parties (or either of them) which are in any way connected with my/our participation in any of the Activities at any time and at any location, including claims that allege acts or omissions of The Released Parties that are negligent or in violation of a state Equine Activity Liability Act. This indemnification shall also include reimbursement of reasonable attorney fees incurred by Stable or by others on its behalf.

I understand that I should purchase and wear properly fitted and secured ASTM-­standard/SEI-­certified protective headgear that is designed for use when riding, driving, or near equines. I am NOT relying on Stable to provide a helmet for me, to check any helmet or strap that I may wear, or to monitor my compliance with this suggestion at any time. If I choose to wear a helmet, if I choose not to wear a helmet, and the type of helmet I may wear are my decisions.

Texas law applies to this document, and I agree that this document shall be enforced to the greatest extent permitted by law. If any clause conflicts with applicable law, only that clause will be null and void but the remainder shall stay in full force and effect. This document can only be modified in writing and signed by me and Michael Gascon, Gascon Horsemanship, Equine Estates, LLC or any of their affiliates (on behalf of Stable). I agree to pay any attorney fees and costs for The Released Parties (or either of them) to enforce this Agreement, and I agree to indemnify and hold harmless The Released Parties for such fees and costs.