WAIVER AND RELEASE OF LIABILITY; INDEMNITY AND HOLD HARMLESS AGREEMENT FOR EQUINE AND ALL OTHER ACTIVITIES AT BRAZOS BLUFFS RANCH
CAREFULLY READ ALL OF THE FRONT AND BACK SIDES. CONSULT AN ATTORNEY IF YOU DESIRE.
I understand that all equine, water and other outdoor activities involve risks of personal injury or death. As a condition to my/our right to participate in activities at Brazos Bluffs Ranch, I hereby waive, disclaim and release, on behalf of myself and my minor children, the right to make any claim or file any lawsuit against BRAZOS BLUFFS STABLES LLC, P. O. Box 246, Elm Mott, Texas 76640, the owner(s) of all land, the guide(s), and all others affiliated with any of them and all of their successors (collectively, the “Providers”), and I hold harmless and indemnify all Providers from all liabilities, costs and losses for any and all injury and/or damage which may occur at Brazos Bluffs Ranch caused by any reason, including Providers’ negligence, except that I do not hold any Provider harmless for its intentional or reckless act or omission. I understand that Brazos Bluffs Stables LLC may have no liability insurance. I understand that my guide may be under 18 years old.
I saw the sign prominently posted on the red horse barn at BRAZOS BLUFFS RANCH stating:
WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE),
AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.
Providers made a reasonable and prudent effort to determine my/our ability to engage safely in the equine activity and to safely manage the equine, taking into account my/our representations of ability, and informed me/us of the unpredictability of an equine’s reaction to sound, a sudden movement, or an unfamiliar object, person, or other animal, and of the following dangerous latent conditions: the river; boats; high bluffs; edges of bluffs can slough off; poisonous snakes; other reptiles; disease-bearing insects; birds; other animals; barbed-wire fences; tree trunks; overhanging limbs; rocks of all sizes; falling or fallen limbs; vines; mud after rain and near the river and pond; uneven terrain, holes in the ground; other participants; distance from emergency transportation and medical facilities and other natural and man-made hazards.
I understand that horses can be excitable, difficult to control, and unpredictable and that accidents can happen to anyone at any time. I acknowledge that injuries have occurred in the past involving horses ridden at Brazos Bluffs Ranch. I understand that wearing a safety helmet is highly recommended and was provided for all riders.
For each horse that I and my minor children may ride: the saddle, stirrups, bridle and reins appear to be safe, in working order and properly tightened and the girth strap that holds the saddle on the back of the horse is tight and no more than two of my fingers on one hand can fit between the girth strap and the horse’s body. I will listen to and follow, and make sure that my children listen to and follow, all instructions given by my guide(s).
I give Providers permission to use any photographs or videos of me/us during the equine activity and to send emails to me.
I/WE PARTICIPATE AT MY/OUR OWN RISK AND TAKE FULL RESPONSIBILITY FOR MYSELF/OURSELVES.
I am solely responsible for all costs related to all personal injuries I or my children may incur participating in any activities at or related to Brazos Bluffs Ranch and for any damage to the animals and equipment. I will not violate any law on the Ranch.
I certify that the primary purpose of the activity I/we are participating in is (circle one): AMUSEMENT INSTRUCTION
I carefully read, understand and agree to everything on this page and agree to follow all Horseback Riding and Safety Instructions and Ranch Rules on the back of this page. I had the opportunity to consult an attorney.
Horseback Riding and Safety Instructions
A KICK FROM A HORSE OR A FALL FROM A HORSE CAN CAUSE DEATH OR SERIOUS INJURY.
Children under 18 years old must wear a helmet. We recommend that all riders wear a helmet.
You should wear riding boots or closed-toe shoes with smooth soles and you should not carry any bag while riding.
The stirrups should be adjusted so that when you stand up in the saddle, there’s about 3 inches between you and the saddle.
Keep your horse in line with the other horses on the trail.
To turn the horse left: To turn the horse right: To slow or stop a horse:
pull the rein on the left side of the horse’s neck to the left with your left hand.
pull the rein on the right side to the horse’s neck to the right with your right hand. pull both reins toward your own belly with either or both hands.
If you want to slow it slightly, pull gently. If the horse is running, pull hard.
When the horse stops, you must stop pulling the reins. If you keep pulling the reins, the horse will walk backwards or rear up. Be conscious of a horse’s unpredictability, large size and great strength. Be conscious of trees and limbs in the path.
Bluffs. The Ranch has numerous bluffs, some which are over 100 feet high. The edges slope downward and can slough off. There would be no possibility of survival if a person slipped over the edge in some areas. No Guest may walk within 10 feet of the edge of any bluff on the Ranch unless two adults are present.
Brazos River. The current in the River can be swift. The river bed is uneven; some holes in the river are deep. There are large rocks in the River, including some underwater that you can not see. DO NOT DIVE. Snakes may be present except in coldest weather. Guests may fish with proper licenses, swim, kayak or canoe in the River only if two people, at least one of whom is an adult, are present and each person in the kayak or canoe has a life vest. Children must wear a life jacket at all times in a boat.
Deck near the River. The balusters on the deck by the river are over 6“ apart and 44” tall. The top rail of the balustrade is 17’ above the ground. A child can slip between the balusters. If a child or adult fell from the deck, death or serious injury would be inevitable. No child is allowed on the deck without an adult present. No Guest is allowed to sit or stand on the balustrade.
The ranch has mosquitoes, ticks and other insects that may carry diseases. Bring and use an effective insect repellant.
Each child must be supervised by an adult everywhere on the Ranch. No electronic sound equipment is allowed on the ranch. Do not carry or consume alcohol, carry a firearm or smoke anywhere on the Ranch. Pets are not allowed on the Ranch. Do not drive any motor vehicle on the Ranch except on the rocked entrance and exit road. Use a flashlight at night.