Liability Waiver-Equine Activity
1.Definition.
A. "Equine Activity" includes but is not necessarily limited to the following: riding, training, assisting in medical treatment
of, driving, or being a passenger upon any horse, pony, mule, donkey, or hinny, whether mounted or un-mounted, or assisting
any other person while that person is participating in any of the foregoing activities; equine training activities, teaching
activities, or both; riding, inspecting, or evaluating an equine belonging to another; placing or replacing horseshoes on
an equine; and any other activity as may be set forth in Section 10 of the Illinois Equine Activity Liability Act, 745ILCS
47/10, as it may be from time to time amended by the Legislature. The scope of the definition shall be interpreted liberally
and as broadly as possible in order to achieve the purposes of this waiver which is to grant peace of mind to the property
owner and to protect him from liability from injury arising from equine activities in consideration of his allowing the participants
to engage in equine activities upon his property.
B. "Property owner" means Arabian Woods "Donna & Jim Woods"
C. "Participant or participants" means the undersigned and any other person involved in any equine activities upon the
property owner’s land.
11. Waiver of Liability-Assumption of Risk.
In consideration of property’s owner’s permission to the undersigned to allow the undersigned to participate
in equine activities upon property owner’s land, the undersigned hereby acknowledges that equine activity is a dangerous
recreational activity which can lead to serious injury, or even death, The undersigned further declares and agrees to personally
assume any and all of the liability and risks to person or property arising from participation in any equine activity. The
risks of participation in any equine activity include, but is not necessarily limited to, those dangers of conditions that
are an integral part of equine activities, including by way of example only:
A. The propensity of an equine to behave in dangerous ways that may result in injury to the participant and in ways that
may result in injury, harm, or death to persons on or around equines;
B. The inability to predict an equine’s reaction to sound, movements, objects, persons, or animals;
C. The hazards of surface of subsurface conditions, including surface and subsurface conditions which may or may not be
perceptible by participants;
D. Collisions with other equines or objects;
E. The potential of any 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;
F. Any other risk that may be specified in Section 10 of the Illinois Equine Activity Liability Act 745 ILCS 47/10.
The scope of risk assumed by the undersigned shall be interpreted liberally and as broadly as possible in order to achieve
the purposes of this waiver which is to grant peace of mind to the property owner and to protect him from liability from injury
arising from equine activities in consideration of his allowing the participants to engage in equine activities upon his property.
Further, the undersigned hereby agrees to hold harmless the property owner , his of her heirs, executors, administrators,
successors and assigns, from any responsibility or liability for any and all personal injuries or death which may occur while
participating in equine activities upon the property owner’s property.
111. Protections Afforded by the Recreational Use of Land and Water Areas Act.
In addition to the foregoing protections afforded to property owner, the undersigned stipulates and agrees that any equine
activities in which the undersigned participates upon the property owner’s property will be for a "recreational or conservation
purpose" as that phrase is defined in Section 2 of the Recreational Use of Land and Water Areas Act 745 ILSC 65/2, as it may
be amended from time to time by the Illinois legislature. Specifically, the undersigned wishes to engage in equine activities
upon the property owner’s property for purposes of exercise, education, relaxation, or pleasure. And in so acknowledging
that equine activities in which the undersigned participates upon the property owner’s property are for "recreational
or conservation" participates upon the property owner is protected by the provisions of the Recreational Use of Land and Water
Areas Act, 745 ILCS 65/1 et seq., as it may be amended from time to time by the legislature, which specifically sets forth
that an owner of land owes no duty of care to keep the premises safe for entry or use by any person for recreational or conservation
purposes, or to give any warning of a natural or artificial dangerous condition, use, structure , or activity on such promises
to persons entering for such purposes, in directly or indirectly inviting of permitting the undersigned to use property owner’s
property for recreational or conservation purposes does not thereby:(a) extend any assurance that the premises are safe for
any purpose; (b) confer upon such person legal status of invitee or license to whom a duty of care is owed: (c) assume responsibility
for or incur liability for any injury to person or property for any injury to person or property caused by any act of omission
of such person or any other person who enters upon the land; (d) assume responsibility for or incur liability for any injury
to property caused by any natural or artificial condition, structure or personal property on the premises.
1V. Illinois Law to Govern; Severability and Duration
The terms of this instrument shall be governed by Illinois Law. If any portion of this instrument is deemed to be invalid,
the remaining portions shall remain in full force and effect.
This instrument shall be valid until revoked in writing by the undersigned.
I have read and understood the foregoing, and I wish to be bound thereby.
Name:
Date
©2002 Law Office of
Daniiel J. Depke~237 N. Sixth Street~Quincy~IIllinois
