Terms of service
SMITH ROAD EQUESTRIAN LLC
OWNER/RIDER TERMS & CONDITIONS
RELEASE OF LIABILITY, ASSUMPTION OF RISK & WAIVER
AS OF TODAY’S DATE
These Owner/Rider Terms & Conditions (“Agreement”) are entered into between Smith Road Equestrian LLC (“Manager”) and the individual completing and accepting this Agreement (“Rider”).
By checking the box indicating acceptance of these Terms & Conditions, completing the electronic signature process, scheduling or participating in any equine activity, or using Manager’s property, facilities, horses, equipment, or services, Rider acknowledges that Rider has read, understands, and agrees to be legally bound by the following terms.
1. INHERENT RISKS OF EQUINE ACTIVITIES
Rider understands and acknowledges that participation in equine activities involves inherent risks that cannot be completely eliminated.
These risks include, but are not limited to:
- Horses may run, buck, bite, kick, rear, shy, stumble, fall, or step on a person.
- Horses may react unpredictably to sounds, sudden movements, unfamiliar objects, people, or other animals.
- Horses are animals and their behavior may be unpredictable and influenced by instinct, temperament, training, surroundings, and the actions or abilities of the Rider.
- Rider may fall from, be thrown from, or otherwise lose control of a horse.
- Injuries may result from contact with horses, other animals, equipment, fences, buildings, vehicles, or other objects.
- Risks may arise from surface or subsurface conditions, including uneven, slippery, muddy, wet, rocky, or otherwise hazardous terrain.
- Horses or Riders may collide with other horses, people, objects, or animals.
- Emergency medical care may not be immediately available.
- Rider or another participant may act negligently or beyond their ability, which may contribute to injury or damage.
Rider understands and accepts these inherent risks and voluntarily assumes all risks associated with participating in equine activities or being present on Manager’s property.
2. ASSUMPTION OF RISK
Rider acknowledges that horses are inherently unpredictable animals and that their behavior cannot always be anticipated or controlled.
Rider represents that Rider has truthfully disclosed to Manager all relevant information concerning Rider’s experience, training, riding ability, and limitations.
Rider agrees to participate only in activities that are appropriate for Rider’s abilities and experience and agrees to follow all instructions, rules, and safety requirements established by Manager.
Rider understands that Manager may restrict, suspend, or terminate Rider’s participation in any activity if Manager determines that Rider, a horse, or another person may be placed at unreasonable risk.
3. RELEASE OF LIABILITY
To the fullest extent permitted by Washington law, Rider hereby releases and agrees not to hold liable Smith Road Equestrian LLC, together with its owners, managers, employees, agents, representatives, instructors, contractors, volunteers, and affiliates (collectively, “Released Parties”), for claims arising from Rider’s participation in equine activities or Rider’s use of or presence upon Manager’s property and facilities.
This release includes claims for personal injury, illness, death, or property damage arising from the inherent risks of equine activities.
To the extent permitted by applicable law, Rider also expressly releases the Released Parties from claims arising from their negligence.
Nothing in this Agreement is intended to waive or release any liability that cannot legally be waived or released under Washington law.
4. WASHINGTON EQUINE ACTIVITY WARNING
WARNING
Under Washington Law, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant engaged in an equine activity.
Rider acknowledges that Rider has read and understands this warning.
5. INDEMNIFICATION
To the fullest extent permitted by law, Rider agrees to indemnify, defend, and hold harmless Manager and the Released Parties from and against claims, demands, causes of action, damages, judgments, orders, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to:
- Rider’s participation in equine activities;
- Rider’s use of or presence upon Manager’s property or facilities;
- Rider’s horse or other animal brought onto the property; or
- Rider’s acts or omissions that cause injury, damage, or loss to another person or property.
6. HORSES BROUGHT ONTO THE PROPERTY
If Rider brings or uses a horse that is owned by Rider or by someone other than Manager, Rider represents and warrants that the horse is free from infectious, contagious, or transmissible diseases.
Manager reserves the right to refuse access to or use of its property by any horse that Manager reasonably believes:
- Is not in good health;
- Has an infectious, contagious, or transmissible disease;
- Presents a safety risk;
- Is dangerous or uncontrollable; or
- Is otherwise unsuitable for the property or activities.
Rider is responsible for any horse brought onto Manager’s property and agrees to comply with Manager’s requirements concerning vaccination, health records, quarantine, veterinary care, or other health and safety measures.
7. RULES AND SAFETY REQUIREMENTS
Rider agrees to comply with all rules, policies, procedures, instructions, and safety requirements established by Manager.
Manager may modify or update its rules and safety requirements from time to time.
Rider understands that failure to follow Manager’s rules or instructions may result in removal from the property or termination of Rider’s participation in activities.
8. LIMITATION ON CLAIMS
To the extent permitted by applicable law, any legal action or claim arising under or relating to this Agreement or Rider’s participation in activities at Manager’s property must be commenced within one (1) year after the incident or accident giving rise to the claim.
To the extent permitted by applicable law, Rider agrees that damages shall be limited to:
- $250 for property damage;
- Actual expenses incurred; and
- A maximum of $10,000 for damages such as pain and suffering.
Nothing in this section is intended to limit any right or remedy that cannot legally be limited under applicable Washington law.
9. WAIVER OF UNKNOWN CLAIMS
To the fullest extent permitted by applicable law, Rider expressly waives the protection of any applicable statute or law whose purpose, substance, or effect is to provide that a general release does not extend to claims that the person giving the release does not know or suspect to exist at the time the release is executed.
Rider understands that this means the release may apply to claims or circumstances that Rider does not currently know or suspect to exist, to the extent permitted by law.
10. ELECTRONIC ACCEPTANCE
Rider agrees that electronically accepting these Terms & Conditions has the same force and effect as Rider's handwritten signature.
By selecting “I Agree”, checking the applicable acknowledgment box, signing electronically, or otherwise accepting this Agreement, Rider confirms that:
☐ I have read and understand the Owner/Rider Terms & Conditions and Release of Liability.
☐ I understand that participation in equine activities involves inherent risks, including the risk of serious injury or death.
☐ I voluntarily assume the risks associated with equine activities and agree to the terms of this Agreement.
☐ I have had the opportunity to ask questions about this Agreement and understand that I am agreeing to its terms.
☐ I certify that the information I have provided regarding my riding experience and abilities is accurate and complete.
11. AGREEMENT TO TERMS
By clicking “I Agree & Accept”, Rider confirms that Rider has read, understood, and voluntarily agrees to be bound by these Terms & Conditions, including the assumption of risk, release of liability, indemnification provisions, limitations on claims and damages, and waiver of unknown claims.
Smith Road Equestrian LLC
Owner/Manager