Texas Equine Liability Waiver & Rules
BY SIGNING THIS AGREEMENT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOUR RIDING OR USE OF THE OWNER’S HORSE(S) AND/OR PARTICIPATION IN EQUINE ACTIVITIES AT FALCON & WAGEN, INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE INCLUDING ANY CLAIMS OF ANY NATURE OR KIND ARISING OUT OF THE NEGLIGENCE OF FALCON & WAGEN, AND ANY OF THEIR RESPECTIVE EMPLOYEES, VOLUNTEERS OR REPRESENTATIVES.
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
By signing this form, I hereby acknowledge on behalf of myself that I have familiarized myself with the activities that I will be allowed to participate in, and that I do hereby acknowledge and agree that I am fully capable of participating in these activities without restriction or limitation.
I recognize the inherent risks of engaging in domestic animal activities include, but shall not be limited to:
1 - The propensity of a farm animal or livestock animal to behave in ways that may result in personal injury or death to a person on or around it; e.g. running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, or other that may result in an injury, harm or death to persons on or around them.
2 - The unpredictability of a domestic animal’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals
3 - Certain hazards such as surface and subsurface conditions.
4 - Collisions with another animal or object.
5 - 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 domestic animal or not acting within such participant’s ability.
6 - Scratches or other injury from stalls or enclosures, grooming tools and other equine equipment and tack.
7 - Allergic reactions to animals, hay, or other allergens.
8 - Slipping, falling, or otherwise being injured in the barn, in stalls, or on the grounds, which can be slippery, muddy, wet, or contain or present other hazards.
Nothing in this instrument shall be deemed to limit or restrict in any way the limitation of liability granted to the Releasees pursuant to Texas Civil Practice & Remedies Code §§ 87.001 through 87-005, or otherwise under the law.
I hereby specifically forever waive, release and discharge the Releasees from any liability for injury or death arising out of my participation in any activities associated with the Falcon & Wagen Farms facilities, including without limitation those arising from the inherent risks from riding, working or participating in a stable or arena environment and/or with horses or other domestic animal activities, as well as from any and all claims or causes of action for injury or death arising from the negligence of any Releasee or arising under any statute or at law, including strict liability.
By signing this agreement, I hereby acknowledge that although there may at times be supervision during my time spent at Falcon & Wagen Farms facilities, I am responsible for my own activities and there will not be a nurse on the premises and Releasees bear no responsibility for my health or medical care.
I agree to indemnify, save and hold harmless Releasees from and against any loss, liability, damage, attorneys’ fees, or costs that they may incur arising out of or in any way connected with either my presence or participation at Falcon & Wagen Farms facilities or any acts or omissions of Releasees, including without limitation, all attorney fees and expenses incurred by Releasees in the event any action is brought against Releasees arising out of or in any way connected with either my presence or participation in any activities at Falcon & Wagen Farms facilities.
I further agree that this Agreement is a complete bar to any legal action against Releasees by or on behalf of myself or my heirs or representatives arising out of any of the matters or activities mentioned herein, and in the event any such action is instituted by me or on my behalf, this instrument may be used as a complete bar to recovery in such action.
The releases, waivers, indemnities, agreements and other provisions of this instrument apply to any and all access and use of the Premises on or after the date of execution of this document and shall not be limited to one event or a specific period of time.
I agree that if any portion of this document is held invalid, the balance shall continue in full force and effect.
If I am present at and participate in the activities of Falcon & Wagen, I do so at my own risk, and I hereby acknowledge and agree that Releasees shall bear no responsibility or risk associated with injuries that could arise from my presence or participation at Falcon & Wagen Farms facilities.
By signing this Agreement, I hereby acknowledge my complete understanding, agreement, and consent to my presence and/or participation in the activities at Falcon & Wagen Farms without restriction, and without liability to Releasees, and with full knowledge and understanding of the disclosures, waivers, and releases herein.
Supervision Policy for Children Under 18
For the safety and well-being of all children, it is mandatory that children under the age of 18 are supervised by an adult at all times. Falcon & Wagon is not responsible for supervising children. This policy ensures that children are protected and can enjoy their time at the barn in a secure environment.
Policy Details:
Supervision Requirement:
Age Group: All children under 18 years old.
Supervisor: A responsible adult (18 years or older) must be present and actively supervising.
Responsibilities of the Supervising Adult:
Ensure the child is safe from potential hazards, particularly around horses and barn equipment.
Be aware of the child's location and activities at all times.
Intervene in case of emergencies or unsafe situations.
Provide guidance and support as needed.
Barn Staff Limitations:
Non-Responsibility: Barn staff are focused on the care and maintenance of the horses and facilities. They are not responsible for supervising children.
No Exceptions: This policy applies at all times, including during lessons, events, or any other activities at the barn.
Applicability:
This policy applies to all areas of the barn, including:
Stables and stalls
Riding arenas and trails
Tack rooms and common areas
Any other on-site facilities
Consequences of Non-Compliance:
Failure to comply with this supervision policy may result in:
Removal of the child from the barn premises.
Notification of parents or guardians.
Potential suspension of barn privileges.
Emergency Procedures:
In the event of an emergency, the supervising adult must:
Immediately secure the safety of the child.
Contact emergency services (e.g., 911) if necessary.
Notify the barn staff and the child's parents or guardians as soon as possible.
Rationale:
Safety: Ensures children are protected from potential dangers in the barn environment and can receive immediate assistance if needed.
Responsibility: Encourages responsible behavior and vigilance from parents and guardians.
Well-being: Promotes a safe and supportive environment for children to explore and learn about horses and barn activities.
Barn Rules and Safety Guidelines
To ensure the safety and well-being of both the animals and visitors, we ask that all individuals adhere to the following barn rules:
Feeding and Grooming Restrictions:
Do Not Feed Animals Without Permission:
Safety First: Animals have specific dietary needs and feeding them without staff permission can lead to health issues or behavioral problems.
Staff Supervision Required: Always check with barn staff before offering any food to the animals.
Do Not Brush Animals Without Permission:
Proper Technique: Grooming requires knowledge of proper techniques and tools to avoid injury to the animal.
Animal Comfort: Not all animals are comfortable with being brushed by unfamiliar people.
Respect Animal Space:
Approach animals calmly and quietly. Avoid sudden movements or loud noises that may startle them.
Wear Appropriate Attire:
Always wear appropriate footwear (closed-toe shoes) and clothing suitable for barn activities.
Clean Up After Yourself:
Dispose of trash in designated bins and keep the barn tidy. If you use any tools or equipment, return them to their proper place.
Contact Information:
For any questions or further clarification regarding this supervision policy, please contact:
Barn Manager: Jasmin Sky
Phone: 718-844-7211
Email: jazmin.sky.bk@gmail.com
Thank you for your cooperation in maintaining a safe environment for our children at the barn.