Disclaimer of  Liability and Endorsment

 

SUNSET RIDES AND TOURS


FULL AND GENERAL RELEASE OF LIABILITY – HORSEBACK AND PONY RIDES, AND CARRIAGES TOURS


             SUNSET RIDES AND TOURS, a Turks & Caicos Islands company operates a livery (horseback riding) business in Grand Turk. Although Sunset Rides and Tours has taken responsible steps to provide you with appropriate equipment and skilled guides so you can enjoy an activity for which you may or may not be skilled, we wish to remind you that this  activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of this activity. The same elements that contribute to this unique character of the activity can be causes of loss or damage to your equipment, or accidental injuries. We believe it is important for you to know in advance what to expect and be informed of the inherent risks. The following describes some, but not all of those risks.
            
Horseback riding is classified as a RUGGEDD ADVENTURE RECREATIONAL SPORT ACTIVITY and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. Horses are on average 2 – 10 times larger, 10 – 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from a horse to the ground, it will generally be a distance from 3 ½ to 5 ½ feet, and the impact may result in injury to the rider. If a horse is frightened or provoked, it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short; changing directions or speed at will; shifting its weight; bucking, rearing, kicking, biting, or running from danger.
            
Elements along the beaches and trails we use can scare a horse, causing it to fall or react in some potentially hazardous way. Some examples are:  bicyclists, vehicles, thunder, lightening, rain, wind, water, wild and domestic animals, insects,  and irregular footing on out-of-door groomed or wild terrain  which is subject to constant change in condition according to weather, temperature, and natural and man-made landscape. Wearing a helmet while riding and being cautious and aware of your surroundings at all times are some basic precautions and certain risks of injury cannot be avoided if they are not followed.
           
The undersigned desires to horseback ride.
            
The undersigned understands the potential dangers that he or she could incur in mounting or dismounting a horse and in riding a horse. Understanding those risks, the undersigned hereby fully and forever discharges and release SUNSET RIDES AND TOURS, its officers, directors, shareholders, employees, agents and volunteers, from all liability, claims, demands and causes of action, if any, in the event of injury and damage to the undersigned or the property of the undersigned. This release shall be in affect whether such liability, claim, demand, or cause of action is based negligence, gross negligence, recklessness, willful and wanton conduct, breach of contract (expressed or implied) or upon any other legal theory of any nature whatsoever; and shall be effective regardless of the riding ability of the undersigned.
           
This release shall be binding upon the undersigned, together with his or her heirs, devisees, beneficiaries, personal representatives and agents.
If the undersigned is signing this release for a person who is under the age of eighteen years (18), he or she is doing so as a representative of said minor, and will have to designate the representative capacity by circling one of the choices on the signature line; and by so doing verifies and acknowledges that he or she has the authority.
           
The undersigned, for himself, herself, or in the representative capacity for a person under the age of eighteen years (18), hereby agrees to indemnify and hold harmless SUNSET RIDES AND TOURS, its officers, directors, shareholders, employees, agents and volunteers, from all liability, claims, demands and cause of action in the event of injury (including death) including costs and reasonable attorney fees, to the undersigned and his or her property, or to the minor, and his or her property from whom the undersigned is signing this release.
          
The undersigned acknowledges that he or she has read this full release; that he or she understands the same and it is not ambiguous; and that he or she voluntarily, knowingly and intentionally has signed this full release.



 

ALL RIDERS WILL BE REQUIRED TO SIGN THIS FORM PRIOR TO RIDING.