10.Risk Acknowledgement and Assumption of Risk/Release
I acknowledge the risks and potential for risks of horseback riding and activities in and around a facility where horses are kept and farm machinery operated. However, I feel that the possible benefits to me/my son/my daughter/my ward are greater than the risk assumed. Intending legally to bind myself, my heirs, and assigns, executors or administrators, I hereby waive and release forever all claims for loss or damages of any kind against Weeping Willow Miniatures, LLC and Catherine Talbert for any and all injuries and losses that I/my son/my daughter/my ward may sustain while participating. This release includes without limitation the risk of negligent instruction and supervision. I engage in activities at 8340 Faranda Way, Knoxville, TN 37931 voluntarily with knowledge of the risks and I assume all risks of injury, death, and property damage that may result. I agree to bear any loss myself. I acknowledge that Weeping Willow Miniatures, LLC and Catherine Talbert are materially relying on this waiver and assumption of risk in allowing me/my son/my daughter/my ward to participate in activities at 8340 Faranda Way, Knoxville, TN 37931.
Weeping Willow Miniatures, LLC offers instructional programs designed to teach children and adults skills in basic horsemanship practices and canine training. All of the programs offered through the farm involve riding or other interaction with horses and/or dogs, other students/clients, and instructional staff. By its very nature, participation in the programs involves risk of injury and even death. The safety and well-being of all participants is of the utmost concern and the instructional staff is experienced and skilled at handling horses, dogs, and students. With that said, horses and dogs can be unpredictable and we therefore require the execution of this Accident Waiver and Release of Liability in order for you and/or your child to participate in any of the lessons, camps, or programs offered through Weeping Willow Miniatures, LLC.
The undersigned participant or parent/guardian hereby expressly states that he/she has consented to participation in the programs offered by Weeping Willow Miniatures, LLC, and releases its owners, directors, employees, and volunteers from any and all liability, including but not limited to injury or death of the person participating in the program.
The student, or parent/guardian if the student is under 18 years of age, individually warrants and promises not to sue the released parties for any damages incurred through or related to participation in the programs. In the event such parties are sued, the student and parent/guardian agree to indemnify and hold harmless the released parties from all claims and damages including legal costs and attorney’s fees to such lawsuits.
Warning-Under Tennessee law, an equine professional is not liable for an injury to or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to the Tennessee Code Annotate, title 44, chapter 20.