1. I fully understand that engaging in the sport of skijoring is a dangerous and unpredictable activity, which could result in personal injury and/or death.
2. I verify that I am physically able to participate in this event. I agree that all the decisions I make and the actions I take are my own. I further agree that I will pay for any and all medical expenses, which may occur as a result of injury to myself by participating in this event.
3. I understand that horseback riding, racing and skiing and/or snowboarding behind a horse will expose me to above normal health risks. I agree to assume and accept the dangers that occur in the activity of horseback riding, skiing, snowboarding, racing and/or skiing and/or snowboarding behind a horse.
4. I waive and release for myself, my heirs, executors, and administrators all rights or claims for damage which I may have now or in the future against Chapman Springs Ranch LLC, Sponsors, Land Owners, Race Directors, Volunteers, Spectators, Municipalities, States, any and all City, County and State Agency’s, Partners, Employees, and Servants from all claims for personal injuries, including death, and damages to property, real or personal, caused by or arising out of my involvement in this event.
5. I fully understand I am responsible for the health and safety of the horse. I waive and release all rights or claims in case of injury and/or death of the horse. I also understand I am fully responsible for any expenses incurred if the horse is injured or for any actions, the horse may take causing injury or damage to humans, livestock or property.
6. I irrevocably grant to Chapman Springs Ranch LLC, race organizers, and media representatives the right to use my name, image, likeness, voice and biography for any purpose, including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Events, and any entertainment programming related thereto, in whole or in part, in all media and by all means now known or hereafter devised and in all languages, throughout the universe in perpetuity.
7. Good sportsmanship is required at the Chapman Springs Skijoring event. Chapman Springs Skijoring officials may disqualify any person or team they deem is acting in an unsportsmanlike manner at any time including, but not limited to registration, awards ceremonies, etc. If you are disqualified you will surrender your entry fees as well as forfeiting event winnings.
8. By signing below participants (Rider and Skier) have read and understand the release that accompanies this form and hereby releases Chapman Springs Ranch LLC and any other insured from any and all claims or liability which may arise from their participation in the competition. I have read and agree to all of the Chapman Skijoring Rules and Regulations.
I have voluntarily elected to participate in one or more activities that involve Horses, Horseback riding, Horse shoeing, ATV, devastatedUTV, ATV/UTV operation, Skijoring, Fences, exposure to Wild animals, Hiking, Biking, Walking, Snowmobiling, exposure to Dogs, General ranch activities, Horseback riding, exposure to natural hazards (i.e., fallen/falling trees, holes, etc.) and artificial hazards (i.e., lose fencing, wires, etc.), Playground activities, exposure to General Ranch Equipment, Swimming, Fishing, On property driving, climbing Stairs in all and on all buildings, Forest activities, work outs (either private or in a group), use of real property, use of facilities, and various other activities (collectively, “Activities”) available at or organized by CHAPMAN SPRINGS GUEST RANCH LLC (mailing address of 301 Cedar Street, Sandpoint, Idaho, 83864; physical address of 631 River Road, Clark Fork Idaho, 83811). I agree and understand that such Activities include all activities that occur on or in the facilities and real property of CHAPMAN SPRINGS GUEST RANCH LLC or made available to me by the same.
In consideration of being allowed to participate in the Activities, I, for myself and (if applicable) any minor children or my family members, represent, acknowledge and agree to the following terms and conditions:
1. RELEASE. I HEREBY RELEASE AND DISCHARGE CHAPMAN SPRINGS GUEST RANCH LLC, ITS AGENTS, EMPLOYEES, OPERATIVES, REPRESENTATIVES, SUCCESSORS, ASSIGNS AND INSURERS (COLLECTIVELY “RELEASEES”), FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO MY PARTICIPATION IN THE ACTIVITIES OR MY USE OF THE FACILITIES, PROPERTY OR SERVICES OF RELEASEES. I UNCONDITIONALLY RELEASE, WAIVE, RELINQUISH, DISCHARGE FROM LIABILITY AND COVENANT NOT TO SUE THE RELEASEES FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, ACTIONS, SUITS, CAUSES OF ACTIONS, OBLIGATIONS, DEBTS, COSTS, LOSSES, CHARGES, EXPENSES, ATTORNEYS’ FEES, DAMAGES, JUDGMENTS AND LIABILITIES, OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR HIDDEN, RELATED TO OR ARISING DIRECTLY OR INDIRECTLY FROM MY PARTICIPATION OF THE ACTIVITIES OR ACCESS TO AND/OR USE OF THE FACILITIES, PROPERTY, OR SERVICES PROVIDED BY RELEASEES. THIS RELEASE APPLIES TO ALL ACTIVITIES. THIS RELEASE APPLIES TO THE CONDITION, MAINTENANCE, INSPECTION, SUPERVISION, CONTROL OR SECURITY OF SAID FACILITIES AND PROPERTY, THE FAILURE TO WARN OF DANGEROUS CONDITIONS IN CONNECTION WITH THE ACTIVITIES OR SAID FACILITIES AND PROPERTY, AND/OR THE ACTS OR OMISSIONS OF RELEASEES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR NEGLIGENCE, FAILURE TO WARN OR OTHER OMISSION, PROPERTY DAMAGE, PERSONAL INJURY, EMOTIONAL INJURY, ILLNESS (INCLUDING BUT NOT LIMITED TO COVID-19), BODILY HARM, PARALYSIS OR DEATH. I UNDERSTAND THAT THIS RELEASE AND WAIVER APPLIES NOT ONLY TO USE OF THE ACTIVITIES SPECIFIED HEREIN BUT ALSO ALL ACTIVITIES I ENGAGE IN ON THE FACILITIES AND PROPERTY MADE AVAILABLE TO ME BY RELEASEES.
2. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted or written rules and warnings, and further agree to follow any written or oral instructions or directions given by CHAPMAN SPRINGS GUEST RANCH LLC, or the employees, representatives or agents of CHAPMAN SPRINGS GUEST RANCH LLC.
3. ASSUMPTION OF THE RISKS. I hereby acknowledge and agree that there are certain inherent risks with the Activities and that engaging in the Activities is inherently and obviously dangerous. The risks to which I voluntarily expose myself as a result of engaging in the activities include, but are not limited to, the following:
(a) Death, paralysis, partially or fully, or disfigurement;
(b) Open wounds, bumps, bruises, the transmission of disease strains and allergic reactions through the use of the property/facilities or contact with animals, insects or other visitors or surfaces they have contacted (including COVID 19 and other communicable viruses and diseases);
(c) Sprains, pulls, breaks or otherwise serious external or internal injuries to my head, face, neck, torso, spine, arms, wrists, hands, legs, ankles, feet or any other body parts as a result of participating in the Activities (such as, for example, by falling off a horse, ATV or other equipment, or by making contact with other participants in the Activities); and/or (d) Heat stroke, heart attack, dehydration or other exertion related medical events.
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I possess, whether known or unknown, which might contribute to or exacerbate an injury I might sustain as the result of participating in the Activities.
I acknowledge and agree that if medical assistance of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy, is required or performed as a result of any injury I sustain while participating in the Activities, such assistance shall be at my own expense.
4. PARTICIPANT’S REPRESENTATIONS REGARDING ACTIVITIES. I acknowledge, agree, and represent: (a) that the risks associated with the Activities simply cannot be eliminated without jeopardizing the essential qualities of participating in the Activities; (b) that my participation in the Activities is for recreational purposes; (c) that my participation in the Activities is completely voluntary; (d) that I am physically capable of participating in the Activities and will not participate in any of the Activities that I am not physically capable to perform; (e) that I will abide by all terms and conditions of this Agreement while participating in the Activities; (f) that I will not participate in any of the Activities for which I lack the skill or expertise to perform; and (e) that I will not consume or be under the influence of any alcohol or drugs at any time while participating in the Activities.
5. NO DUTY TO SUPERVISE. I acknowledge and agree that I am aware that the RELEASEES have no duty to supervise my or any other person’s participation in the Activities, and that RELEASEESS assume no responsibility for the acts or omissions of any persons who participate in the Activities.
6. IDAHO RECREATIONAL USE STATUTE. I represent, acknowledge, and agree that some of the Activities (including horseback riding and ATV/UTV use) occur on property owned by persons or entities who do not charge a fee for the use of such property and as such, are protected from liability to the fullest extent provided in and by Idaho’s Recreational Use Statute, Idaho Code Section 36-1601, et seq.
7. ACTIVITIES THAT CONCERN HORSES AND ATV/UTVS. I acknowledge and agree that there is a higher risk of injury and/death related to the Activities that concern horses and ATV/UTVs. I acknowledge and agree that CHAPMAN SPRINGS GUEST RANCH LLC keeps a pamphlet in its main office that explains the risks associated with horses and ATV/UTVs and that I have the opportunity to obtain and review a copy of said pamphlet before participating in any horse or ATV/UTV-related Activities.
8. INDEMNIFICATION. In the event that any claim released herein is brought by a third party, I acknowledge and agree to immediately defend, indemnify and hold harmless RELEASEES from any loss or liability, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s participation in the Activities.
9. FEES. I agree to pay for all damages to the property and facilities of CHAPMAN SPRINGS GUEST RANCH LLC caused by any negligent, reckless, or willful actions by me or my family.
10. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that CHAPMAN SPRINGS GUEST RANCH LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
11. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
12. SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
13. APPLICABLE LAW. This agreement shall be governed by and interpreted in accordance with the laws of the State of Idaho, without regard to its choice of law principles.
14. VENUE. The exclusive venue for all disputes between the parties under this Agreement shall be with the state or federal courts having jurisdiction over or located within Bonner County, State of Idaho. I hereby agree and consent to being subject to the personal jurisdiction of the state or federal courts located in Bonner County, State of Idaho.
15. RESPONSIBILITY FOR MINOR CHILDREN AND FAMILY MEMBERS. I understand and agree that the terms and conditions of this Agreement shall apply to any minor child or family member accompanying me onto the property or facilities of CHAPMAN SPRINGS GUEST RANCH LLC or accompanying me in the participating of any of the Activities.
16. COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION
I agree that I am personally responsible for my safety and actions while using the Chapman Springs Guest Ranch LLC ( CSR ). I agree to comply with all CSR policies and rules, including but not limited to all CSR policies, guidelines, signage, and instructions. Because the CSR is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Chapman Springs Guest Ranch LLC and it’s vendor partners, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using the CSR, or otherwise, while participating in any activity while in, on, or around the CSR and/or while using any CSR facilities, tools, equipment, or materials.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the CSR facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the CSR to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Idaho law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until a cure for COVID-19 is found.
I HAVE READ THIS GENERAL RELEASE & WAIVER OF LIABILITY AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, AND HAVE BEEN GIVEN AN OPPORTUNITY TO ASK ANY QUESTIONS OR TO REQUEST ANY CLARIFICATIONS, AND HAVE HAD MY QUESTIONS ANSWERED.