Private Riding Lesson Waiver

Silver Sage Equestrian Release of Liability and Hold Harmless Agreement

1. RECITAL. I the undersigned Participant, desire to participate in using, riding, exhibiting or other involvement with horses, and/or in other activities conducted at, with, or from Silver Sage Equestrian (herein after referred to as "SSE") 732 West 500 South, Farmington, UT 84025. As part of the consideration for such participation, and to induce SSE to allow me to participate, I have agreed to this Release of Liability and Hold Harmless Agreement (herein after referred to as Agreement). This agreement will apply to my participation in such activities on any date on or after the signature date indicated below, unless and until I give formal written notice to SSE that I will no longer be bound by this Agreement. I further understand that any formal withdrawal from the Agreement by me will result in my inability to participate in any activity on, with, or from SSE.

2. ACKNOWLEGDMENT OF RISK. I understand that there are substantial risks and dangers inherent in keeping, training, transporting, approaching, being around, and riding horses and related equine activity; these risks and dangers apply to myself and other third parties. I realize that dangers may arise at any time, anticipated or unanticipated, including dangers to my life, the lives of third parties from the unpredictable nature of horses and from other causes such as the acts or omissions of other riders, trainers, employees, the unpredictable nature of horses or other animals, conditions or circumstances on SSE grounds. I voluntarily assume all risks and dangers of death, harm, and/or damage to my person or property, resulting from or arising out of conditions at or about SSE grounds, the activities carried on here at SSE, and the actions of third parties and their animals not controlled by SSE. I assume all risks and danger of injury, death, harm and/or damage to the person or property of SSE and/or other third parties caused by my actions. I accept full responsibility for all medical expenses incurred as a result of any of the foregoing. I further agree to keep my horse(s) and any other animals belonging to me, as well as my children and guests on the SSE grounds in control at all times and to act at all times in a reasonable and prudent manner and to not act negligently and acknowledge liability for all of mine and their actions.

3. HARD HAT WAIVER. I have read and understand the SSE Rules and Regulations (below) and I agree to abide by them and to require that my children and guests abide by them at all times. I recognize the SSE Rules and Regulations require the use of an adequate hard-hat by all riders under the age of eighteen (18). I recognize that wearing a hard-hat could prevent permanent brain damage in the case of an accident. If I, or a minor in my party, decline to wear a hard-hat while on SSE grounds, I assume all risks involved in handling and riding horses without wearing a hard-hat.

4. RELEASE, HOLD HARMLESS, WAIVER, AND PLEDGE. I further release, discharge, and agree to indemnify and hold harmless SSE, its owners, managers, agents, officers, employees, contractors, veterinarians and farriers, and successors of the foregoing, to the fullest extent allowed by law, from any claim, suit, expense or loss which arises out of my participation in activities at the premises of SSE, the stabling of horses at SSE, my involvement in use care handling, approaching, riding, pasturing, transportation, or exhibiting of any resident or visiting horses including stallions, or the condition of the premises, horses, equipment or tack at SSE. I further waive and release subrogation claims of all medical, disability, property, and liability insurers, including, but not limited to damage resulting in medical and convalescent care, and cost of support; and as security for this Release and Hold Harmless, I grant and pledge a security interest in all money and proceeds arising from any claim therefore, that includes damages due to SSE, including insurance proceeds, trust and guardianships, remainders and proceeds from testate to intestate succession, which I agree not to relinquish or disclaim. This RELEASE AND HOLD HARMLESS AGREEMENT includes, without limitations claims for negligence pursuant to Utah Code Ann. 78B-4-201 through 78B-4-203.

I will comply with the rules of SSE and the instructions of its employees with regard to my use of horses and property and consent to the immediate termination of my riding privileges and/or any participation of any kind on SSE grounds, without refund, if in the opinion of SSE or its representatives my conduct, or the conduct of someone or something in my party is such that the risk of personal injury or property damage is of concern.

5. SUPPLEMENT TO STATUTORY LIMITATION OF LIABILITY. I understand that SSE’s liability as an equine activity sponsor is limited by Utah State Law and I intend SSE’s rights under this Agreement to be in addition to these statutory limitations and not as a replacement for them.

By my signature, below, I acknowledge that I have read and understood the foregoing Agreement and have agreed to it voluntarily, intending to be legally bound.

Silver Sage Equestrian Minor Participation Agreement

If the participant is a minor (under 18 years of age), the participant’s parent or guardian must read and agree to the following:

If the participant is a minor, I, the undersigned parent or guardian, am signing this Release of Liability and Hold Harmless Agreement, Silver Sage Equestrian Arena Rules, and Silver Sage Equestrian Barn Rules individually and on behalf of the participant and my marital community (unless single). I verify that I am the parent and guardian of the minor participant and I have authority to enter into the above mentioned agreements. I agree to indemnify and hold harmless SSE, its owners, managers, agents, officers, employees, contractors, veterinarians, and farriers, and successors of the foregoing, to the fullest extent allowed by law, from any claim, suit, expense of which arises out of the minor’s participation and presence with SSE and any and all activities conducted hereon. I accept full responsibility for all medical expenses incurred as a result of any activity hereon. I agree that this acknowledgement of risk, release, hold harmless, waiver, and pledge shall apply to all claims, suits, expenses or losses which arise out of the minor’s participation in any other activities of any kind nature whatsoever having to do with SSE.

Silver Sage Equestrian Barn Rules

We are dealing with horses! Pay attention at all times.

1. Appropriate footwear & attire must be worn when leading, handling, grooming or riding horse. Absolutely no sandals or other open toe shoes, crocs, dance slippers, etc. Students arriving in unsafe footwear will be unable to participate scheduled activities. Lesson/Camp payment will still be required as the instructor(s) and horse(s) were present and reserved.

2. Horses must be attended at all times when out of pasture or stalls.

3. No feeding horses or entering pastures/stalls with horses unless instructor approval has been given.

4. Minor spectators must be with an adult at all times unless prior approval has been given. Please keep young spectators quiet, calm & on benches when around horses. No loud or rambunctious behavior while in the barn or arenas.

5. No smoking or alcohol while on the premises.

6. Tie horses to designated tie areas only; not to fences or gates.

7. No outside dogs allowed, other than those with prior approval.

8. Riding guests must sign a SSE Release of Liability and Hold Harmless Agreement upon, or prior to, arrival to the facility. If the rider is a minor, a parent or guardian must sign both the Release of Liability and the Minor Participant Agreement on their behalf.

9. Horse must be led by a halter. No loose ropes etc.

10. Keep SSE clean. Pick up after yourself, your party, and your horse.

11. Vehicles must park in circular driveway. Please leave roadside parking open for trucks & trailers hauling horses in.

12. Please be on time to pick up your child & complete payment so as to not interfere with the next student’s lesson.

a. Silver Sage Equestrian is unable to monitor individuals who are not actively participating a riding lesson.

13. Verbal rules may be given by any SSE employee, manager, or agent and are expected to be followed.

Silver Sage Equestrian Arena Rules

1. Be aware and respectful to other riders and the horses.

2. No gum chewing while riding the horses.

3. Announce what you are doing loud and clear when passing other riders. Keep space between you and other riders.

4. Only lunge horses with permission from those riding in the arena.

5. Mount and dismount out of the way of riders.

6. Only ride if you have approval from instructor.

7. Clean up after yourself and your horse.

8. Follow posted rules and signs.

9. No loose horses in the arena.

10. Don’t ride alone.

11. SPECTATORS MUST STAY SEATED ON BENCHES WHILE WITHIN EITHER ARENA. NO LOUD OR RAMBUNCTIOUS BEHAVIOR.

12. Be aware of weather conditions and the risks they create.

13. If there is an emergency or accident in the arena, you must dismount your horse immediately.

Silver Sage Equestrian Payment Policy

It is the policy of SSE that payment for riding lessons be made in advance (i.e. at the start of each month) or prior to leaving each lesson. The following are accepted payment methods:

1) Cash

2) Venmo (Sage Bubak or @SilverSageEquestrian)

3) Credit Card

a. Credit Cards taken over the phone or without physical card in hand will be charged an additional 5% due to increased processing fees.

4) Check

a. Checks that fail to deposit due to insufficient funds (i.e. “bounced check”) will be assessed an additional fee commensurate to the charges incurred by Silver Sage Equestrian.

If you do not pay before leaving your scheduled lesson, there will be a $5.00 late payment fee added to the cost of your lesson. The lesson fee and associated late payment fee must be paid before the start of your next lesson to secure your scheduled lesson spot.

Students being dropped off/picked up by someone other than the party responsible for payment will need to make plans in advance to ensure payment is provided at the time of the lesson.

Please ensure you also meet the cancellation standards detailed in the Cancellation Policy as failure to do so will result in payment responsibilities for missed lessons.

Photography / Video Release Form

I hereby acknowledge and understand that photographs and/or videos of SSE clients may be taken while clients are engaged in activities and/or events on SSE property. This photography/video release form (hereinafter referred to as “form”) will become effective upon signature.

By signing this form, I hereby acknowledge and authorize SSE to edit, copy or otherwise make use of all photographs and videos of me or my signed for minor. Use of these materials will be limited to business related promotions, such as, but not limited to advertisement, website content, publications, etc, provided it is done for lawful purposes. Photographs and video collected by SSE will not be sold for monetary gain.

I understand that neither I, nor my signed for minor (if applicable), will be entitled to compensation nor subject to charge for photographs and videos captured and used by SSE. I consent to such materials becoming the sole property of SSE and that I, nor my signed for minor, are entitled to them, provided the use of these materials is lawful. I release all rights to any, but not limited to, claims, rights, demands and/or any causes of action by me or my representatives, heirs or anyone else as it pertains to photographs or videos used by SSE.

Silver Sage Equestrian Cancellation Policy

This policy serves as SSE’s standard as it pertains to the cancellation of scheduled lessons. Due to high demand for riding lessons, advanced notice of lesson cancellations is vital in ensuring that SSE instructors are able to offer one-time lessons to riders on our “Waiting List” as a result of a cancellation.

Cancellation Expectations and Associated Payment:

1) SSE understands scheduling conflicts arise and students may not be able to attend all of the scheduled lessons. However, if a rider is unable to attend their scheduled lesson, the student or associated parent/legal guardian are required to provide their instructor with cancellation notice 24-hours in advance of their scheduled lesson. A lesson will not be deemed cancelled unless the student or associated parent/legal guardian contact the instructor directly; cancelling the lesson in person, by phone call or by text.

a. If the instructor does not receive notice of cancellation 24-hours in advance, the student will be charged in full. Any cancellation outside of these standards, including “morning of” cancellations and “no show” lessons will be charged.

2) If a student or associated parent/legal guardian fails to notify the students instructor of a cancellation and such actions result in a “no show” lesson, it is the responsibility of the student or associated parent/legal guardian to contact the instructor in person, by phone or by text and inform the instructor if the student plans to attend their next scheduled lesson. Failure to do so may result in the schedule lesson spot being permanently filled by someone on the “Waiting List”.

3) If a student is more than 15 minutes late to their scheduled lesson, the lesson will be cancelled and payment for the lesson is required.

In order to avoid late payment fees please review payment standards detailed in the Payment Policy.

Addressing Regular Absenteeism:

1) Students absent for more than 2 consecutive lessons (due to vacation(s), extra-curricular activities or other long-term absences) must provide 24-hour notice of cancellation, as detailed above. Additionally, payment will be required for missed lessons exceeding the initial 2 absences in order to hold their lesson spot if they plan on continuing as usual upon their return.

2) We ask that you maintain regular attendance at your scheduled lesson spot. If you are not able to maintain your lesson spot consistently please get in touch with your instructor to discuss moving to a less frequent riding schedule. SSE and its instructors reserve the right to ask any student who is attending 50% or less of the scheduled lessons to move to a less frequent lesson spot. For students in weekly spots this would mean switching to an every other week schedule. For students in every other week spots this would mean going on a call list to contact for one time openings throughout the month.

Holidays:

SSE is open to scheduled riding lessons Monday thru Saturday, year-round. This includes holidays. Instructors will contact students directly if they need to cancel a scheduled lesson due to a holiday; otherwise, students should plan on their lesson being held that day. If a student is unable to attend a scheduled lesson on a holiday it is the student’s responsibility to provide 24-hour notice of cancellation to avoid being charged for the lesson.