Terms of Use
INTRODUCTION
Please read this Acknowledgment and Assumption of Risks and Release and Indemnity Agreement, including Introduction and Conclusion (the “Document”) carefully before proceeding. This Document informs you about your responsibilities and assumption of risks, and includes a release of liability, indemnification and surrender of certain legal rights. Parent(s) or Legal Guardian(s) (hereafter collectively “parent(s)”) of any participating minor (hereafter sometimes “minor”, “child” or “minor child”) shall sign this Agreement.
References to “participant” include both minor (those under the age of 18) and adult participants. In consideration of the services of The Donkey Whisperer, LLC, its parent, subsidiaries, related and affiliated entities, officers, directors, members, managers, partners, shareholders, employees, agents, successors and assigns and all other persons or entities associated with it (hereafter collectively “The Donkey Whisperer”), participant, including parent(s) of minor participants, agree as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
The Donkey Whisperer provides information, advice and instruction related to the training of equine. The training of equine involves serious risk. I (and my parent(s), if I am a minor) acknowledge that training equine involves risks. Some risks are inherent in these activities and cannot be eliminated or reduced. A variety of other risks also exist. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to participant or others. The following describes some, but not all of those risks, hazards and dangers:
1.) Risks involved in physical activity. Activities vary, but can include lifting, moving, and leading of the equine, and sustained use of a participant’s arms and legs.
2.) Risks in decision making. Participants must make judgments and decisions as they participate in training equine. So, too, The Donkey Whisperer’s staff must make judgments and decisions as they teach equine training techniques or assist participants. These judgments and decisions are, by their nature, imprecise and subject to error. Consequently, there are risks involved in decision making and conduct, including, without limitation, the risk that a staff member may misjudge a participant’s abilities or fitness level.
3.) Equipment failure or misuse. Equipment used includes, ropes, harnesses, saddles, leads and other traditional equine equipment which may be misused, or which can break, fail or malfunction.
4.) Risks regarding conduct. The potential that I, other participants or third parties may act carelessly or recklessly or generally fail to exercise care.
I understand that the above list is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities requires a special degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I have no mental or physical problems or limitations that might compromise or affect my ability to participate in equine activities which have not been disclosed to The Donkey Whisperer. I represent I am fully capable of participating in these activities without causing harm to me or others and I agree to follow all The Donkey Whisperer rules and regulations. I acknowledge that The Donkey Whisperer staff is, and have been available, should I have further questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities. I understand that the presence of The Donkey Whisperer personnel is absolutely no assurance of my safety or the lessening of any of these risks. Training large animals is dangerous! In both supervised and unsupervised activities, I acknowledge that all participants are responsible for their own safety. My participation in these activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks. Therefore, I (and my parent(s), if I am a minor) assume and accept full responsibility for those risks identified here and for those risks not identified, and for injury, damage, death or other loss suffered by me resulting from those risks, or resulting from my own negligence or other conduct.
RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This section contains a Release and Indemnity Agreement and surrender of certain legal rights. I, on behalf of myself, my spouse, my minor child, my parents, my heirs, assigns, personal representative and estate:
(1) agree to release and covenant not to sue The Donkey Whisperer, with respect to all claims, liabilities, suits or expenses (including attorneys fees and costs), arising out of any injury, damage, death or other loss to me or my child in any way connected with my/my child’s participation in The Donkey Whisperer activities or training techniques. I understand I agree here to waive all claims I may have against The Donkey Whisperer, and agree that neither I, nor anyone acting on my behalf, will make a claim or file a lawsuit of any kind against The Donkey Whisperer, as a result of any injury, damage, death or other loss suffered by me or my child;
(2) agree to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) The Donkey Whisperer with respect to all claims, liabilities, suits or expenses (including attorneys fees & costs):(a) brought by or on behalf of me, my child, or a family member, arising out of any injury, damage, death or other loss to me or my child in any way connected with my/my child’s participation in The Donkey Whisperer activities or training techniques; or,(b) brought by a co-participant or any other person, arising out of any injury, damage, death or other loss claimed to be caused, in whole or in part, by my/my child’s conduct in the course of participating in The Donkey Whisperer activities or training techniques.
(3) certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.
(4) grant The Donkey Whisperer the irrevocable right and permission to photograph and/or record me in connection with The Donkey Whisperer to use the photographs and/or recordings for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All photographs and/or recordings are exclusive rights of The Donkey Whisperer.
(5) agree that this Agreement is continuing in nature and effect and that it obligates me with respect to any and all participation in The Donkey Whisperer activities, now and in the future. This Release and Indemnity Agreement includes any losses claimed to be caused, in whole or in part, by the negligence of The Donkey Whisperer (but not its gross negligence or reckless misconduct) and includes claims for personal injury, property damage, wrongful death, products liability, breach of contract or otherwise.
(6) agree and understand that I have been informed and warned of potential injury, self-mutilation and/or death of any equine in my care should I choose to leave a Donkey Whisper rope halter on my equine without supervision and/or personal attendance. Donkey Whisperer will not be held liable should a halter be left on any donkey without said supervision and/or personal attendance.
(7) reserve the right to refuse service to anyone that abuses or neglects their equines and/or anyone that is in conflict with Donkey Whisperer Farm training philosophy and overall goals.
(8) understand our online video training courses are non-refundable. Due to our commitment to keep our online video series affordable and economical for all donkey owners we have a no refund policy. Life Time warranty or access to video on demand applies to the Life of the Business.
CONCLUSION
I agree that this Document and all other aspects of my relationship with The Donkey Whisperer are governed by Washington state law. I agree to attempt in good faith to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable mediator before filing a lawsuit. Further, any mediation, suit, or other proceeding arising out of or relating to my enrollment or participation in The Donkey Whisperer activities, must be filed or entered into only in the State of Washington. I authorize The Donkey Whisperer staff to obtain or provide medical care for me/my child or to transport me/my child to a medical facility. I authorize medical personnel to render such treatment they deem necessary for me/my child’s health. I agree that The Donkey Whisperer has no responsibility for medical care provided to me/my child and I agree to pay all costs associated with such medical care and transportation.
Any portion of this Document deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions of this Document and the remaining provisions shall continue in full force and effect.
I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and binding upon myself and my family and my heirs, executors, representatives and estate.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.