PARTICIPANT AGREEMENT AND RELEASE AND WAIVER OF LIABILITY

WARNING: UNDER THE EQUINE ACTIVITIES LIABILITY ACT, EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY EXPRESSLY ASSUMES THE RISK OF ENGAGING IN AND LEGAL RESPONSIBILITY FOR INJURY, LOSS OR DAMAGE TO PERSON OR PROPERTY RESULTING FROM THE RISK OF EQUINE ACTIVITIES 745 ILCS 47/25.

Ears Up Leadership, LLC (“Ears Up”) is committed to conducting its events in a safe manner and holds the safety of participants in high regard.  In striving to reduce risk, Ears Up insists that all participants follow safety rules and instructions that are designed to protect the participant’s safety.  You are solely responsible for determining if you are physically fit and/or skilled for the activities contemplated by this agreement.  It is always advisable to consult a physician before undertaking any physical activity.

Warning of Risk: Despite careful and proper preparation and instruction, there is still a risk of serious injury when participating in any equine activity/program.  Understandably, not all hazards and dangers can be foreseen.  In this regard, it must be recognized that it is impossible for Ears Up and Walk On to guarantee absolute safety.  I hereby acknowledge and accept the risks and potential risks of engaging in the equine activities offered by Ears Up and Walk On (“Activities”), including, but not limited to:

1)        the propensity of equines to behave in dangerous ways that may result in injury to the participant;

2)        the inability to predict an equine’s reaction to sound, movements, objects, persons, or animals; and

3)        the hazards of surface or subsurface conditions. 

Notwithstanding, I desire to participate in said Activities, voluntarily assume the risk and danger of injury inherent in said Activities, and agree to follow all rules and instructions, listen to all handlers and personnel, and conduct all Activities in a manner in which safety is considered my first priority.

Waiver and Release of all Claims: In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of Walk On or Ears Up.  In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against Walk On and Ears Up, and its owners, directors, officers, managers, teachers, instructors, workshop presenters, agents, employees, independent contractors and staff (each, a “Released Party”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of any Released Party or anyone else.  I agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.  “Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.  I, my heirs and my legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party. 

Costs and Fees: In the event litigation is commenced against Walk On or Ears Up with respect to the Activities, I acknowledge and agree that I will be responsible for all costs and expenses, including, but not limited to all attorney’s fees, incurred by Walk On, Ears Up, and/or me in connection with such litigation.

Accident/Medical Insurance: I represent that I have my own medical insurance and, should emergency medical treatment be required, I shall pay for all such incurred expenses.

Laws: This agreement shall be construed in accordance with, and governed by, the laws of the State of Illinois and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Lake County, Illinois.  In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.

I, THE UNDERSIGNED, HAVE READ AND UNDERSTAND THE FOREGOING PARTICIPANT AGREEMENT AND RELEASE AND WAIVER OF LIABILITY (“AGREEMENT”) AND VOLUNTARILY SIGN THIS AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE ABOVE WRITTEN AGREEMENT HAVE BEEN MADE BY EITHER RELEASED PARTY. 

I, THE UNDERSIGNED, CERTIFY THAT I HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT. THIS AGREEMENT SHALL REMAIN VALID UNTIL EXPRESSLY REVOKED BY THE PARTICIPANT.