PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Wild West Yellowstone Rodeo, their agents, owners, officers, volunteers, employees, and all other
persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "WWYR"), I hereby agree to release,
indemnify, and discharge WWYR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and
estate as follows:
- I acknowledge that my participation in wagon rides, horseback riding lessons, and guided trail ride activities entails known and
unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third
parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: exposure to and travel in rugged terrain, exposure to potentially dangerous wild animals, insect
bites, and hazardous plant life; transmissible pathogen or disease; exposure to temperature and weather extremes; losing control of you
horse and falling; my own physical condition, and the physical exertion associated with this activity. A horse, regardless of its training and
usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you to be thrown from your horse or
injured by the horse. Horses may do such things as bite, kick, buck, lie down, or stumble. Saddles may slip and other tack or saddle
problems may develop as a result of normal use and wear. Your horse may collide with obstacles or encounter variations in terrain such as
creeks, water, bridges, traveled roads, wild animals, birds, stump, forest growth, debris, rocks and cliffs and other obstacles whether obvious
or not and whether man made or natural. Riding a horse requires the participant to balance on the saddle. Accidents or illness can occur in
remote places without medical facilities and emergency treatment or other services rendered.
Furthermore, WWYR personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a
participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings
or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WWYR from any and all claims, demands,
or causes of action, which are in any way connected with my participation in this activity or my use of WWYR's equipment or facilities,
including any such claims which allege negligent acts or omissions of WWYR.
- Should WWYR or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage 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 I
- In the event that I file a lawsuit against WWYR, I agree to do so solely in the state of Montana, and I further agree that the substantive
law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this
agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries
or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer
due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care. I also agree that
this document is valid for subsequent visits and participation at WWYR. 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.