In consideration of the services of Wilderness Ventures, a.k.a. Gila Wilderness Ventures, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “WV”. I hereby agree to release and discharge WV on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that horseback trail rides entail known and unanticipated risks which 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: loss of control, collisions: horses, irrespective of their previous behavior and characteristics, may act or react unpredictable based upon instinct, fright, or lack of proper control by rider; latent or apparent defects or conditions in equipment, animals or property; acts of other participants in this activity, adverse weather conditions; contact with plants or animals, my own physical condition or my own acts or omissions; the condition of remote roads, trails, waterways, or terrain, and accidents connected with their use; first-aid, emergency treatment or other services rendered; consumption of food and drink. Furthermore, WV guides 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, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. 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.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WV from any all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of WV’s equipment of facilities, including any such claims which allege negligent acts or omissions of WV.
4. Should WV 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.
5. 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 have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume—and bear the costs of—all risks that my be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit against WV, I agree to do so solely in the state of New Mexico, 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.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WV on the basis of any claim from which I have released them herein.
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.
Signature of Participant:___________________________________PrintName:________________________________
Address:_____________________________City:___________________State:______Zip:____________
Phone:_______________________Occupation:_______________________________Date:____________
For pack trip schedule add e-mail address:____________________________________________________
PARENTS OR GUARDIAN ADDITIONAL INDEMNIFICATION: Must be completed for participants under age 18.
In consideration of_______________________________________________(print minor’s name & age) (“Minor”) being permitted by WV to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless WV from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use of participation by Minor.
Parent or Guardian:___________________________PrintName:_________________________Date:____________
Please help us to make your ride as safe, comfortable and enjoyable as possible by answering the following questions:
Name:___________________________________________________Age:_________Weight:_________Height:_________
PLEASE CHECK THE MOST APPLICABLE:
Riding Experience: None:_________ A few times:_________How many?__________________
Riding Lessons?________________How many?__________________
Rode frequently in the past:____ _How long ago?_______________
Ride frequently:_______________How often?_________________The last time I rode was:______________________________________
Have you ever been diagnosed with heart or coronary artery disease?__________Yes___________No
If yes, please describe any limitations on activities, medications or other relevant information: _______________________________________________________________________________________________________________.
Are you pregnant?__________Yes___________No
Do you have allergies? Including allergic reactions to medications?_______Yes_______No If yes, describe condition and/or medication_________________________.
Dietary restrictions?______Yes______No If yes, describe:_____________________________________________________
Any other conditions that require special consideration or taking/carrying of special medication or equipment?______Yes______No
If yes, describe condition, medications or equipment required, any restrictions caused by the same, and any special instructions needed:_________________________________________________________
Client/Guest Signature:________________________________________________________
(Parent/Guardian Signature for Guests under Eighteen)