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The undersigned owner (“Owner”) enters into this Pinnacle Rehab Center Trailering Agreement and Liability Release (“Release”) for transporting Owner’s horse by Pinnacle Rehab Center and its respective owners, officers, employees, contractors, agents and assigns (collectively “Pinnacle Rehab Center”), and in exchange for reasonable consideration, the receipt of which is hereby acknowledged, Owner agrees to the following:
- Transport: Owner requests Pinnacle Rehab Center transport Owner’s horse (if more than one horse, Owner’s transported horses are collectively referred to as “the horse”) from the horse’s current location to Owner’s requested destination. This Release applies to the transport of any horse requested by Owner, or by anyone on Owner’s behalf, whether the horse is owned by Owner as of the date of this Release or any time thereafter, and regardless of the purpose for or distance of the transport. Owner agrees that Owner has either inspected or had Owner’s agent inspect the Transporting truck and trailer and deems both safe and suitable for Transporting Owner’s horse. This Release supersedes all prior documents, agreements, and other prior statements regarding the horse’s Transport.
- Release/Hold Harmless/Defend/Indemnify: Pinnacle Rehab Center is responsible only for the actual Transporting of the horse. Owner hereby releases Pinnacle Rehab Center, Unbridled Equine, Lauri Mason and Katie Hawkins and any of these listed parties’ respective spouse, relatives, heirs, agents, assigns, trusts, trustees, beneficiaries, trainers, employees, working students, volunteers, independent contractors, interns, guests, visitors, members, managers, officers, directors, owners, lessors, lessees, licensors, licensees, or others acting on their behalf (collectively “Released Parties”), for injuries to or death of Owner or others acting on Owner’s behalf (collectively “Owner’s Loss”), for injuries to or death of the horse, or the damage or loss of Owner’s or others’ property (collectively “Horse and Property Loss”) during transport and/or in the loading, unloading, or transporting (collectively “Transport” or “Transporting” or “Transportation”) of the horse regardless of whether Released Parties assisted in the actual Transporting of the horse. Owner agrees to defend and indemnify Released Parties from and against any Owner’s Loss and/or Horse and Property Loss that directly or indirectly results from the negligence or other fault of Released Parties arising out of, or in any way relating to Transporting the horse (except if results from willful and wanton or intentional misconduct). This Release shall not expire and shall remain in full force and effect in perpetuity.
- Risk of Loss: Owner agrees Released Parties shall not be responsible for the horse’s behavior such as biting, kicking, goring, or smothering, or for Owner’s Loss and/or Horse and Property Loss arising from the condition of the horse or which results from the horse’s behavior, which risks are assumed by Owner. Owner agrees to remain solely financially responsible for any damage caused to the Transporting truck and trailer resulting from Transporting the horse and to either repair any such damage within thirty (30) calendar days of its occurrence or reimburse Pinnacle Rehab Center within thirty (30) calendar days of invoice for any damage repairs made.
- Warranties/Discretion to Refuse Transport: Owner warrants the horse is fit and suitable for Transporting and not suffering from any communicable illness or other conditions harmful to itself, persons, or other horses. Pinnacle Rehab Center retains sole decision-making authority to refuse to Transport the horse for any reason whatsoever. Transportation service will not be performed where conditions of roadways, streets, alleys or premises over which vehicles must operate are such that, in Pinnacle Rehab Center judgment, render it impractical or unsafe to operate or navigate and Pinnacle Rehab Center shall be held harmless for any damage or loss resulting from such cancelled transportation.
- Emergency Authorization: Pinnacle Rehab Center is authorized, but not obligated, to secure veterinary, farrier, transportation, and any other services required for the health, well-being, and/or other benefit of the horse. Owner remains responsible for the costs of all such services which shall be timely paid by Owner directly to the service provider.
- Governing Law/Time Limitation/Attorneys’ Fees/Jury Waiver: This Release shall be construed and enforced in accordance with Arkansas law. All disputes relating to the interpretation and enforcement of this Release shall be resolved exclusively by the state court in Washington County, Arkansas and Owner submits to the jurisdiction and venue of the Court for such purpose. Owner agrees that this Release does not expire, that any and all claims and/or causes of actions for Horse and Property Loss by Owner must be brought within one (1) year of the date accrued, waives trial by jury in any claim or suit against Released Parties, and any claim or suit for Horse and Property Loss is limited to $250.00. Owner agrees to reimburse Released Parties for any attorneys' fees and costs incurred by Released Parties in enforcing this Release and/or in defending or prosecuting any claims or suits involving or relating to Owner.
- Severability/Modification: If any provision of this Release is deemed invalid or unenforceable, the remaining provisions shall be valid and enforceable to the fullest extent legally permitted. This Release can only be modified in writing signed by Owner on the one hand Lauri Mason and/or Katie Hawkins on the other hand.
- Certification: By signing below, Owner certifies that he/she has read and understands the terms of this Release, has the authority to enter into this Release, understands and agrees that he/she has alternative horse Transportation options to choose from, and voluntarily agrees to be bound by all of the terms and conditions contained herein.
- WARNING UNDER THE EQUINE ACTIVITY LIABILITY ACT, EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY EXPRESSLY ASSUMES THE RISKS OF ENGAGING IN AND LEGAL RESPONSIBILITY FOR INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY RESULTING FROM THE RISK OF EQUINE ACTIVITIES.
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS – READ CAREFULLY BEFORE SIGNING
