In consideration of utilizing the application, Giddyapp, owned by GiddyUp LLC. , (the “Company”) for sharednon-commercial equine transportation (the “Company”) and for other good and valuable consideration, I, the undersigned hereby agree to release and discharge from liability, the Company, its members, owners, affiliates,(including but not limited to, members, managers, officers, employees, agents, family members, tenants, invitees,licensees and all other persons or entities acting for them or the Company, including the member(s) of theCompany personally hereinafter collectively referred to as "Releasees"), on behalf of myself, my company, my children, spouse, parents, heirs, assigns, invitees, employees, agents, personal representative and estate(collectively, “Participant”), and also agree as follows:

1. Participant acknowledges that farm and horse activities, including but not limited to transporting and loading horses, riding horses in private or public spaces, being a spectator, visitor, invitee, licensee, boarder, tour participant, farrier, veterinarian, other care provider to horses or people, coaching, taking riding lessons, being a rider on a horse regardless of ownership of the horse, grooming, trail riding, training, schooling, jumping at any location or in the vicinity of a vehicle (collectively, the “Activities”) involve known and unanticipated risks, including, but not limited to, personal injury, injury to horses, falls, kicks, bites, loose horses, collisions with vehicles or horses or stationary objects/structures, the unavailability or delay of emergency medical care (collectively the “Risks”), which could result in physical or emotional injury, paralysis or permanent disability, property damage and even death. Participant understands such Risks simply cannot be eliminated and that unexpected and unpredictable events may occur.

2. Participant expressly accepts and assumes all of the Risks inherent in the Activities involved in the transportation or riding of horses that might have been caused by the action, inaction or negligence of the releasees or third parties including the person providing the transportation or the person loaning/providing a horse. Undertaking the Activities is purely voluntary and Participant elects to undertake such Activities voluntarily. In addition, if at any time Participant believes that the Activities are unsafe, then Participant shall immediately notify the Company and discontinue the Activities until the situation is resolved.

3. Participant hereby voluntarily waives, releases, forever discharges, and agrees to indemnify, covenants not to sue, and holds harmless Releasees from any and all claims, demands, or causes of action that occur (including, without limitation, any claims, demands, or causes of action that are in any way connected with the Activities or use of equipment, facilities, or proximity to horses) arising from actions, non-actions, or negligence of the Releasees, third parties, animals or any other cause whatsoever. Notwithstanding the foregoing, this Release does not apply to claims arising from the gross or intentional misconduct of the Releasees. Should Releasees or anyone acting on their behalf be required to incur attorney fees and costs to enforce this Agreement or defend a claim made by Participant, Participant agrees to indemnify and hold them harmless for all such reasonable fees and costs, should Participant not be successful.

4. Participant represents that Participant has adequate insurance to cover any personal injury, medical expenses or damage (personal or property) Participant may suffer, or Participant’s horse(s) may suffer or cause while engaged in the Activities for any reason whatsoever, and agrees to bear the costs of such injury, damage or loss of life.

5. Participants agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

6. This Agreement shall be governed by Wisconsin law and venue shall be the court of competent jurisdiction in Milwaukee Wisconsin.By signing this document, Participant agrees that if he/she or his/her horse(s) is injured or dies, or his/her property is damaged undertaking the Activities or any reason, then Participant may be found by a court of law to have waived his/her right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. The participant has had sufficient time to read this entire document prior to signing and consult his/her attorney. The participant has read and understands this document and agrees to be bound by its terms.

PARTICIPANT HAS CAREFULLY READ THE FOREGOING WAIVER, RELEASE, INDEMNIFICATION AND HOLDHARMLESS AGREEMENT, ACKNOWLEDGE THAT THIS INSTRUMENT WAIVES CERTAIN  LEGAL RIGHTS, OBLIGATIONS, AND LIABILITIES, AND IS INTENDED TO BE A BINDING LEGAL CONTRACT BY AND BETWEEN THE UNDERSIGNED AND RELEASEES. PARTICIPANT ACKNOWLEDGES THAT RELEASEES HAVE OR WILL BE PROVIDING SERVICES AND/OR FACILITIES IN RELIANCE UPON THIS AGREEMENT. 

WARNING NOTICE

A PERSON WHO IS ENGAGED FOR COMPENSATION IN THE RENTAL OF EQUINES OR EQUINE EQUIPMENT OR TACK OR IN THE INSTRUCTION OF A PERSON IN THE RIDING OR DRIVING OF AN EQUINE OR IN BEING A PASSENGER UPON AN EQUINE IS NOT LIABLE FOR THE INJURY OR DEATH OF A PERSON INVOLVED IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, AS DEFINED IN SECTION 895.481 (1) (E) OF THE WISCONSIN STATUTES.

Release and Hold Harmless Agreement and Notice:

Under Wisconsin law an Equine Professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities as defined in section 895.481 of the Wisconsin Statutes.

Notice: A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable for the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481 (1) (e) of the Wisconsin Statutes."

The undersigned assumes the unavoidable risks inherent in all horse-related activities, including but not limited to bodily injury and physical harm to the horse, rider or spectator.  Inherent risk of equine activities means a danger or condition that is an integral part of equine activities, including all of the following:

1. The propensity of an equine to behave in a way that may result in injury or death to a person on or near it.

2. The unpredictability of an equine's reaction to a sound, movement or unfamiliar object, person or animal.

3. A collision with an object or another animal.

  4. The potential for a person participating in an equine activity to act in a negligent manner, to fail to control the equine or to not act within his or her ability.

5. Natural hazards, including surface and subsurface conditions.

In consideration, therefore, for the privilege of riding and/or working around horses at Wind Dancer Farms, located at 8702 North Raynor Avenue, Franksville, WI 53126, the undersigned does hereby hold harmless and indemnify the owner, the manager, the employees and all others associated with Wind Dancer Farms and further releases them from any liability or responsibility for accident, damage, -injury, or illness to the undersigned or to any horse owned by the undersigned or to any family member or spectator accompanying the undersigned on the premises.

Helmet Waiver  (Persons may not ride without a helmet)

I recognize the dangers inherent in horseback riding and am assuming the risk of the hazard upon myself. These include but are not limited to: the propensity of an equine to behave in a way that may result in injury or death to a person on or near it; the unpredictability of an equine's reaction to a sound, movement or unfamiliar object, person or animal; a collision with an object or another animal; the potential for a person participating in an equine activity to act in a negligent manner, to fail to control the equine or to not act within his or her ability and natural hazards, including surface and subsurface conditions.I have been offered a protective riding helmet, which could prevent severe injury in the event of an accident. The policy of Wind Dancer Farms is that everyone must wear a helmet at all times.  If I choose not to wear this offered protection, I understand that my actions may result in a more serious injury to myself.  I also understand that a helmet is a critical safety precaution.