IN CONSIDERATION OF the risk of injury that exists while participating in PONY RIDES AND PETTING ZOO (hereinafter the
“Activity”); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, and everyone in my party, heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively,
“Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age),
knowingly and voluntarily enter into these TERMS AND CONDITIONS and hereby waive any and all rights, claims or
causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge PONY EXPRESS RANCH LLC., located at 65 W Lake Hazel Rd, Meridian, Idaho
83642, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors,
successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result
of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE
ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS
ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,
SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),
ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY
ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE
ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED
RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any
kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s
fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or
entity conducting a specific event or activity on behalf of Releasees. In the event that I or anyone in my party should require medical care or
treatment, I authorize Pony Express Ranch LLC. to provide all emergency medical care deemed necessary, including but not
limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical
personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a
result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with
it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able
and properly trained, and I agree to abide by the decision of the Pony Express Ranch LLC. official or agent, regarding my
approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THESE “TERMS AND CONDITIONS” AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Pony
Express Ranch LLC.AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF,
VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL
CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I
OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Pony Express Ranch LLC. FOR PERSONAL INJURY OR
PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such
negligence on the part of Pony Express Ranch LLC., its agents, and employees.
I agree that this Release shall be governed for all purposes by Idaho law, without regard to any conflict of law principles. This
Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions,
neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of
neglect or recklessness.
THESE TERMS AND CONDITIONS SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION
IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.