Hold Harmless Agreement

Benevolent Warrior Ranch

RELEASE OF LIABILITY/ACKNOWLEDGEMENT/WAIVER

**PLEASE READ CAREFULLY BEFORE SIGNING**

This is a release of liability, acknowledgement, and waiver of certain legal rights (hereinafter referred to as the “Release”).  In consideration of the undersigned’s (hereinafter the “Undersigned”) permission to participate in the activities provided by Benevolent Warrior Ranch, a Washington non-profit corporation (hereinafter “BWR”) and to use  BWR’s personal property, animals (if any), and facilities, the Undersigned agrees to the following:

1.     Revocable License. Upon the execution of this Release, the Undersigned acknowledges that he/she is granted a revocable license by BWR to enter the designated ranch area only of BWR which is located on 520 Hodges Rd. Asotin, Washington (hereinafter the “Property”), strictly for the purposes of riding designated animals, handling designated animals, and assisting with the maintenance and care of designated animals.

2.     BWR Designations. BWR reserves the right to designate which animals are for the Undersigned’s use and which areas of the Property the Undersigned may enter. The Undersigned understands that unless an area or animal is not expressly designated for the Undersigned’s use, the Undersigned shall presume he/she does NOT have permission to go into a certain area or use a certain animal.  

3.     Compliance. The Undersigned covenants to comply with instructions of BWR and BWR’s volunteers and representatives.   

4.     Safety. The Undersigned acknowledges having been instructed to wear a helmet at all times while on the Property and to wear appropriate clothing and gear. The use of a helmet will help in preventing permanent brain damage which is a common injury when riding horses and working with animals. BWR shall not be responsible to ensure the Undersigned’s use of a helmet, proper clothing, and proper gear, and should the Undersigned fail to comply with BWR’s instructions at any time, the Undersigned assumes all liability for any losses, damages, or injury that results from such failure.   

5.     Power to Revoke. The Undersigned understands his/her license to enter the Property and use BWR’s services described above can be revoked at any time by BWR or any of BWR’s representatives, with or without cause, at BWR’s sole discretion. BWR and its representatives may revoke the Undersigned’s license verbally, without any advance notice or warning and said verbal revocation shall be an immediate termination to the Undersigned’s license to be on the Property.

6.     Not a Partner or Agent. In the event the Undersigned conducts any work or maintenance on the Property, the Undersigned shall not construe this to mean that the Undersigned is an employee, agent, or representative of BWR.

7.     Release. The Undersigned forever and irrevocably releases, without limitation, BWR, BWR’s directors, officers, volunteers, contractors, and representatives (“BWR’s Affiliates”), and the owners of the Property from any and all losses, injuries, claims, damages, indirect damages, or other liability which may arise directly or indirectly from the Undersigned’s participation in BWR’s activities, from the Undersigned’s presence on the Property, from BWR’s animals, from animals used by BWR, and for other participants in BWR’s activities.   

8.     Assumption of Risk. The Undersigned acknowledges the existence of certain risks inherent with being on a ranch, being near animals and farm equipment, and riding horses. Such risks may include, but are not limited to:  (i) the propensity of animals  to behave in unexpected, unpredictable ways that may result in injury, death, or loss to persons; (ii) observable and unobservable, latent hazards including, but not limited to, poor weather conditions, broken equipment, and holes; (iii) the possibility of a collision with animals, persons, fences, trees, or other objects; and (iv) the potential for other persons to act in a negligent manner. The Undersigned acknowledges being forewarned about these various risks and fully assumes any damages or losses that may arise from such risks.

9.     Indemnifications: The Undersigned indemnifies and hold harmless BWR, BWR’s Affiliates (as defined above in Section 6), the owners of the Property from any and all losses, injuries, claims, damages, indirect damages, or other liability which arise directly or indirectly from the Undersigned’s participation in BWR’s activities, from the Undersigned’s presence on the Property, and from the Undersigned’s use of and interaction with BWR’s animals.

10.  BWR’s Objective: The Undersigned understands BWR is a non-profit corporation operated by volunteers for the purpose of giving military veterans an alternative way to cope with post-combat service and military service. The Undersigned acknowledges that BWR’s shall not be misconstrued as counseling or mental health therapy. The Undersigned understands BWR is not operated by doctors or licensed medical professionals and that the Undersigned will only rely on his/her licensed medical professionals.

11.  Allergies and Injuries. The Undersigned has been made aware of the various types of animals on the Property and shall immediately inform a BWR representative if he/she has any allergies to any animals or has any injuries that may impede his/her ability to be on a ranch with animals and equipment.

12.  Benefit. The Undersigned acknowledges, by his/her signature, the Undersigned’s intent to be legally bound by the terms of this Release, which shall inure to the benefit of BWR, BWR’s Affiliates, the owners of the Property, and the respective successors, assigns, executors, administrators, heirs, and estates of BWR, BWR’s Affiliates, and the owners of the Property.

13.  Attorney’s Fees and Costs for Enforcement. If any action in the future is pursued regarding this Release and if said action requires the assistance of an attorney, if BWR is the substantially prevailing party, BWR shall be entitled to reasonable attorney’s fees and related costs; provided, however, that all such fees shall be subject to RCW 4.84.250 through RCW 4.84.300.

14.  Governance. The interpretation and enforcement of this Release shall be governed by the laws of the State of Washington. Any dispute litigated in court shall be filed in Asotin County.

15.  Effective Period: This Release and all of the terms and obligations therein shall remain in effect and in force for each visit Undersigned makes to the Property. In the event of a revocation of the Undersigned’s license to be on the Property and use BWR’s property and animals, the promises made herein shall nevertheless survive.

I, __________________________, the Undersigned have read and understand, and freely and voluntarily enter into this Release and all the terms therein, understanding that this Release is a permanent and irrevocable waiver against BWR, BWR’s Affiliates (defined above), and the owners of the Property, from any and all losses, claims, damages, and/or injuries which I may suffer at the Property or working with BWR and BWR’s animals. I acknowledge that I am voluntarily using BWR’s services with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury, paralysis, or death.

The Undersigned:

 (Print Full Legal Name):___________________________________________________________________________

Signature: ______________________________________________________________________ Date:____________