STAT®'s Equine Services Liability and Confidentiality Form
STAT® CONFIDENTIALITY AGREEMENT AND EQUINE ACTIVITY LIABILITY RELEASE AND RISK ACKNOWLEDGEMENT
I agree not to disclose any Client names, treatment information or identifying information pertaining to any Client, past, present or future, of STAT®, Inc. to anyone apart from discussing my own/my loved ones' sessions or lessons with directly assigned STAT®, Inc. Staff. This confidentiality agreement is effective the date of the signing of this agreement, and is forever binding after my association with STAT®, Inc. ends.
1. PARTIES.
The parties to this document are Southern Tier Alternative Therapies, Inc. with equine operations at 24 Stom Road, Ligonier PA (hereinafter “STAT®”) and CLIENT
2. APPORTIONMENT OF LIABILITY
In consideration of Client being allowed to attend, participate in, or observe activities sponsored or conducted by STAT®, or be present on the property on which STAT® conducts its activities, Client does agree to hold harmless and release STAT®, its officers, members, managers, agents, employees, representatives, assigns, affiliated organizations, insurers, and all others acting on STAT’s behalf and the owner(s)of any horse or other property used by STAT®, from all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, even if due to negligence and/or other Clients' acts or omissions. Client does further agree to waive all rights which may otherwise arise from an injury to Client or Client's property, and shall not bring any claims, demands, legal actions or causes of action, against STAT®, those persons described above, or any person or entity, for any economic or non-economic losses due to bodily injury, death, or property damage arising out of the activities of STAT® or Client's presence on or proximity to property used by STAT®.
3. INDEMNITY.
Client agrees to be responsible for any and all damages, injuries, or loss of life caused by Client or a horse in the care, custody and control of Client, and to indemnify STAT® and all parties described above, for any losses or expenses (including attorney fees) which they incur in connection with claims related to Client.
4. RISKS.
There are numerous obvious and non-obvious inherent risks are always present in horseback riding and being around horses, despite all safety precautions. No horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful and 3 to 4 times faster than a human. If a Client falls from a horse to the ground it will generally be at a distance of 3 to 5 feet, and the impact may result in injury to the Client. If a horse is frightened or provoked it may divert from its training and act according to its natural instincts which may include, but are not limited to: stopping short, changing direction or speed at will, shifting its weight from side to side, bucking, rearing, biting, kicking or running from danger. These risks exist for any person around a horse, whether mounted or on the ground. Client acknowledges these risks and states that she/he is not relying on STAT to advise of all the risks.
5. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
Client acknowledges that she/he bears responsibility for her/his own safety and Client should not participate in any Client activity unless she/he is confident that she/he can do so safely. Participation in equine activities with or conducted by STAT® constitutes a knowing and voluntary assumption of all risks associated with equine activities involving STAT® or being present on or using STAT® property (including but not limited to inherent risks and the risk of negligence by STAT® or others) which is a defense under Pennsylvania law to any claim for injury or damage, and a bar to recovery.
6. HELMET USE.
Client acknowledges that wearing a properly fitted and secured Client riding helmet which meets or exceeds the quality standards of the SEI Certified ASTM Standard F1163 while riding, mounting, dismounting and being near horses may reduce the severity of head injuries or prevent death occurring as the result of a fall or other occurrence. STAT® makes no representations as to the condition, effectiveness or suitability of any helmet it may allow Client to use. All helmet related risks are assumed by Client. STAT® makes a rule that activities (mounted or unmounted) that an SEI Certified helmet be worn by anyone under the age of 18 years. For unmounted activities, 18 and under require a waiver signed by his/her legal guardian; and any adult can waive helmets for unmounted activities. However, all Clients are required to wear a helmet during mounted activities at STAT®.
7. VISITORS.
Should Client bring to STAT® any person who is not a party to an Equine Activity Liability Agreement with STAT, Client agrees to have this Liability Form signed prior to arrival at STAT®. Client further agrees to educate them as to the risks of being around horses and horse operations, supervise them, be solely responsible for their safety, and to be financially responsible for any injury or loss caused by or suffered by any such person, horses, and STAT® property.
8. SAFETY RULES.
Client agrees to follow such rules for safety as are attached or are subsequently provided to them. These are also posted as “STABLE RULES” at STAT® property. Client acknowledges that failure to follow STAT safety rules or the directions of STAT®’s staff may put her/him at risk of, or increase the risk of, personal injury.
9. SECURITY CAMERAS.
Client acknowledges, understands, and consents to security camera visual recordings operating 24/7 in public areas, such as the entrance, stable, barn, and perimeter areas. Only authorized STAT® clinical staff have access to such recordings and footage is continually recorded over, therefore never retained indefinitely.
10. PREMISES INSPECTION.
Client has inspected the farm's premises and facilities and/or have in some other way satisfied himself/herself that the condition of the premises and the facilities will provide an adequate and reasonable level of safety for Client and any guests, or visitors they bring on the premises.
11. OTHER TERMS.
This document states the entire agreement between the parties as to liability and may not be changed, except in writing signed by the parties. The benefits of this agreement, including the release of legal liability, waiver of rights, indemnity and covenant not to sue, are intended to benefit others, including STAT®’s officers, directors, shareholders, members, managers, agents, employees, representatives, assigns, affiliated organizations, insurers, and all others acting on STAT®’s behalf and the owner(s) of any horse or other property used by STAT®. This agreement shall be binding upon STAT®, Client, and Client's heirs or estate, when signed by the parties. If any clause, phrase or work is in conflict with State Law then that single part is null and void. This agreement and acknowledgments shall remain in force until terminated by Client through written notice to STAT® at the address above. The General Court of Justice Westmoreland County, Pennsylvania shall be the exclusive venue for any litigation between Client and the parties described above.