RELEASE AGREEMENT AND ASSUMPTION OF RISK
Please read and understand this document before signing. This document affects your legal rights.
In consideration of the services provided by The Common Ground Project, LLC (a Montana limited liability company), Daniel Anderson, and its agents, volunteers, participants, employees, and all other persons or entities acting on its behalf (collectively, “Common Ground”), I hereby agree to release and discharge Common Ground on behalf of myself, my children, my parents, my heirs, successors, assigns, personal representatives, and estate, as follows:
1. I acknowledge that engaging in recreational activities with Common Ground entails both known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to me, my property, or to third parties. The recreational activities consist of hiking, camping, wildlife viewing, natural history, ranching activities, and any and all other related activities (collectively, the “activity”). I understand that risk of injury simply cannot be eliminated without jeopardizing the essential recreational qualities of the activity.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. In assuming the risks inherent in the activity, I state that I am aware of and agree to be bound by the provisions of M.C.A. §§27-1-725 through 27-1-727, which provide that a sponsor of an equine activity, or an equine professional, is generally not liable for an injury to or the death of a participant engaged in the sponsored equine activities.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Common Ground from any and all claims, demands, or causes of action which are in any way connected with my participation in the activity, or my use of Common Ground’s equipment, facilities, or real property, including any such claims which allege negligent acts or omissions of Common Ground.
4. Should Common Ground or anyone acting on its behalf incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activity, or else agree to bear the costs of such injury or damage myself.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during activities engaged in with Common Ground, I may be found by a court of law to have waived my rights to maintain a lawsuit against Common Ground on the basis of this Release Agreement and Assumption of Risk, and based upon Common law.
I have read this entire document, understand it, and I agree to be bound by its terms.