South Forty Student Guidelines and Liability Form
ALL STUDENTS AND PARENTS/LEGAL GUARDIANS - please read and complete any information requested, sign and submit to their riding instructor, Jason Cole or Amanda Cole Kohnen, at South Forty by your first lesson.
PLEASE READ CAREFULLY BEFORE SIGNING. DEATH OR SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. SOUTH FORTY FARMS IS OWNED BY DIANE COLE, JASON COLE AND AMANDA COLE KOHNEN ARE INDEPENDENT CONTRACTORS/RIDING INSTRUCTORS. DIANE COLE, JASON COLE, AND AMANDA COLE KOHNEN DO NOT GUARANTEE YOUR SAFETY.
A. REGISTRATION OF RIDERS AND AGREEMENT OF PURPOSE: In consideration of the payment of a fee and the signing of this agreement, I, the following individual listed as "Student," and the parent or legal guardians thereof if a minor, do hereby voluntarily request and agree to participate in riding instruction as a student of Jason Cole or Amanda Cole Kohnen, riding on property named South Forty Farms, which is owned by Diane Cole and that this student will, today and on all future dates, ride either his/her own horse or a horse provided by South Forty Farms for instruction purpose.
IF YOU ARE NERVOUS OR UNCOMFORTABLE AROUND HORSES, PLEASE INFORM YOUR INSTRUCTOR IMMEDIATELY.
B. AGREEMENT SCOPE, GOVERNING LAW AND DEFINITIONS: This agreement shall be legally binding upon me, the registered student, and the parents and/or legal guardian's thereof (if minor), my heirs, estate, assigns including all minor children and personal representatives. It shall be interpreted according to the laws of the State of Kentucky. If any clause, phrase or word is in conflict with state law, then that single part is null and void. The term "Horse" herein shall refer to any equine animal. The term "Student" and/or "Rider" shall herein refer to a person who rides a horse mounted or otherwise handles or come near a horse from the ground. The term "I", "me", "my" shall herein refer to the above registered student rider and the parents or legal guardians thereof if a minor.
C. ACTIVITY RISK CLASSIFICATION: I UNDERSTAND THAT: Horseback riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. Horse activities rank in the top 100 activities of people relative to injuries that result in a stay at U.S. hospitals. Related injuries can be severe, requiring more hospital days and resulting in more lasting residual effects than injuries in other activities.
D. NATURE OF HORSES: I UNDERSTAND THAT: No riding 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 rider falls from the horse to the ground, it will generally be at a distance of 3 1/2 to 5 1/2 feet, and the impact may result in injury to the rider. Horseback riding is the only sport where on much smaller, weaker predator animal (human) tries to impose its will on, and become one unit of movement with another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other. If a horse is startled, frightened or provoked it may divert from its training and act according to its natural survival instincts. Its acts may include, by are not limited to: Stopping short; changing directions or speed at will; shifting its weight; bucking; rearing; kicking, biting, failing to respond to commands, running into objects or running from danger.
E. STUDENT RIDER RESPONSIBILITY: I UNDERSTAND THAT: The student rider is in primary control of the horse. The rider's safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced and calm both around and aboard the moving animal. I agree that the rider shall be responsible for his/her own safety.
F. CONDITIONS OF NATURE: I UNDERSTAND THAT: Jason Cole or Amanda Cole Kohnen, independent contractors/riding instructors, and by riding on property named South Forty Farms, which is owned by Diane Cole, are NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: Thunder, lightning, rain, wind, sound, sudden movement, unfamiliar objects, humans, wild and domestic animals, insects and/or reptiles which may walk, run or fly near, or bite or sting a horse or person; irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature and natural and man-made changes in landscape.
G. CONDITIONS OF PREMISES: In consideration of being permitted to enter for any purposes any restricted area (herein defined as including, but not limited to the arenas, stables, walkways, round pens, hot walkers, fields, training areas, equipment rooms, horse bathing stall, and other areas appurtenant to any area where any activity relating to an equine activity shall take place), or being permitted to participate in any way in any equine activity I/we, for myself and my personal/legal representatives, guardians, next of kin, and assigns acknowledges, agrees and represents that he/she has, or will immediately on entering any of such restricted areas, and will continuously thereafter inspect such restricted areas and his/her participation, if any, in an equine activity constitutes an acknowledgement that he/she finds and accepts the area as being safe and reasonable suited for the purposes of its use, and he/she further agrees and warrants that if, at any time, he/she is in restricted areas and he/she feels anything to be unsafe, he/she will immediately advise the instructor and will immediately leave the restricted area.
H. EQUIPMENT AND TACK: I UNDERSTAND THAT: In consideration of being permitted to use the equipment and/or tack owned by Jason Cole or Amanda Cole Kohnen, independent contractors/riding instructors, and by riding on property named South Forty Farms, which is owned by Diane Cole, I/we for myself and my personal/legal representatives, guardians, next of kin, assigns and acknowledges, agrees and represent that he/she has, or will immediately before using such equipment or tack, and will continuously thereafter inspect such equipment and/or tack, and does further warrant that his/her use of such equipment and/or tack constitutes an agreement that he/she finds and accepts such equipment and/or tack as being safe and reasonable suited for the purposes of its use. He/she further agrees and warrants that if, at any time, he/she feels any equipment and/or tack are unsafe, he/she will immediately advise the instructor and will immediately stop using such equipment and/or tack or will immediately correct the condition which makes the equipment or tack unsafe. For example, saddle girths (saddle fasteners around the horse's belly) may loosen during the ride. If a rider notices this, he/she must alert the riding instructor as quickly as possible so action can be taken to avoid slippage of the saddle and a potential fall from the animal.
I. PROTECTIVE HEADGEAR WARNING: I AGREE THAT: I have been fully warned and advised by Jason Cole or Amanda Cole Kohnen, independent contractors/riding instructors, and by Diane Cole, owner of South Forty Farms, that I must purchase and wear protective headgear (ASTM/SEI certified F 1163, equestrian riding helmet), and do understand that the wearing of such headgear while mounting, riding, dismounting, and otherwise being around horses may prevent or reduce the severity of some head injuries and even prevent death from happening as a result of a fall or other occurrence.
J. ACCIDENTAL/MEDICAL INSURANCE: I AGREE THAT: Should medical treatment be required, I and/or my own accidental/medical insurance company shall pay for all such incurred expenses.
K. LIABILITY RELEASE & INDEMNIFICATION: I AGREE THAT: In consideration of Jason Cole or Amanda Cole Kohnen, independent contractors/riding instructors, and on property named South Forty Farms, which is owned by Diane Cole, allowing my participation in any equine activity, I, the student rider and the parent or legal guardian thereof, if minor, hereby:
1. Release, waive, discharge, hold harmless and covenants not to demand, sue or otherwise claim from Jason Cole or Amanda Cole Kohnen, independent contractors/riding instructors, and property named South Forty Farms, which is owned by Diane Cole, its premises, owners, affiliated organizations, equine activity sponsor, equine professional, lessor or operator of the equine facilities, equine owner or leaser, and each of them, their owners, agents, employees, officers, directors, shareholders, members (all herein collectively referred to as "Releasees") from all liability to the undersigned, his/her personal/legal representatives, guardians, next of kin, and assigns, for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the Releasees or otherwise while the undersigned is in or upon restricted areas, and/or participating in any equine activity.
2. Agree to indemnify and to hold harmless the Releasees and each of them from any loss, liability, damage, or cost that they might incur due to the presence of the undersigned in or on the restricted area or in any way participating in any equine activity, whether caused by the negligence of the Releasees or otherwise.
3. Assumes full responsibility for and risk of bodily injury, death or property damage due to the negligence of Releasees or otherwise while in or on a restricted area and/or while participating in any equine activity.
I, the student rider, and the parent or legal guardian thereof if a minor, expressly acknowledges and agrees that equine activities are very dangerous and involve the risk of serious injury and/or death and/or property damage. I, the student rider, and the parent or legal guardian thereof, if a minor, further expressly agrees that the above release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Kentucky, and that if any portion of this agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
The following Student Guidelines are effective August 5th, 2017. For all students and parents, please review these carefully.
In working with the Rocky Mountain/Kentucky Mountain Saddle Horse breeds, lessons are based on saddleseat instruction. The following guidelines are items that will make lessons run a little more smoothly. Some of this list is riding guidelines that assist in your safety, some items are to help with the business part of the lesson program.
Lessons are to be paid for one month in advance, at the first lesson of each month. Payments made after the 10th of each month will be charged a $10 late fee, payments made after the 20th of each month will be charges a $20 late fee. If you have any questions, feel free to contact instructors and we will assist you in anyway possible.
1. ASTM/SEI certified F 1163, equestrian riding helmets must be worn when riding the horses. Within one month of starting lessons, all students must purchase their own helmets. For those 18 and over, the use of helmets is your own personal choice. However, we always encourage the use of helmets for safety while riding.
2. Wear shoes with a heel. No tennis shoes, dress shoes, or sandals may be worn when around horses. Boots with a light tread on the bottom and 1/4-1/2 inch heel are required.
3. Riders and Spectators - Do not yell, scream, rough-house around the horses. Please do not throw rocks, toys, or dirt onto the side of indoor arena, the noise can spook the horses. Please do not throw rocks, bounce balls, or rough-house in or around the barns where horses live - it's kind of like thumping on fish tanks - it's aggravating to the horses who live inside when they have scary noises and are trapped in stalls.
4. Please do not feed the horses! There is a good chance you might get bitten.
5. Please NO SMOKING anywhere on the farm grounds. No alcoholic beverages of any kind allowed on the premises.
6. We post “QUIET WEEKS” on certain weeks of the month, where we request no visitors at the lesson areas (usually the second and fourth week). This allows the riders times where they can devote all their attention to the learning process. Please watch for signs posted in the barn areas (big yellow and white signs at either end of barn). Other weeks are open to family and friends.
7. A lesson will be excused for emergencies only. This includes sickness, death in the family, unexpected injury, etc. These should be rare, and we, as the instructors will be the judge of their validity. For approved absences, that lesson fee (if already paid) will be credited to the next months payment if a make up lesson cannot be scheduled.
8. For conflicts with special activities such as school programs, dental appointments, etc., you should call instructors cell phone number as soon as possible to discuss options. If we do not receive 24 hours notice, a make up time will not be offered and fees will be charged.
9. Last minute cancellations (less than 24 hours notice), and “no shows” will be charged the full lesson fee for the unused time reserved for the student. For no shows, where we receive no notice before the lesson time begins, fees will be charged, regardless of the reason for absence. This guideline also applies to make up lessons - if a make up lesson is a no-show, we will not offer another makeup option, but will keep the fee for the time we were waiting at the barn. There will be no make up lesson offered for these absences.
10. If a rider misses more than three consecutive lessons without payment, their lesson time slot will go to another person. If riders should wish to discontinue lessons at any time, we require two weeks notice.
11. FOR ANY LESSON CANCELLATIONS, LEAVE A MESSAGE ON AMANDA OR JASON'S CELL PHONE 270-202-0284 (Amanda) or 270-202-6796 (Jason). We cannot always check email and will consider the cancellation a "no show" if we receive an email message on the day of the lesson.
12. We usually do not teach on the following holidays: New Years Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Years Eve. If riders should choose to not come to a lesson on a holiday other than those listed above, it is considered a non-emergency cancellation, lesson fees will be charged, and no make up is offered. Other holidays are decided upon closer to their actual date, and are dependent on family and horse showing activities.
13. We do have a building available for students to store their equipment in (ex. helmets, saddles, grooming supplies). All equipment left at South Forty must have owners name or initials on it somewhere and kept in a neat/tidy manner. If a student should quit lessons, their equipment will be held for 3 months. After that time, they surrender ownership of the items, and we may move them out of the building to make room for other items.
14. With the indoor riding arena, we can ride through most weather situations. However, lessons can be postponed for lightning, thunder, or high winds. Please call to check with instructor on those days. If weather is severe 45 minutes prior to lesson, it is possible lessons will be canceled.
15. Any minor age sibling or friend of a student must stay with a legal adult at all times while at South Forty Farms. No minor is to be left unattended. They may not enter any pastures, or go into any private areas of South Forty Farms.
16. ALL guests at South Forty Farms are only allowed in the public areas of the farm. This means family and friends can visit and watch in the spectator area of the indoor riding arena, may watch lessons from the lane beside the outdoor arena (are not allowed in the center of any arenas), and may be in the "big barn" area.
No visitors are allowed into any yards of farm family, allowed past the outdoor dog kennels (which lead to smaller barn and main farm house), and no parents, siblings, or visitors are allowed in any pastures. This is for the safety of all, including the animals that depend on us to keep them safe and secure. If we find any guests in pastures or the smaller barn, we reserve the right to ask that guest to remain at their vehicle for the remainder of the visit.
Those students who own and board horses at South Forty are also to follow the guest/visitor rules. While a youth rider is allowed to take a parent or guardian into a pasture to help them catch the horse they own, no guests/visitors/siblings under the age of 18 are allowed in the pastures.
SIGNER STATEMENT OF AWARENESS
I/WE THE STUDENT RIDER, AND THE PARENT OR LEGAL GUARDIAN THEREOF IF MINOR, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FORGOING AGREEMENT, WARNINGS, RELEASE, AND ASSUMPTION OF RISK, AND HAS READ AND VOLUNTARILY SIGNS THIS AGREEMENT, AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE ABOVE WRITTEN AGREEMENT HAVE BEEN MADE BY ANY OF THE RELEASEES. THE UNDERSIGNED FURTHER ATTEST THAT ALL FACTS RELATED TO THE APPLICANT'S PHYSICAL CONDITION, EXPERIENCE, AND AGE ARE TRUE AND ACCURATE. IF ANY INFORMATION PROVIDED HEREIN CHANGES, THEN I/WE WILL IMMEDIATELY NOTIFY SOUTH FORTY FARMS OF SUCH CHANGE IN WRITING.
All riders and parents or legal guardians must sign below after reading this entire document.