RELEASE, WAIVER, HOLD HARMLESS, DEFEND AND INDEMNIFICATION AGREEMENT THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS – PLEASE READ CAREFULLY BEFORE SIGNING
The undersigned, as a Participant / Spectator / Visitor / Guest / Contractor / Volunteer / Staff / Trainer / Instructor / Assistant / Working Student (collectively "Participant"), on his/her own behalf and, if applicable, as the Parent/Legal Guardian of a minor Participant (minor included as "Participant"), for good and valuable consideration, and as a condition of participation in Equine Activities at Mt Hood Center, agrees to the terms and conditions of this Release, Waiver, Hold Harmless, Defend, and Indemnification Agreement ("Release").
1. Assumption of Risk and Waiver: Participant understands and accepts the risks of engaging in Equine Activities, while mounted or unmounted, as well as merely being near a horse or pony (collectively "equine"), include, but are in no way limited to, faulty equipment or tack that causes injury or death, Released Parties' failure to make a reasonable effort to determine the ability of Participant to engage safely in an equine activity or to safely manage the particular equine provided based on Participant's representations of his or her ability, Released Parties' failure to conspicuously post warning signs of a dangerous inconspicuous condition on the real property, as well as: (1) the propensity of an equine to behave in a way that may result in injury or death to a person on or near it (ex.: jump, run, kick, buck, bolt, spin, rear up, strike, bite, stumble, fall, etc.); (2) the unpredictability of an equine's reaction to a sound (ex.: doors opening and closing, snow and ice falling, rain, wind, thunder, voices, music, guns, etc.), movement, or unfamiliar object (ex.: machinery, equipment, obstacles, buggies, carts, barrels, poles, cones, flowers, flags, golf carts, mini-bikes, whips, bats, construction material, pond, etc.), person or animal (ex. leashed or unleashed dogs, wildlife, equines, etc.); (3) a collision with an object or another animal (ex.: fencing, natural and man-made obstacles, other equines, other people, etc.) (4) the potential for a person participating in an equine activity to act in a negligent manner, to fail to control the equine or to not act within his or her ability; and (5) natural hazards, including surface and subsurface conditions (ex.: ground holes, uneven terrain, slippery or deep footing, pond, etc.) (collectively "Inherent Risks"). Participant agrees that engaging in equine activities under this Release includes, but is in no way limited to: those defined in the Oregon Equine Activity Liability Act (ORS §30.687-697) ("the Act"), as well as riding, petting, grooming, leading, mounting, feeding, watching, boarding, and transporting equines, and otherwise interacting with or merely being in the vicinity of equines ("Equine Activities") and accepts and assumes these Inherent Risks exist even while not engaged in Equine Activities. Participant understands that illness, injuries, death, loss, damage, or other Loss (collectively "Loss") may result from the Inherent Risks, that equines are powerful and have the potential to be dangerous, even without warning, and that the Inherent Risks listed here are just a sampling and Participant is not relying on Released Parties to list all possible Inherent Risks of Equine Activities. Participant understands that Magdala LLC requires the wearing of an ASTM/SEI-certified equestrian helmet ("Helmet") for anyone under the age of 18 riding equines and anyone riding over fences. Participant understands and agrees that failing to wear a Helmet while engaged in Equine Activities increases the risk of serious injury and/or death. Participant is not relying on Released Parties to provide a Helmet, check a Helmet for proper fitting, or monitor the wearing of a Helmet at any time. Participant agrees that he/she understands and agrees to assume the risks and dangers inherent in Equine Activities, agrees to at all times to be responsible for his/her personal safety, to purchase and maintain his/her own health and liability insurance, remain responsible for his/her medical expenses, and waives his/her right to any claims arising from participation in or observation of any Equine Activities. The following shall be included as Released Parties under this Release and Participant agrees Released Parties are Equine Professionals or Equine Activity Sponsors under the Act: Magdala LLC, Kaluga LLC, Mt Hood Center, any owner(s) of the equine involved in the Loss, any owners of the real property where the Loss occurred, and any of these listed parties' respective spouse, relatives, heirs, agents, assigns, trusts, trustees, beneficiaries, trainers, employees, companies, working students, volunteers, independent contractors, guests, visitors, sponsors, event certifying bodies, members, managers, officers, directors, owners, lessor(ee), licensor(ee), or others acting on their behalf (collectively "Released Parties").
2. Release, Hold Harmless, Defend and Indemnify, Publicity Permission: Participant agrees to release, hold harmless, defend and indemnify Released Parties for any Loss incurred by Participant, Participant's property, and/or Participant's equine, even if such Loss is caused in any part by ordinary negligence or other fault of Released Parties (except gross negligence, willful or wanton disregard for Participant's safety causing the injury, or intentional injury). Participant permits, without limitation, qualification, or compensation, the right of Released Parties to photograph, videotape, and/or record Participant and/or Participant's minor children(s)'s name, face, likeness, voice, and appearance on television and/or social media, and/or in connection with exhibits, publicity, advertising, and any other promotional materials.
3. Governing Law, Jurisdiction, Time and Liability Limits, Attorneys' Fees, Jury Waiver: This Release shall be construed and enforced in accordance with the laws of the State of Oregon. All disputes relating to the interpretation and enforcement of this Release shall be resolved by the state court in Hood River County, Oregon and Participant submits to the jurisdiction and venue of the Court for such purpose. Participant agrees that this Release does not expire, that any and all claims and/or causes of actions for Loss by Participant must be brought within one (1) year of the date accrued, and any surviving claim for personal property Loss is limited to $250.00. The prevailing party shall be entitled to recover its attorneys' fees and costs incurred in enforcing the terms of this Release and/or in defending or prosecuting any such claims or causes of action. Participant agrees to waive trial by jury in any action with Released Parties.
4. Severability, Modification: If any provision of this Release is deemed invalid or unenforceable, the remaining provisions shall be valid and enforceable to the fullest extent of the law. This Release can only be modified in writing signed by Participant and an authorized agent of Magdala LLC.
5. Certification: Participant certifies that he/she has read this entire Release and understands that the signing of this Release is a condition of participation in Equine Activities at Mt Hood Center, knows that he/she has other facilities to choose from, and voluntarily intends on his/her own behalf, and on behalf of minor Participant, and Participant's spouse, parents, family members, heirs, agents, trustees, beneficiaries, representatives, successors, and assigns, to be bound by the terms and conditions contained herein.
The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which the Mt Hood Center (the "Organization") adheres to comply with.
The Mt Hood Center complies to all recommendations put forth by the Oregon Health Authority. While on the Mt Hood Center property we ask you to:
-Remain 6ft apart from fellow participants, families, and staff.
-Wear a facial mask or covering while inside all of the Mt Hood Center’s facility buildings. We do not require you to wear a mask while working with your horse.
-Respect and comply with the social distancing efforts put forth by Mt Hood Center staff.
In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:
-I am aware of the existence of the risk on my physical appearance to the venue and my participation in the activity of the Organization that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
-I have not experienced symptoms of fever, fatigue, difficulty in breathing, or dry cough or exhibiting any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
-I have not, nor any member(s) of my household, traveled by sea or by air, internationally within the past 30 days.
-I did not, nor any member of my household, visit any area within the United States that was reported to be highly affected by COVID-19, in the last 30 days .
-I have not, nor any member(s) of my household, been diagnosed to be infected of COVID-19 virus within the last 30 days.
Following the pronouncements above I hereby declare the following:
I am fully and personally responsible for my own safety and actions while and during my participation and I recognize that I may be, in any case, be at risk of contracting COVID-19. With full knowledge of the risks involved, I hereby release, waive, discharge the Organization, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19. I agree to indemnify, defend, and hold harmless the Organization from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.
By signing below I acknowledge that I have read the foregoing Covid-19 Liability Release Waiver and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; that I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.
This waiver will remain effective until laws and mandates relevant to COVID-19 are lifted.
Mt Hood Center Code of Conduct
This Code of Conduct has been prepared in conjunction with members of the community and Mt Hood Center (the “Center”) officials to gather input and assure representation of diverse views. The Center’s rules will continue to be developed in a manner that involves all stakeholders in the development and implementation of fair conduct rules.
The Code of Conduct reflects the ethics and values of the Center community. We ask that every person who enters Center property adhere to the ethics and values stated below:
Member, Student, Visitor, and Staff Rights
Everyone shall have the right to participate in a community that is physically safe from internal and external threats.
Everyone shall have the right to learn, play, and work in an environment free of harassment, intimidation, and bullying from peers or adults.
Everyone shall have the right to be respected by Center staff and their peers.
Everyone shall have the right to know the rules and expectations for their behavior.
Member, Student, Visitor, and Staff Responsibilities
Everyone shall be responsible for respecting Center property, ensuring that safe conditions continue in the Center facility.
Everyone shall be responsible for their behavior and shall refrain from harassing, intimidating, or bullying others.
Everyone shall be responsible for demonstrating respect for themselves through their personal hygiene, dress, and behavior.
Everyone shall be responsible for demonstrating respect for others through their use of appropriate language, avoiding profanity; racial and ethnic slurs; or any otherwise denigration of others through other verbal and nonverbal language or communication.
Everyone shall be responsible for preventing the abuse of animals.
The Center Code shall apply to conduct that adversely affects the Center community and/or the pursuit of its objectives. This conduct may occur at any time throughout the calendar year, on the Center premises, and at Center sponsored activities. Each person shall be responsible for personal conduct while on Center property or at Center sponsored events.
Anyone found to have committed, to have attempted to commit, or to have significantly aided in the following misconduct is subject to the disciplinary sanctions outlined in this code of conduct document. An attempt to commit a violation is a violation in and of itself. The fact that a person may be influenced by other aspects, such as but not limited to, alcohol or other drugs, during a violation shall in no way limit or excuse the person’s responsibility for the consequences of their behavior.
Violation of Law
Violation of any federal, state or local law.
Violation of Mt Hood Center Posted Rules and Regulations
Violation of any Center policy, rule, or regulation published in hard copy or available electronically on the Center website.
Animal Rights & Cruelty
The Center complies with all animal cruelty laws created and enforced by the Oregon Humane Society. The Center does not tolerate any form of animal abuse which includes but is not limited to using excessive force, fear tactics, or neglect of an animal.
To learn more, please read the Oregon Animal Cruelty Laws Handbook created by the Oregon Humane Society:https://www.oregonhumane.org/wp-content/uploads/08-20-14_law_book2.pdf
Threatening, Endangering, and/or Discriminatory Behavior
Physical abuse, sexual misconduct, domestic violence, verbal abuse, threats, intimidation, harassment, restraint, coercion, bullying, stalking and/or other conduct which threatens or endangers the health or safety of any person will not be tolerated at the Mt Hood Center.
Additionally, any unwelcome verbal, physical, or other (including electronic or on the Internet) conduct that violates a human or has the purpose or effect of harassing an individual or group based on race, color, religion, sex, gender identity, national origin, age, sexual orientation, or disability. This includes any conduct that is severe or pervasive enough to:
create an environment that a reasonable person would consider intimidating, hostile, offensive, abusive, or demeaning;unreasonably interferes with an individual’s work, play, or learning environment.
It also includes, but is not limited to, epithets, slurs, jokes, negative stereotyping, or other behavior deemed demeaning or disruptive.
Weapons and Dangerous Materials
Possession of firearms, explosives, other weapons, or dangerous chemicals on the Center premises or use of any item, even if legally possessed, in a manner that harms, threatens or causes fear to others. Possession or use of any item in a manner that harms, threatens or causes fear to others. Discharge of a firearm on the Center premises will result in immediate suspension or expulsion.
Property Theft and/or Damage
Attempted or actual theft of, unauthorized use of and/or damage to property of the Center, or property of a member of the Center community, or other personal or public property, on or off the Center premises.
Deliberately attempting or actually setting a fire which may create substantial risk of damage to person(s) or property, attempting or actually causing a false fire alarm, or attempting or actually tampering with or decreasing the effectiveness of any fire safety equipment. This may include, but is not limited to, covering, attaching to, or hanging items from smoke detectors, fire alarms, and sprinkler heads. Also included is the unsafe storage, handling or use of flammable substances and igniting devices. In addition, the failure or delay to evacuate an area during an alarm or emergency situation.
Use, possession, or distribution of alcoholic beverages (except as expressly permitted by the Center’s OLCC regulations), or obvious intoxication. This includes the promotion of binge drinking or rapid, excessive alcohol consumption, or the aiding of another to obtain alcohol inappropriately. Alcoholic beverages may not, in any circumstance, be used by, possessed by or distributed to any person under twenty-one (21) years of age. This includes, but is not limited to, all violations of State and Federal laws. All activities and events where alcohol is served must be authorized through appropriate Center personnel and conducted in accordance with Oregon Liquor License regulations.
Tobacco & Inhalant Delivery Systems
In compliance with ORS 431A.175 and ORS 339.883, tobacco products and inhalant delivery systems may not be possessed or used by any person under twenty-one (21) years of age on the Center premises or at Mt Hood Center-sponsored activities.
“Inhalant delivery system” means: (i) A device that can be used to deliver nicotine, tobacco, or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or (ii) A component of a device described above, or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described above, whether the component or substance is sold separately or is not sold separately.
This policy does not apply to a person for whom a tobacco or nicotine product or a substance to be used with an inhalant delivery system has been lawfully prescribed, such as for cessation purposed.
Illegal Substances/Illegal Use of Substances/Paraphernalia
Use or possession of illegal or potentially harmful substances, including, but not limited to, marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law. Possession of items that facilitate the use of illegal substances such as pipes, bongs, and/or homemade devices are prohibited, except as expressly permitted by law. This includes, but is not limited to, all violations of State and Federal laws. Also the illegal or harmful use of legal substances.
Distribution and/or Manufacturing of Illegal Substances
The manufacturing or distribution of illegal or potentially harmful substances, including, but not limited to, marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law. This includes, but is not limited to, all violations of State and Federal laws. Because this behavior is actively destructive to the fabric of the community, sanctions related to the conduct will be more severe.
Failure of Compliance
Failure to comply with directions of Center officials, law enforcement officers, or emergency personnel acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so. In some cases “officials” may be students employed to act on behalf of the Center.
Acts of dishonesty, including but not limited to the following:
Furnishing false information to any Center official, instructor, or office.
Forgery, alteration, or misuse of any Center document, record, or instrument of identification.
Abuse of Code of Conduct
Abuse of the Center Code of Conduct, including but not limited to any behavior that attempts to influence, inhibit, or interfere with the Code of Conduct violation enforcement process:
Falsification, distortion, or misrepresentation of information before Center officials and staff.
Disruption or interference with the orderly conduct of a Center Code of Conduct violation enforcement proceeding.
Institution of a Code of Conduct violation enforcement proceeding in bad faith.
Attempting to discourage an individual’s proper participating in, or use of, the Code of Conduct violation enforcement process.
Attempting to influence the impartiality of a member of the Center prior to, and/or during the course of, the Code of Conduct violation enforcement proceeding.
Harassment (verbal or physical) and/or intimidation of a member of a Center official prior to, during, and/or after a Code of Conduct violation enforcement proceeding.
Influencing or attempting to influence another person to commit an abuse of the Code of Conduct.
Retaliation against any individual making a good faith report of a policy violation or for participating or cooperating in the Code of Conduct violation enforcement process.
Failure to Protect the Greater Good
Failure to act on the concern of one’s own or another’s welfare. Failing to report to a Center official dangerous conditions which pose significant risk of property damage or imminent personal or animal harm.
Conduct that infringes on the rights, safety or dignity of others.
Disciplinary Charges and Proceedings
Any member of the Center community may provide information to a Center official alleging violations of the Code of Conduct. When a Center community member thinks they have been a victim of an individual or group’s misconduct, the individual will have the same rights under this Code of Conduct as those provided to the alleged violator, even if another member of the Center community submitted the charge itself. A report shall be prepared in writing and directed to the Director of Operations, Aaron Shelley at firstname.lastname@example.org. A report should be submitted as soon as possible after the event takes place.
The Director of Operations or designee, acting as a Conduct Officer, will determine if the charges have merit. If the alleged violations are not admitted and/or the Conduct Officer determines that the alleged violations cannot be disposed of through an admission, a meeting must occur before Center officials. If the individual admits to a policy violation, but objects to the sanction(s) imposed, they may appeal the sanction(s) only. These dispositions will be documented in the individual’s conduct file.
All alleged violations shall be presented to the accused violator in written form. The accused violator has the right to view all documents, reports, and evidence related to their alleged violations.
There shall be a single verbatim record, such as a digital recording, of all Code of Conduct violation enforcement meetings. Deliberations shall not be recorded. The record shall be the property of the Center and shall be kept for the appeal period of seven (7) business days. In the event of an appeal or circumstances in which sanctions include expulsion or suspension from the Center, the record may be kept by the Center for a longer period of time, the time period of which shall be at the discretion of the Center.
If an accused violator, with notice, does not appear before a Code of Conduct violation enforcement meeting, the information in support of the alleged violations shall be presented and considered even if the accused violator is not present.
The Center may accommodate concerns for the personal safety, well-being, and/or fears of confrontation expressed by the complaining party, the accused violator, and/or other witness(es) during the hearing by the use of different venues and/or modalities or other means, as deemed appropriate by the Center.
In matters involving possible sexual misconduct, the complaining party shall be informed of the existence of all resources available and the ramifications of each possible course of action. As much as possible, decisions to pursue or not pursue Code of Conduct violations or invoke the Code of Conduct violation enforcement proceeding will be left to the discretion of the complaining party, except in those matters when their safety, or the safety of others, may dictate that some action or intervention be taken by the Center at the sole discretion of the Center.
Disciplinary sanctions shall be viewed as progressive to meet the severity and nature of any offense and to be appropriate for the age and maturity of the individual involved. The foremost element of all discipline shall be to create a positive experience for everyone at the Center and to highlight a sense of responsibility for one's actions and to prevent future behaviors that may escalate in severity.
Disciplinary sanctions for Code of Conduct violations shall include, but not be limited to:
Informal reprimand- A verbal reprimand conducted by a designated Center official.
Formal reprimand- A written notice to the violator that he or she is or has violated the Center’s regulations.
Fines- Previously established and published fines may be imposed.
Restitution- Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
Suspension- Separation of the violator from the Center property for a determined period of time, after which the violator is eligible to return. The duration of the separation will be commensurate with the severity of the offense.
Expulsion- Permanent separation of the violator from Center property.
2. More than one of these sanctions listed above may be imposed for a single violation.
3. The sanctions listed above may be imposed on an individual or group.
By signing below, I agree that the Code of Conduct terms are clear and unambiguous, are fair and reasonable, and are not against public policy. I agree to each and every term and condition as a prerequisite for permitted access to the Mt Hood Center which I enter voluntarily knowing I have other facilities to choose from for my intended activities.