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Horse Rescue Ranch (951) 295-8114

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RELEASE AND WAIVER OF LIABILITY AGREEMENT


 

I am aware that the above-described activities are hazardous activities, and I am voluntarily participating in these activities with knowledge of the danger involved, and agree to assume any and all risks of bodily injury, death or property damage. I verify this statement by placing my initials here: __________.

Parent or guardian?s signature initials (if under 18): ________________.

As consideration for being permitted by Giddings Horse Ranch and the State of California to participate in these activities and use of their facilities, I hereby agree that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue or attach property of Giddings Horse Ranch or any of their affiliated organizations for injury or damage resulting from the negligence or other acts, however caused, by any director, employee, agent or contractor of Giddings Horse Ranch or any of their affiliated organizations as a result of my participation in the activities described above. I forever release the Giddings Ranch or any of their affiliated organizations from any and all action, claims, or demands that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have or may hereafter have for injury or damage resulting from my participation in the activities described above.

 

I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself and Giddings Ranch or any of their affiliated organizations and sign it of my own free will.

 

Executed at _________________________, California on ____________, 20__.

 

PARTICIPANT/RELEASER PARENT/GUARDIAN

 

PARTICIPANT/RELEASER PARENT/GUARDIAN

_________________________________ _____________________________

Address:__________________________ Address:______________________

_________________________________ _____________________________

_________________________________ _____________________________

 

 

If you are under 18 years of age, you and your parent or guardian must sign and initial this form where indicated.

 

 



GIDDINGS . Equine Donation Form Page 1 of 4

Equine Donation Form & Agreement

(951) 295-8114

Leighannhorserescue@gmail.com

To donate your horse to GIDDINGS Horse Rescue, please complete this entire form and agreement. This information is

very important to insure the proper care of your horse. It will also help us place your horse in the best home

possible. We will contact you to make arrangements for your horse once this document is returned to us; however

please be aware that we may not have space available for your horse at the time you submit this form.

Date:

Name:

Address:

City, State Zip & County:

Email Address: Phone #(s):

Name of Horse: Nick-name:

Breed: Sex: Gelding / Mare / Stallion*

* Stallions must be gelded before coming to GIDDINGS .

Age:______ Height:_______ Weight:______ Color:

Scars:

Markings:

If Registered list Registries & Numbers:

Tattoo/Chip/Other:

Date of Last Coggins Test & Result:_________________________ Do you have the paper? Y/N*

* You must show proof of a negative Coggins (no more than one year old) before your horse can be moved to a GIDDINGS . facility

Date of last worming & type of wormer used:

Vaccinations - Give date last received:

E&W ______ Flu _______ Tetanus _______ Rhino _______ West Nile ________ Rabies _______

Known injuries:

Known lameness issues:

GIDDINGS . Equine Donation Form Page 2 of 4

Date last seen by vet & why:

Date of last floating: _______________ Does he/she crib: Y/N

Date of last trim: ___________________ Does he/she wear shoes: Y/N ~ Front/Back

What type of feed & hay, how much and how often has your horse been eating:

Has your horse been out on pasture y/n : if yes, how often:

What supplements is your horse given:

Is horse trained to ride: Y/N : If yes, can horse be ridden: Y/N

List any riding limitations:

Disciplines Trained In (ie; western pleasure, english pleasure, dressage, hunter, jumper, trail, etc):

Can be ridden by what level of rider: Beginner / Intermediate / Advanced (circle all that apply)

Is horse trained to drive: Y / N : if yes can horse be driven: Y/N

List any driving limitations:

List any bad habits under saddle or in cart (ie; bucking, rearing, rushing, bolting, not on bit, not stop, spooks, etc):

Does horse get along well with other horses:Yes / No, if no why:

List any bad ground manners (ie; bite, kick, crowd, rushing, spooky, etc):

List any bad habits in stall (ie; kicking walls, chewing wood, cribbing, territorial, stall walking, weaving, etc):

Will you need GIDDINGS . to pick up your horse: Yes / No

.... We can only pick up horses within one hour from the facility or office and there is a fee of $35 plus .35 cents per mile

Name of facility where horse is located:

Address of facility:

GIDDINGS . Equine Donation Form Page 3 of 4

City, State, Zip & County:

Facility Owner & Phone#:

Do you need to move your horse by a certain date: Yes/No, if yes when:

Will you be donating any tack for your horse: Y / N : if yes please list:

Will you be donating any grooming supplies for your horse: Yes / No : if yes please list:

You must donate 2 bags of feed and 4 bales of good quality hay with your horse. Will you be

donating any supplements for your horse: Yes / No, if yes please list:

Will you be donating any funds to help care for your horse: Y / N , if yes list amount $__________

Would you like us to give you periodic updates about your horse unitl adopted: Yes / No

DECLARATION OF GIFT AND INDEMNITY AGREEMENT

THIS DECLARATION OF GIFT AND INDEMNITY AGREEMENT (the "Agreement") dated as of

_____________, 20__, is made by and between GIDDINGS Horse Rescue.

corporation and is based upon the following facts:

A. Donor is the owner of said horse described on page 1 and herein referred to as (the "Horse").

B. Donor hereby desires to give to GIDDINGS . all of Donor's right, title and interest in and to the

Horse.

C. As a condition to accepting the Horse, GIDDINGS . has requested that Donor indemnify it against

actual losses GIDDINGS . may suffer due to the initiation of legal proceedings brought against

Donor and/or GIDDINGS . arising from Donor's former ownership of the Horse.

In consideration of the mutual promises set forth in this Agreement, and for good and valuable

consideration the receipt of which is hereby acknowledged, the parties hereto agree as follows:

1. Gift of Horse: Donor hereby transfers, conveys and assigns all of Donor's right, title and

interest in and to the Horse, and based upon the terms and conditions contained herein,

GIDDINGS . hereby accepts the Horse.

2. Registration Papers: Donor hereby agrees to endorse and/or deliver within ten (10) days from

the date hereof, any and all documents necessary and appropriate so that the registration

papers for the Horse can be transferred into GIDDINGS .'s name or into the name of any

subsequent transferee of the Horse, as GIDDINGS . shall direct.

3. Representation of Donor: Donor hereby represents and warrants to GIDDINGS . that:

1. Donor owns full, exclusive and irrevocable right, title and interest in and to the Horse;

2. that no liens encumber title to the Horse;

3. that no other person, corporation, partnership or other entity has any right, title, claim or

interest in, against or to the Horse; and

4. Donor agrees not to do any acts which would adversely affect or interfere with GIDDINGS .'s

activities with respect to the Horse or otherwise.

4. Indemnification: Donor hereby agrees to indemnify, defend and hold harmless GIDDINGS ., its

owners, board of directors, employees and agents, from and against any and all losses,

damages, deficiencies, claims, demands, suits, actions, liabilities, proceedings, judgements and

expenses (including reasonable attorneys' fees), and amounts paid or to be paid in settlement,

reasonably incurred or suffered by GIDDINGS ., its owners, board of directors, employees and

GIDDINGS . Equine Donation Form Page 4 of 4

agents, in connection with or arising out of:

1. a breach of any agreement and/or representation of Donor contained in this Agreement;

2. any suit, action or other proceeding brought by a third party for acts of Donor prior to the

date of transfer of the Horse to GIDDINGS . involving any transactions, either directly or

indirectly, relating to the Horse; or

3. any suit, action or other proceeding brought by a third party for any damages arising

from the use, activities or other transactions in which the Horse may have been involved,

either directly or indirectly, prior to the date of transfer herein.

5. Right of Defense: Donor hereby agrees at GIDDINGS .'s option to defend GIDDINGS . in any such

matters arising under paragraph 4 above, or GIDDINGS . may maintain its own counsel, in which

case Donor shall reimburse GIDDINGS . for such reasonable fees and costs.

6. Notice of Claim: Should any claim be made in which GIDDINGS . is entitled to indemnification (a

"Claim"), GIDDINGS . shall, within twenty (20) days of receipt of such Claim, give written notice

thereof to Donor.

7. Notices: All notices required or permitted hereunder shall be in writing and shall be delivered in

person or sent by certified mail, return receipt requested, postage prepaid to the addresses of

GIDDINGS . and Donor set forth by their respective signatures below. Each party may change such

address by written notice as provided herein.

8. Governing Law: This Agreement and the rights of the parties hereunder shall be governed and

construed in accordance with the laws of the State of Ohio.

9. Attorney's Fees: In the event of any dispute or litigation arising out of or relating to the

meaning, interpretation or breach of this Agreement or compliance or noncompliance with the

terms of this Agreement, the prevailing party shall be entitled to receive from the non-prevailing

party reasonable attorneys' fees and costs.

10. Successors and Assigns: This Agreement shall be binding upon, and shall inure to the benefit

of, the heirs, executors, personal and legal representatives, successors and assigns of the

parties hereto.

11. Amendment: No amendment to this Agreement shall be effective unless such amendment is in

writing and signed by each of the parties to this Agreement.

12. Counterparts: This Agreement may be signed in counterpart or duplicate copies, and any

signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes.

13. Entire Agreement: This Agreement and the Declaration constitute the entire understanding

and agreement of the parties with respect to the subject matter hereof, and any and all prior

agreements, understandings or representations are hereby terminated and cancelled in their

entirety and are of no further force or effect.

I CERTIFY THAT ALL OF THE INFORMATION CONTAINED HEREIN IS CORRECT AND TRUE.

Sign & Date:

___________________________________________________________________________________

Please mail this completed application (signed & dated) to the address at the top of the form

Thank you, we look forward to meeting you & your horse!. Equine Donation Form Page 1 of 4

Equine Donation Form & Agreement

(951) 295-8114

Leighannhorserescue@gmail.com

To donate your horse to GIDDINGS Organization, please complete this entire form and agreement. This information is

very important to insure the proper care of your horse. It will also help us place your horse in the best home

possible. We will contact you to make arrangements for your horse once this document is returned to us; however

please be aware that we may not have space available for your horse at the time you submit this form.

Date:

Name:

Address:

City, State Zip & County:

Email Address: Phone #(s):

Name of Horse: Nick-name:

Breed: Sex: Gelding / Mare / Stallion*

* Stallions must be gelded before coming to GIDDINGS .

Age:______ Height:_______ Weight:______ Color:

Scars:

Markings:

If Registered list Registries & Numbers:

Tattoo/Chip/Other:

Date of Last Coggins Test & Result:_________________________ Do you have the paper? Y/N*

* You must show proof of a negative Coggins (no more than one year old) before your horse can be moved to a GIDDINGS . facility

Date of last worming & type of wormer used:

Vaccinations - Give date last received:

E&W ______ Flu _______ Tetanus _______ Rhino _______ West Nile ________ Rabies _______

Known injuries:

Known lameness issues:

GIDDINGS . Equine Donation Form Page 2 of 4

Date last seen by vet & why:

Date of last floating: _______________ Does he/she crib: Y/N

Date of last trim: ___________________ Does he/she wear shoes: Y/N ~ Front/Back

What type of feed & hay, how much and how often has your horse been eating:

Has your horse been out on pasture y/n : if yes, how often:

What supplements is your horse given:

Is horse trained to ride: Y/N : If yes, can horse be ridden: Y/N

List any riding limitations:

Disciplines Trained In (ie; western pleasure, english pleasure, dressage, hunter, jumper, trail, etc):

Can be ridden by what level of rider: Beginner / Intermediate / Advanced (circle all that apply)

Is horse trained to drive: Y / N : if yes can horse be driven: Y/N

List any driving limitations:

List any bad habits under saddle or in cart (ie; bucking, rearing, rushing, bolting, not on bit, not stop, spooks, etc):

Does horse get along well with other horses:Yes / No, if no why:

List any bad ground manners (ie; bite, kick, crowd, rushing, spooky, etc):

List any bad habits in stall (ie; kicking walls, chewing wood, cribbing, territorial, stall walking, weaving, etc):

Will you need GIDDINGS . to pick up your horse: Yes / No

.... We can only pick up horses within one hour from the facility or office and there is a fee of $35 plus .35 cents per mile

Name of facility where horse is located:

Address of facility:

GIDDINGS . Equine Donation Form Page 3 of 4

City, State, Zip & County:

Facility Owner & Phone#:

Do you need to move your horse by a certain date: Yes/No, if yes when:

Will you be donating any tack for your horse: Y / N : if yes please list:

Will you be donating any grooming supplies for your horse: Yes / No : if yes please list:

You must donate 2 bags of feed and 4 bales of good quality hay with your horse. Will you be

donating any supplements for your horse: Yes / No, if yes please list:

Will you be donating any funds to help care for your horse: Y / N , if yes list amount $__________

Would you like us to give you periodic updates about your horse unitl adopted: Yes / No

DECLARATION OF GIFT AND INDEMNITY AGREEMENT

THIS DECLARATION OF GIFT AND INDEMNITY AGREEMENT (the "Agreement") dated as of

_____________, 20__, is made by and between GIDDINGS ORGANIZATION, INC.

corporation and is based upon the following facts:

A. Donor is the owner of said horse described on page 1 and herein referred to as (the "Horse").

B. Donor hereby desires to give to GIDDINGS. all of Donor's right, title and interest in and to the

Horse.

C. As a condition to accepting the Horse, GIDDINGS. has requested that Donor indemnify it against

actual losses GIDDINGS may suffer due to the initiation of legal proceedings brought against

Donor and/or GIDDINGS. arising from Donor's former ownership of the Horse.

In consideration of the mutual promises set forth in this Agreement, and for good and valuable

consideration the receipt of which is hereby acknowledged, the parties hereto agree as follows:

1. Gift of Horse: Donor hereby transfers, conveys and assigns all of Donor's right, title and

interest in and to the Horse, and based upon the terms and conditions contained herein,

GIDDINGS . hereby accepts the Horse.

2. Registration Papers: Donor hereby agrees to endorse and/or deliver within ten (10) days from

the date hereof, any and all documents necessary and appropriate so that the registration

papers for the Horse can be transferred into GIDDINGS.'s name or into the name of any

subsequent transferee of the Horse, as GIDDINGS . shall direct.

3. Representation of Donor: Donor hereby represents and warrants to GIDDINGS . that:

1. Donor owns full, exclusive and irrevocable right, title and interest in and to the Horse;

2. that no liens encumber title to the Horse;

3. that no other person, corporation, partnership or other entity has any right, title, claim or

interest in, against or to the Horse; and

4. Donor agrees not to do any acts which would adversely affect or interfere with GIDDINGS .'s

activities with respect to the Horse or otherwise.

4. Indemnification: Donor hereby agrees to indemnify, defend and hold harmless GIDDINGS ., its

owners, board of directors, employees and agents, from and against any and all losses,

damages, deficiencies, claims, demands, suits, actions, liabilities, proceedings, judgements and

expenses (including reasonable attorneys' fees), and amounts paid or to be paid in settlement,

reasonably incurred or suffered by GIDDINGS ., its owners, board of directors, employees and

GIDDINGS . Equine Donation Form Page 4 of 4

agents, in connection with or arising out of:

1. a breach of any agreement and/or representation of Donor contained in this Agreement;

2. any suit, action or other proceeding brought by a third party for acts of Donor prior to the

date of transfer of the Horse to GIDDINGS . involving any transactions, either directly or

indirectly, relating to the Horse; or

3. any suit, action or other proceeding brought by a third party for any damages arising

from the use, activities or other transactions in which the Horse may have been involved,

either directly or indirectly, prior to the date of transfer herein.

5. Right of Defense: Donor hereby agrees at GIDDINGS .'s option to defend GIDDINGS . in any such

matters arising under paragraph 4 above, or GIDDINGS . may maintain its own counsel, in which

case Donor shall reimburse GIDDINGS . for such reasonable fees and costs.

6. Notice of Claim: Should any claim be made in which GIDDINGS . is entitled to indemnification (a

"Claim"), GIDDINGS . shall, within twenty (20) days of receipt of such Claim, give written notice

thereof to Donor.

7. Notices: All notices required or permitted hereunder shall be in writing and shall be delivered in

person or sent by certified mail, return receipt requested, postage prepaid to the addresses of

GIDDINGS . and Donor set forth by their respective signatures below. Each party may change such

address by written notice as provided herein.

8. Governing Law: This Agreement and the rights of the parties hereunder shall be governed and

construed in accordance with the laws of the State of Ohio.

9. Attorney's Fees: In the event of any dispute or litigation arising out of or relating to the

meaning, interpretation or breach of this Agreement or compliance or noncompliance with the

terms of this Agreement, the prevailing party shall be entitled to receive from the non-prevailing

party reasonable attorneys' fees and costs.

10. Successors and Assigns: This Agreement shall be binding upon, and shall inure to the benefit

of, the heirs, executors, personal and legal representatives, successors and assigns of the

parties hereto.

11. Amendment: No amendment to this Agreement shall be effective unless such amendment is in

writing and signed by each of the parties to this Agreement.

12. Counterparts: This Agreement may be signed in counterpart or duplicate copies, and any

signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes.

13. Entire Agreement: This Agreement and the Declaration constitute the entire understanding

and agreement of the parties with respect to the subject matter hereof, and any and all prior

agreements, understandings or representations are hereby terminated and cancelled in their

entirety and are of no further force or effect.

I CERTIFY THAT ALL OF THE INFORMATION CONTAINED HEREIN IS CORRECT AND TRUE.

Sign & Date:

___________________________________________________________________________________

Please mail this completed application (signed & dated) to the address at the top of the form

Thank you, we look forward to meeting you & your horse!

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