OFW Training Services Agreement
THIS TRAINING SERVICES AGREEMENT (the “Agreement”) is made this day of September 28, 2023, between Orrion Farms LLC, a Washington limited liability company, 280 Orrion Road, Ellensburg, WA 98926 (“Orrion Farms”), the Client, as identified below.
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This Agreement applies to all other horses owned by the Client, regardless of whether those additional horses are identified on this Agreement.
If Client does not own 100% of the Horse, please identify all other parties with an interest in the Horse:
Client represents and warrants that Client is authorized to bind each person with an interest in the Horse to this Agreement as if each such owner was the “Client” under this Agreement, and Client acknowledges and agrees that the liability of each owner of the Horse under this Agreement shall be joint and several.
Emergency Phone Number:
A. In no event shall Orrion Farms’ liability for all causes of action arising under this Agreement exceed the amount of fees paid by the Client to Orrion Farms for the Horse.
B. Client shall have burden of proof of establishing any claim, liability, damage, or loss.
C. All special, incidental and consequential damages, including but not limited to, lost income, revenue or profits, are hereby excluded, disclaimed and shall not be awarded or recovered by Client. In no event shall client’s remedies exceed the amount paid for the service complained
D. As a condition precedent to any legal action by Client, Client shall notify Orrion Farms in writing at least thirty (30) days in advance of initiating any legal action against Orrion Farms for any matter whatsoever. Within twenty (20) days of receiving such notice, Orrion Farms shall be entitled to require that any such action be resolved by submission to binding arbitration before the American Arbitration Association (“AAA”), in accordance with the rules of the AAA, with such arbitration to take place in Maricopa County, Arizona. If Orrion Farms elects binding arbitration, both Orrion Farms and Client hereby waive a trial by jury or by a court, to the fullest extent allowed by laws.
UNDER ARIZONA LAW (A.R.S. §12-553), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. OWNER SPECIFICALLY ACKNOWLEDGES THAT HE/SHE/IT IS AWARE OF THE INHERENT RISKS ASSOCIATED WITH EQUIINE ACTIVITIES, AND IS WILLING AND ABLE TO ACCEPT FULL RESPONSIBILITY FOR HIS/HER/ITS OWN SAFETY AND WELFARE, AND THEREFORE RELEASES THE STABLE (AND ANY OF ITS AGENTS) FROM ANY LIABLITY, EXCEPT ON THE GROSS NEGLIGENCE OR WILFUL, WANTON OR INTENTIONAL ACTS OR OMISSIONS OF THE STABLE.
I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK.
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Document Name: OFW Training Services Agreement
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