THE HNH SANCTUARY
TERMS & CONDITIONS
RELEASE OF LIABILITY, ASSUMPTION OF RISK & HOLD HARMLESS AGREEMENT
State of Utah
ORGANIZATION INFORMATION
Organization Name: The HNH Sanctuary
Address: 5714 S 6950 W, Hooper, Utah 84315
Website: www.thehnhsanctuary.org
State: Utah
Type: Nonprofit Farm Animal Rescue, Education & Riding Programs
IMPORTANT LEGAL NOTICE — READ CAREFULLY
By entering the property, participating in activities, volunteering, observing, or interacting with animals at The HNH Sanctuary (the “Sanctuary”), you acknowledge that you are waiving substantial legal rights. If you do not agree, do not enter the premises or participate.
1. ACKNOWLEDGMENT OF INHERENT RISKS (UTAH COMPLIANT)
Participant understands and acknowledges that activities involving horses and other farm animals are inherently dangerous and involve risks of injury or death. Risks include, but are not limited to:
• Unpredictable animal behavior (including horses and other livestock/rescue animals)
• Being kicked, bitten, stepped on, scratched, head-butted, charged, bucked, crushed, trampled, or thrown
• Falls, collisions, entanglements, or loss of control
• Animal reactions to sounds, movements, weather, equipment, vehicles, or other animals
• Uneven terrain, mud, irrigation features, holes, obstacles, fencing, gates, stalls, barns, trailers, and facility hazards
• Equipment or tack failure, breakage, or misuse
• Weather, natural conditions, and environmental hazards
• Acts or omissions of other participants, visitors, volunteers, or minors
• Exposure to zoonotic diseases or infections that may be transmitted between animals and humans, including but not limited to bacteria, viruses, fungi, or parasites (such as E. coli, Salmonella, Ringworm, or similar conditions)
Participant understands that serious injury, permanent disability, illness, or death may occur.
2. ASSUMPTION OF RISK
Participant knowingly, voluntarily, and expressly assumes all risks—known and unknown, foreseeable and unforeseeable—arising from or related to:
• Presence on Sanctuary property
• Interaction with horses, livestock, or rescue animals
• Riding or handling animals (mounted or unmounted)
• Educational programs, tours, camps, lessons, events, or demonstrations
• Volunteering, assisting others, or use of Sanctuary equipment or facilities
• Observing or spectating activities
Participant accepts full responsibility for any injury, illness, loss, or damage arising from participation or presence on the premises.
3. UTAH EQUINE ACTIVITY LIABILITY ACT NOTICE
WARNING: Under Utah law, an equine activity sponsor or professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities pursuant to Utah Code §78B-4-201 et seq.
4. RELEASE OF LIABILITY (ORDINARY NEGLIGENCE)
To the fullest extent permitted by Utah law, Participant releases, waives, discharges, and covenants not to sue:
• The HNH Sanctuary
• Its directors, officers, employees, volunteers, members
• Educators, instructors, trainers, contractors, and authorized representatives
• Landowners, property managers, affiliates, sponsors, and partners (collectively, the “Released Parties”)
from any and all claims, demands, actions, causes of action, damages, or liabilities of any kind, including for personal injury, illness, death, property damage, or emotional distress, arising out of or related to participation in activities or presence on the premises, including claims based on ordinary negligence.
This release does not apply to gross negligence or willful misconduct to the extent prohibited by Utah law.
5. HOLD HARMLESS & INDEMNIFICATION
Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, lawsuits, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising from or related to:
• Participant’s actions or omissions
• Injury, illness, or death to Participant or any minor under Participant’s care
• Injury to any third party caused in whole or part by Participant or any minor under Participant’s care
• Damage to animals, equipment, fencing, facilities, or property
• Any claim brought by or on behalf of a minor or third party connected to Participant
This duty to indemnify includes the obligation to pay the Released Parties’ reasonable attorney’s fees and costs.
6. MINORS & PARENTAL RESPONSIBILITIES
Minors may only participate with the consent and supervision requirements below. The Sanctuary does not provide childcare or act in loco parentis.
Ages 5–12: A parent or legal guardian must be hands-on and directly supervising at all times.
Ages 13–17: A parent or legal guardian must remain on site at all times.
The parent/legal guardian:
• Assumes all risks on behalf of the minor
• Releases all claims on behalf of the minor to the fullest extent permitted by Utah law
• Agrees to indemnify and hold harmless the Released Parties for any claims involving the minor
• Acknowledges that Sanctuary staff and volunteers do not replace parental supervision
7. NO LIABILITY FOR PERSONAL PROPERTY, VEHICLES & EQUIPMENT
The HNH Sanctuary assumes no responsibility or liability for the loss, theft, damage, or destruction of any personal property belonging to Participant or their guests, including but not limited to personal belongings, clothing, footwear, protective gear, tack, helmets, riding equipment, tools, vehicles, trailers, or items stored on the premises.
This includes loss or damage caused by animals, weather or environmental conditions, other participants or third parties, theft, vandalism, accident, or acts or omissions of staff or volunteers. Participant brings all property onto Sanctuary premises at their own risk and agrees to release and hold harmless the Released Parties from any related claims.
8. MEDICAL AUTHORIZATION, RESPONSIBILITY & INSURANCE
Participant acknowledges that participation may result in serious injury, illness, or medical emergency. In the event of an accident, injury, or medical emergency, Participant authorizes the Sanctuary and its representatives to provide basic first aid and to obtain emergency medical treatment, transportation, or hospitalization if deemed necessary.
Participant understands and agrees that:
• The Sanctuary does not provide medical or health insurance coverage
• Participant is solely responsible for all medical expenses incurred, including emergency transport, treatment, hospitalization, follow-up care, and medication
• The Sanctuary is not responsible for the availability, quality, or outcome of medical treatment
Participant represents that they (and any minor under their care) are physically and medically able to participate and that they carry adequate health and accident insurance, or knowingly assume full financial responsibility if uninsured. Participant releases and agrees to indemnify and hold harmless the Released Parties from any claims related to medical care decisions or outcomes made in good faith.
9. PARTICIPANT RESPONSIBILITIES
Participant agrees to follow all posted rules and all instructions from Sanctuary staff, educators, and volunteers; to use appropriate safety equipment (including helmets where applicable); to disclose any medical, physical, or behavioral conditions that may affect safe participation; and to act responsibly and respectfully toward animals and people.
Participant acknowledges that failure to follow rules or instructions may result in removal or refusal of service.
10. ANIMAL WELFARE, SAFETY & RIGHT OF REMOVAL / REFUSAL OF SERVICE
Participant acknowledges that animal welfare and human safety are the highest priorities of the Sanctuary. The Sanctuary, including its educators, instructors, volunteers, members, employees, and authorized representatives, reserves the absolute right, in their sole discretion, to:
• Remove any participant, visitor, volunteer, or minor from an activity or from the property
• Modify, suspend, or terminate any lesson, service, program, or event
• Refuse or discontinue services at any time
Such actions may be taken without notice if, in the judgment of the Sanctuary or its representatives, any behavior, condition, or circumstance arises that may compromise animal welfare, pose a safety risk, disrupt operations, or violate Sanctuary rules, policies, or values. The Sanctuary and its representatives have no obligation to complete any lesson, service, program, or event once a concern has been identified.
Removal, refusal of service, or termination of participation under this Section does not entitle Participant to any refund.
11. NO SUPERVISION OR CHILDCARE; LIMITED EVENT EXCEPTION
The Sanctuary does not provide general childcare, babysitting, or supervision services. Parents and legal guardians remain solely responsible for the supervision, safety, and conduct of their children at all times.
Limited Event Childcare Exception: For certain designated events only, the Sanctuary may make a separate, designated childcare area available, staffed by an independent, outside childcare provider.
When such childcare is offered, a parent or legal guardian must either:
1) Remain present in the designated childcare area to supervise their child personally; or
2) Sign their child in and out with the hired outside childcare provider.
By choosing to utilize event childcare, the parent or legal guardian acknowledges and agrees that:
• The childcare provider is not an employee, volunteer, or agent of the Sanctuary
• The Sanctuary does not supervise, direct, or control the childcare provider
• All risks of injury, illness, loss, or harm related to childcare are expressly assumed by the parent or legal guardian
The parent or guardian further agrees to release, waive, and discharge the Released Parties from any claims arising out of or related to the childcare arrangement and to indemnify, defend, and hold harmless the Released Parties from any claims, damages, losses, or expenses (including attorney’s fees) arising from the child’s participation in childcare services, including claims involving the hired provider. Use of any event childcare is voluntary and does not create a duty of supervision or alter the parent or guardian’s overall responsibility for the child.
12. BIOSECURITY & SANITATION
Participant acknowledges the risk of carrying contaminants on clothing, footwear, or equipment and agrees to comply with all posted or verbal biosecurity, handwashing, footwear, and sanitation procedures intended to protect animal and human health and to prevent disease transmission between animals and properties.
13. NO GUARANTEE OF ANIMAL BEHAVIOR
Participant acknowledges that no animal’s temperament, training, suitability, or behavior is guaranteed and that animals may react unpredictably at any time, including in ways that may cause injury, illness, or property damage.
14. PHOTO, VIDEO & MEDIA RELEASE
Participant grants the Sanctuary the irrevocable right and permission to photograph, video record, or otherwise capture Participant’s image or likeness, including that of any minor under their care, during activities, events, or presence on Sanctuary property.
Participant agrees that such images, recordings, or materials may be used by the Sanctuary for educational, promotional, fundraising, or informational purposes, including but not limited to the Sanctuary’s website, social media platforms, and printed materials (as well as marketing materials, grant applications, reports, and educational publications), without compensation.
Participant waives any right to inspect or approve the finished product or the use of such materials and releases the Released Parties from any claims related to the use of such media, including claims for compensation, invasion of privacy, or defamation. This release applies without time limitation and survives the termination of participation.
15. REGISTRATION, FEES & REFUND POLICY
All event registrations, program enrollments, lesson bookings, donations, and participation fees are conditional and non-transferable.
The Sanctuary reserves the right, in its sole discretion, to refuse service, deny or terminate participation, or modify, reschedule, or cancel any lesson, program, event, or activity.
Refunds:
• No refunds will be issued after the posted registration or enrollment cutoff date for any reason, including but not limited to removal or refusal of service, weather conditions, animal health/welfare/availability, safety concerns, schedule changes, participant illness/injury/absence, voluntary withdrawal, or failure to attend.
• Fees paid prior to the cutoff date may be refunded only at the Sanctuary’s discretion and are not guaranteed.
• Fees may be retained in full to cover administrative costs, staffing, animal care, and operational expenses, even if participation is partially or fully discontinued.
Chargebacks & Disputes: Participant agrees not to initiate chargebacks or payment disputes. Any unauthorized chargeback constitutes a breach of this Agreement, and Participant agrees to be responsible for any resulting fees or costs incurred by the Sanctuary.
16. SEVERABILITY & INTERPRETATION
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
This Agreement shall be interpreted broadly to provide maximum protection to the Sanctuary and the Released Parties, consistent with Utah law. Headings are provided for convenience only and shall not affect interpretation.
17. GOVERNING LAW, VENUE & DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-law principles.
Participant agrees that any dispute, claim, or cause of action arising out of or related to this Agreement, participation in Sanctuary activities, or presence on the property shall be brought exclusively in a state or federal court located within the State of Utah. Participant knowingly waives any objection to personal jurisdiction, venue, or forum non conveniens.
18. ENTIRE AGREEMENT, MODIFICATIONS & SURVIVAL
This Agreement constitutes the entire and complete agreement between the parties and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral.
No modification, amendment, or waiver of any provision shall be effective unless made in writing by the Sanctuary.
Participant agrees that the following provisions survive termination of participation, including but not limited to: Assumption of Risk; Release of Liability; Indemnification & Hold Harmless; Media Release; Refund Policy; Governing Law & Venue; and any provisions intended by their nature to survive.
19. NO THIRD-PARTY BENEFICIARIES
This Agreement is entered into solely between the Participant (and, if applicable, the parent or legal guardian) and the Sanctuary. Nothing in this Agreement shall be deemed to confer any rights, remedies, or benefits upon any third party, including but not limited to guests, observers, other participants, volunteers, contractors, or service providers.
20. FORCE MAJEURE
The Sanctuary shall not be liable for failure or delay in performance of any obligation, program, service, event, or activity due to circumstances beyond its reasonable control, including but not limited to severe weather or natural disasters; fire, flood, earthquake, or acts of God; epidemics, pandemics, or public health emergencies; government orders or restrictions; animal illness, injury, stress, or welfare needs; equipment failure or facility damage; staffing shortages or volunteer unavailability. In such cases, programs or events may be modified, postponed, relocated, or canceled at the Sanctuary’s discretion, and no refunds shall be required, consistent with Section 15.
21. ACKNOWLEDGMENT, ELECTRONIC SIGNATURE & CLICK-WRAP CONSENT
By signing this Agreement, whether physically or electronically, or by checking a box, clicking “I Agree,” registering online, enrolling in a program, or otherwise participating in activities at the Sanctuary, Participant acknowledges that they have read and understood this Agreement in its entirety, understand they are waiving substantial legal rights, agree to be bound by all terms and conditions, and consent voluntarily.
Electronic signatures, digital acknowledgments, and click-wrap consents shall be deemed valid and enforceable to the same extent as handwritten signatures under Utah law.
If Participant is signing on behalf of a minor, they represent that they are the legal parent or guardian and have authority to bind the minor to this Agreement.