Swingin' D Horse Rescue Volunteer Agreement

All Swingin’ D Volunteers are required to sign an agreement that sets out guidelines and expectations for our working relationship. The agreement is designed to protect the volunteer, the rescue, and most of all, the horses we save from slaughter. Please spend some time going over the contract. Let us know if there’s anything you don’t understand. If you’re ready to sign an agreement, please print one off, fill it out and get it back to SDHR.

Volunteer Agreement

BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ITS TERMS, INCLUDING THE WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY. IN CONSIDERATION for Swingin’ D Horse Rescue, Inc. (“SDHR”) allowing me to participate in equine-related activities (as defined below) with SDHR, I hereby understand and agree to the following terms and conditions.
  1. DEFINITIONS.As used in this Agreement, the following terms shall be construed as follows:
    1. The term “equine” shall be construed to include horses, ponies, mini-horses, donkeys, and mules.
    2. The terms “equine-related activity(ies)” shall be construed to include: (1) handling, riding, feeding, watering, grooming, bathing, lunging, training, and leading any equine; (2) being in close proximity of an equine; (3) using saddles, bridles, tack, or other equine- or farm-related equipment or gear; (4) being on the premises of the barn, pasture, equine paddocks, or equine pens on the premises defined herein, or anywhere else between or in the vicinity of said premises; (5) transporting supplies to or from SDHR premises; (6) performing tasks for SDHR off of SDHR premises; (7) traveling to and from SDHR; (8) traveling to or from any other location in the course of or with the purpose of performing some task for SDHR or preparing to perform some task for SDHR; and (9) any other activity that would be generally recognized among others in the livestock/equine industry to be related to equines.
    3. The term “SDHR” refers to Swingin’ D Horse Rescue, Inc., Marler & Associates LLC, Tamara Marler, Danny Elliott, and the foregoing’s officers, board members, directors, agents, volunteers, employees, representatives, attorneys, independent contractors, affiliates, and any other persons acting or purporting to act on their behalf.
    4. The term “SDHR premises” refers to locations at 13937 S. 353rd Ave. and 14505 S. 353rd E. Ave. in Coweta, Oklahoma, encompassing all buildings and associated areas, as well as any properties owned by Marler and Associates LLC, Danny Elliott and Tami Marler.
    5. Provisions of this Agreement limiting SDHR’s liability for damage, injury, or death, shall include the entire territory encompassed by the aforementioned addresses and buildings thereon, including but not limited to outbuildings, barns, shelters, paddocks, pastures, garages, ponds, round pen, arena stalls, awnings, house, driveway, vehicles, and yard.
    6. The term “guests” shall be construed to mean anyone accompanying the volunteer to SDHR premises or participating in SDHR activities. This definition shall include but not be limited to friends, family members, agents, employees, independent contractors, advisors, trainers, veterinary personnel, farrier personnel, representatives, and/or other participants of any kind whom the undersigned volunteer may bring or send to SDHR or who may accompany the undersigned volunteer thereto.
    7. The terms “I,” “me,” “my,” “you,” and “your” shall be construed to refer to: (1) the undersigned volunteer; (2) the undersigned volunteer’s guests; (3) the undersigned volunteer’s agents, representatives, and any other party or parties acting or purporting to act on the undersigned volunteer’s behalf, and (4) if the undersigned volunteer is a minor or has been adjudicated to be incompetent, the undersigned volunteer’s legal guardian(s).
    8. The term “permission” shall be construed to mean written permission of an SDHR board member, obtained in advance.
    9. The term “equipment” shall be construed to include, but not be limited to, tack, saddles, saddle pads, straps, bridles, halters, leads, feed buckets, other buckets, hoses, motor vehicles, troughs, blankets, grooming supplies, feed, hay, veterinary supplies, farrier supplies, medications, vitamins and supplements, lunge whips, crops, and flags.
  1. ACKNOWLEDGMENT OF RISKS INVOLVED IN EQUINE-RELATED ACTIVITIES. I understand that participating in equine-related activities involves inherent risks, including but not limited to:
    1. Physical Injury: This includes serious injuries such as but not limited to fractures, sprains, or concussions, which may result from falls, being kicked, or other unpredictable behaviors of equines.
    2. Equipment Hazards: Risks may arise from the use of saddles, bridles, and other equipment, which could malfunction or cause injury if not used properly.
    3. Environmental Factors: Conditions such as uneven terrain, weather changes, or the presence of other animals can create additional hazards.
    4. Health Risks: There may be risks of zoonotic diseases transmitted from equines to humans or vice versa.
    5. Behavioral Risks: Equines, regardless of training, can exhibit unpredictable behaviors such as spooking, bolting, or biting, which could result in injury to participants.
    6. Helmet Usage: I acknowledge that failing to wear a protective helmet significantly increases the risk of head injuries during equine-related activities.
    7. By participating, I voluntarily assume these risks and acknowledge that they are an integral part of equine-related activities.
  1. DISCLAIMER AND ASSUMPTION OF RISKS. I fully assume all risks of injury, loss, or damage of any kind that may arise from my participation in equine-related activities as defined herein. I acknowledge that no equine is completely safe, and that both the behavior of equines and the use of equipment can lead to serious injuries or death. Specific risks include, but are not limited to:
    1. Equine Behavior: Equines may kick, rear, buck, stumble, or engage in other unpredictable actions, potentially causing injury.
    2. Equipment Safety: I understand that SDHR does not guarantee the safety of any equipment. Malfunctions or improper use of saddles, bridles, or other gear can result in injury.
    3. Environmental Hazards: The premises may present additional risks, such as uneven ground, the presence of other animals, or adverse weather conditions that can lead to accidents.
    4. By participating in these activities, I acknowledge and accept the inherent risks involved.
    1. AGREEMENT TO MAINTAIN INSURANCE.I understand that SDHR does not provide health, accident, or liability insurance to participants in equine-related activities. I hereby agree to maintain a policy of insurance covering costs for medical treatment of any injury that may result in connection with my participation in any equine-related activity. I understand that if I fail to maintain such a policy of insurance, I will be liable for costs that may be incurred in connection with the treatment for any said injury, and I hereby agree to assume all expenses, medical, liability, or otherwise, that I may incur in connection with my participation in any equine-related activity. I agree that SDHR is not responsible for any costs that arise from damages or injuries that may result from my participation in any equine-related activity.
    2. PERMISSION TO ENTER SDHR PREMISES
      1. Requirement of Permission: I understand that SDHR premises include a private residence, and I must obtain prior permission from a Swingin’ D Horse Rescue, Inc. board member to enter.
      2. Continuing Permission: If approved, a written schedule detailing my volunteering days and times will serve as ongoing permission until revoked.
      3. Revocation: Permission can be revoked at any time, with or without cause.
    3. PERMISSION TO BRING A GUEST
      1. Requirement of Permission: I must obtain prior written permission from a Swingin’ D Horse Rescue, Inc. board member before bringing or sending any guests to SDHR premises or events.
      2. Guest Waiver: Guests must sign a Release and Waiver of Liability unless an exception is granted by a Swingin’ D Horse Rescue, Inc. board member.
      3. Liability: If I fail to obtain the necessary permissions, I assume full responsibility for my guest’s safety and agree to defend and indemnify SDHR, from any damages or injuries that may result from said guest’s entering onto the premises described herein.
      4. Continuing Permission: A written schedule approved by a Swingin’ D Horse Rescue, Inc. board member will allow me to bring specified guests without needing new permissions each time.
      5. Duty to Inform: I will inform my guests of the risks involved in equine-related activities and Swingin’ D Horse Rescue, Inc.’s safety requirements.
    1. PERMISSION TO RIDE. I understand that I must obtain prior written permission from a Swingin’ D Horse Rescue, Inc. board member before riding an SDHR equine, or riding any equine on SDHR premises, and I must secure this permission for each ride. General permission to volunteer does not cover riding.
    2. DOG POLICY. Due to the inherent risks and dangers that exist when dogs and horses interact, I understand that SDHR does not allow outside dogs on the property. Reasonable accommodation may be requested, in writing, for certified therapy dogs. If SDHR grants special accommodation for my therapy dog, I understand (1) the dog must be kept on a leash for the entire duration of its presence on SDHR premises; (2) the dog is, at all times, accompanied by a human with a signed Volunteer Agreement as described herein.
    3. CHILDREN. I understand that all children under 18 must have a Release and Liability Waiver signed by a legal guardian and must be accompanied by and under the attentive supervision of an adult at all times. I further understand that children are not allowed in the barn, pasture, paddocks, pens, and anywhere else where an equine may be present, and that they shall not be permitted to run, roughhouse, scream, or otherwise make loud noises or sudden movements on SDHR premises.
    4. MIND-ALTERING SUBSTANCES. I understand that tobacco use of any kind, including vapor, alcohol or any other mind-altering substances are not permitted on SDHR premises. I agree to not enter SDHR premises while under the influence of any mind-altering substance or controlled dangerous substances, including but not limited to medical marijuana, unless prior arrangements have been made in writing and approved by Swingin’ D Horse Rescue, Inc. General permission to enter, which does not explicitly mention conditions relating to substance use, shall not suffice.
    5. DUTY TO RESPECT. I agree to treat all animals and humans at SDHR with respect and dignity. I understand that under no circumstances will SDHR tolerate abuse against any animal or person in any form, be it physical, verbal or otherwise.
    1. DUTY TO ABIDE BY TERMS, RULES, INSTRUCTIONS, AND LAW. I agree to abide by the terms of this agreement, and to follow any instructions given, or rules established by SDHR, whether orally or in writing, whether formally or informally, and whether such rules and/or instructions are currently in effect or may be given or established in the future. I further agree to read and understand the language of the Oklahoma Livestock Activities Liability Limitation Act, 76 Okla. St. Ann. §§ 50.1 et seq., and to abide by all applicable laws.
      1. Consequences for Failure to Abide by Terms, Rules, Instructions, or Applicable Law.
        1. Suspension or Termination of Privileges.I understand that failure to abide by the terms of this agreement, to follow instructions or rules, or to abide by applicable laws, shall constitute grounds for suspension or termination of all or certain privileges provided to me by Swingin’ D Horse Rescue, Inc.  and/or this Agreement, and that such suspension or termination may occur with or without notice. Swingin’ D Horse Rescue, Inc. has the discretion to terminate privileges at any time, for any reason. I understand that failure to abide by the terms of this agreement, follow rules, or abide by applicable laws shall constitute grounds for termination.
        2. Suspension or Termination Up to Swingin’ D Horse Rescue, Inc.’s Discretion.I understand that the following decisions shall be determined by Swingin’ D Horse Rescue, Inc.’s sole discretion: (a) the decision to suspend or terminate privileges; (b) which privileges will be suspended or terminated; (c) if a privilege has been suspended, the length of time of such suspension; and (4) the decision about whether to allow the undersigned volunteer to appeal the suspension or termination of privileges with the remaining Swingin’ D Horse Rescue, Inc. board members.
    2. MEDICAL CONSENT TO TREAT. In the event that emergency medical aid/treatment is required by me while on SDHR premises or while participating in any equine-related activity and
      1. I am unconscious or otherwise unable to express consent for medical treatment, and
      2. my emergency contacts cannot be reached, or if the delay caused by attempting to reach said contacts would, in the judgment of a Swingin’ D Horse Rescue, Inc. board member or their designee(s), might increase the likelihood of further injury or death, I hereby authorize SDHR to secure and obtain medical treatment and/or transportation, if necessary, at my expense. I agree that my authorization shall also operate as my consent to said medical treatment and/or transportation.
      3. Known Medical Conditions. I understand that in the event of a medical emergency during or after which I am unable to consent to medical treatment and my emergency contacts cannot be reached, Swingin’ D Horse Rescue, Inc. may need to know the following information, which I agree to provide, in order to ensure I receive proper treatment.
      4. Medical conditions/allergies. I hereby notify Swingin’ D Horse Rescue, Inc.  that I suffer from the following medical conditions and/or allergies:
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  1. Volunteer’s Indemnity for Medical Treatment. I hereby agree to indemnify, save, defend, and hold harmless SDHR from and against any loss, liability, damage or death that may arise out of the medical treatment I receive as a result of illness or injuries described in this section.
  1. RELEASE AND WAIVER OF LIABILITY. I hereby waive, release, discharge, and hold harmless SDHR from any and all claims, demands, actions, and causes of action of any kind, known or unknown, whether already accrued or that my accrue in the future, arising from my participation in equine-related activities, as defined herein. This waiver and release applies to any injury, loss, or damage that may occur on or off SDHR premises.
  2. INDEMNIFICATION. I agree to indemnify, defend, and hold harmless SDHR from any claims, damages, losses, or expenses, including attorney’s fees, arising from my actions and/or omissions, including but not limited to negligence or intentional conduct during my participation in equine-related activities. This indemnification includes any claims brought by third parties related to my conduct while volunteering.
  3. MERGER. I affirm that this Volunteer Agreement represents the full and complete agreement between the parties hereto, and that no oral representations, statements, or inducements apart from this Agreement have been made to me. I acknowledge that there is a valid consideration to executing this Release.
  4. MODIFICATION AND AMENDMENT. I agree that this Agreement shall not be changed or amended without the written consent of the members of the Swingin’ D Horse Rescue, Inc. board of directors. I further agree that any modification to this Agreement shall be in writing and signed by the parties hereto.
  5. ASSIGNMENT. I understand and agree that I shall not assign, novate, transfer, or otherwise part with all or any of my rights or obligations under this Agreement without the prior, written consent of Swingin’ D Horse Rescue, Inc. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  6. WAIVER. Failure of Swingin’ D Horse Rescue, Inc. to enforce at any time any of the provisions herein shall not be construed to constitute a waiver of such provisions or in any manner affect the validity of the Agreement or any part hereof or the right of either party hereto thereafter to enforce each and every provision hereof. The waiver of any provision of this Agreement of any breach thereof shall not constitute a waiver of any subsequent breach of the same or any other provision thereof.
  7. DISPUTE RESOLUTION.
    1. Choice of Law.I agree that any dispute that may arise in connection with my participation in equine-related activities, my presence on SDHR premises, or my interactions with SDHR shall be governed in all respects by the laws of the State of Oklahoma, United States of America, without regard to conflict-of-law provisions.
    2. Forum Selection.I agree that the state and federal courts of the United States located in the State of Oklahoma, County of Wagoner or the United States District Court for the Eastern District of Oklahoma, shall have exclusive jurisdiction over any dispute described herein and that venue shall be proper and exclusive in the same.
    3. Attorneys’ Fees and Costs. I agree that in the event any suit or action is brought under or in connection with this Agreement, my participation in equine-related activities, my presence on SDHR premises, or my interactions with SDHR, including any suit or action to enforce any provision of this Agreement, Swingin’ D Horse Rescue, Inc. shall be entitled to recover all fees, costs, and expenses, including reasonable costs of investigation and attorneys’ fees, incurred in enforcing or defending any right provided by this Agreement or by other law.
    4. If any provision of this Agreement is adjudged to be invalid or void under local, state, federal, or international law, such determination shall not invalidate or void any other provision herein.
    5. Attempt to Settle in Good Faith.I agree that before initiating legal action, I will notify a Swingin’ D Horse Rescue, Inc. board member in writing, including details of the dispute, and attempt to resolve the issue amicably. I agree that to be effective, such written notice must include all of the following information: (1) my name; (2) the date of the event or action giving rise to the complaint; (3) the names of all people involved in the event or action giving rise to the complaint; (4) the names of all people who witnessed the event or action giving rise to the complaint; (5) a detailed description of the event or action giving rise to the complaint; (6) a statement of the reason for my complaint; and (7) a statement of how I want my complaint to be resolved. The written notice shall be signed and dated by the undersigned volunteer. Upon receipt of such notice, I understand that Swingin’ D Horse Rescue, Inc. shall review and investigate my complaint and schedule a meeting at which I and Swingin’ D Horse Rescue, Inc. shall confer and negotiate in good faith to attempt to come to an amicable resolution. I understand and agree that the process provided for in this subsection must be completed before a court will have jurisdiction over any suit or action arising from my complaint.
  1. TERMINATION. I understand and agree that SDHR may terminate this agreement at any time for good cause, as determined by Swingin’ D Horse Rescue, Inc.’s sole discretion.
    1. I understand and agree that all provisions herein, including but not limited to those relating to release and waiver and indemnification shall survive termination of this Agreement.
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I HAVE READ, AND I FULLY UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. I UNDERSTAND THAT A BREACH OF ANY ONE OR MORE OF MY OBLIGATIONS UNDER THIS AGREEMENT SHALL BE GROUNDS FOR SUSPENSION OR TERMINATION, AT SWINGIN’ D HORSE RESCUE, INC.’S SOLE DISCRETION, OF MY ELIGIBILITY TO PARTICPATE IN EQUINE-RELATED ACTIVITIES AS DEFINED HEREIN, OR TO ENTER SDHR PREMISES AS DEFINED HEREIN. I FURTHER UNDERSTAND THAT THIS AGREEMENT IS AVAILABLE AT WWW.SWINGINDHORSERESCUE.COM, AND MAY BE UPDATED FROM TIME TO TIME.

Volunteer's Electronic Legal Name
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Guardian Agreement

GUARDIAN SIGNATURE:
I am a parent or legal guardian authorized to sign for the above applicant. As such, I represent to SDHR that the facts herein concerning my child or ward are true. I hereby give my permission for my child or ward to participate in any equine-related activity; and, further, in consideration of allowing my child or ward to participate in such activities, agree individually and on behalf of my child or ward to the terms of the above foregoing Agreement.

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Date

Winners drawn mid-december

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