This Rider/Spectator Equine Activity Liability Release, Waiver of Right to Sue and Assumption of All Risks Release (the “Release”) is hereby given by (the “Invitee”) on their own behalf and as the parent or guardian of all minors and/or wards (list names and ages) who for all purposes shall also be included within the term “Invitee,” in favor of IDA Farm, LLC, a Florida limited liability company (the “Sponsor”), and to each agent, employee, family member, volunteer, equine professional (as defined in the Act referenced herein) of the Sponsor, who for all purposes shall also be included within the term “Sponsor,” for any and all activity in the equestrian barn, riding arenas, paddocks, and common areas located at 361 Cindy Drive, Wellington, Florida 33414 (the “Premises”). Wherever used herein the terms “Invitee” and “Sponsor” shall include singular and plural, the respective heirs, personal representatives, successors and/or assigns of Invitee and of Sponsor.
Invitee fully understands that Invitee’s decision to conduct and partake in equine activities on the Premises and to allow minor children and/or other invitees to come on to the Premises as participants, guests or spectators, poses risks of personal injury, property damage, death and/or other loss that may arise while either riding, spectating or participating in any activity on the Premises (the “Activities”), and assumes all risks and hazards incidental to the conduct of the Activities. In consideration of the Sponsor permitting Invitee to come on to the Premises for any purpose Invitee hereby agrees as follows:
- This Release is given in part under the Florida Equine Activities statutes (Chapter 773) as it may now provide or be hereafter amended (the “Act”). All terms defined by the Act shall have the same meaning herein, and the Act is hereby incorporated in this Release by reference. This Release shall be so construed as to provide to the Sponsor the fullest protection of a release, waiver of claim and recovery, right to sue and assumption of all risks that is afforded by the Act, and by other applicable statutes and general law.
- Invitee hereby acknowledges that Invitee has full and complete notice and understanding of the Act and of all the dangers and/or conditions which are an integral part of equine activities which may cause, contribute to or result in the death or personal injury of Invitee or damage to Invitee’s personal property (the “Risks”), including, but not limited to:
- The propensity of equines to behave in ways (such as, but not limited to, buck, stumble, fall, rear, bite, kick, run, and make unpredictable movements, spook, jump obstacles, step on a person's feet, push or shove a person, saddles or bridles may loosen or break) that may result in injury, harm, or death to persons on or around the equine.
- The unpredictability of an equine's reaction to sounds, sudden movement, persons, other animals, or unfamiliar objects.
- Hazards, including, but not limited to, surface or subsurface conditions.
- A collision with another equine, another animal, a person, or an object.
- The potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant.
- The inability of anyone whomsoever to predict or foresee an equine's reaction to excitement, weather conditions, sound, movements, objects, vehicles, persons, dogs and other animals, reptiles, birds or insects, and the effects of such reactions.
- The dangers and risks of tack or harness, loosening, slipping or breaking for whatever reason.
- The dangers and risks of becoming entangled in tack, harness, or vehicles used in an equine activity.
- The risks of falling from or otherwise becoming unstable on an equine or a vehicle used in an equine activity for any reason whatsoever or for no identifiable reason.
- The dangers and risks of not wearing a helmet that is SEI and ASTM certified.
- Any negligent act or omission by the Sponsor which causes or results in the death or personal injury of Invitee or damage to Invitee’s personal property.
- Invitee hereby expressly assumes all risks and dangers of injury, loss, damage or death which are in any way resulting from the inherent risks of equine activities and/or associated with the Risks enumerated in Paragraph 2 above.
- Invitee hereby releases and waives all rights which Invitee may have or hereafter have against the Sponsor for injury, loss, damage or death which is in any way resulting from the inherent dangers of equine activities and/or associated with the Risks enumerated in Paragraph 2 above, and the right to sue or to bring any action against the Sponsor in connection therewith. Invitee agrees to completely indemnify and hold the Sponsor harmless from and against any and all claims, demands, causes of action, suits, actions, losses, liabilities, costs and/or expenses, including medical costs and attorney's fees and costs, which are occasioned by, or otherwise attributable to, matters for which Invitee has hereby assumed the risk and is responsible in accordance with this Release.
- Invitee agrees to comply with all rules and regulations that may be posted or otherwise communicated by the Sponsor. In the event Invitee has children, guests, employees, or other invitees on the Premises, and such persons participate in any equine activity, then Invitee agrees that Invitee has made reasonable and prudent efforts to determine such person’s ability to engage in the activities and to act accordingly for the safety and welfare of such persons. Invitee agrees that such persons will execute liability releases in favor of Sponsor as may be provided by Sponsor.
- HELMETS: Invitee shall, at all times while mounted on a horse on the Premises, wear protective head gear, i.e., a helmet that is SEI and ASTM certified, and shall insist that Invitee’s children, guests, employees, or other invitees do so when mounted on a horse on the Premises. Should Invitee or Invitee Invitee’s children, guests, employees, or other invitees fail to comply with this requirement, they do so at their sole risk and acknowledge that Sponsor is not responsible for enforcing this requirement. Invitee shall be solely responsible for any injury suffered by Invitee or Invitee’s children, guests, employees, or other invitees as a result of their failure to comply with this requirement.
- Invitee agrees that mounting, riding, walking, dismounting, grooming, training, handling, feeding, and otherwise being in the physical proximity of horses is a dangerous activity which can produce a foreseeable risk of mortal or serious personal injury and/or property loss to Invitee as well as to the person or property of others.
- This Release shall remain valid and in full force and effect from and after the date opposite Invitee’s signature until expressly revoked by Invitee in a written notice personally delivered to Sponsor.
- This Release shall be construed under Florida law in such manner as will render it, and each provision of it, fully enforceable; provided, however, that if any provision of this Release shall be unenforceable, such provision (or so much thereof as is unenforceable) shall be deemed deleted and the remainder of this Release shall continue in full force and effect. Venue for purposes of any litigation or arbitration concerning this Release shall be in Palm Beach County, Florida.
- If this Release is executed by Invitee on behalf of a minor child named herein, then Invitee hereby warrants and represents that Invitee is in fact the legal parent or guardian of such minor child, with full rights of custody and control; and that this Release is given on behalf of and is intended to be binding upon said minor child, his/her heirs, personal representatives, successors and assigns.
- This Release shall be binding upon the heirs, personal representatives, successors and assigns of the Invitee and shall inure to the benefit of Sponsor and Sponsor’s successors and assigns.
UNDER FLORIDA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE 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.
I HAVE FULLY READ AND FULLY UNDERSTAND THE FOREGOING Lessee/INVITEE/SPECTATOR EQUINE LIABILITY RELEASE, WAIVER OF RIGHT TO SUE AND ASSUMPTION OF ALL RISKS. I HAVE CONSULTED AND RELIED UPON MY OWN ADVISORS ON ALL QUESTIONS IN CONNECTION THEREWITH AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I HAVE NOT RELIED UPON THE SPONSOR FOR ANY ADVICE OR EXPLANATION IN CONNECTION THEREWITH.