This Dog Liability Policy and 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 and releasing IDA Farm, LLC, a Florida limited liability company (the “IDA”), and each member, agent, employee, and family member of IDA, who for all purposes shall also be included within the term “IDA,” from any and all liability for injury, damage, sickness, destruction, or death of persons and animals, and damage to real or personal property, caused by dogs on the equestrian facility located at 361 Cindy Drive, Wellington, Florida 33414 (the “Premises”) as more fully described herein. Wherever used herein the terms “Invitee” and “IDA” shall include singular and plural, the respective heirs, personal representatives, successors and/or assigns of Invitee and of IDA.
- IDAS’s Dog Policy. For the safety of all persons and horses on the Premises, IDA does not condone Invitee bringing dogs on to the Premises, regardless of whether the dog(s) belong to Invitee or to someone else. Invitee acknowledges that Invitee has full and complete understanding of IDA’s policy regarding the presence of dogs on the Premises and of all the dangers and/or conditions which are an integral part of dogs being animals that have a propensity to act unpredictably and in ways that may cause, contribute to or result in injury, damage, sickness, destruction, or death to persons, horses and other animals, or damage to real or personal property, including but not limited to a dog’s wrongful or aggressive behavior, biting, jumping, running, scratching, digging, charging, making unpredictable movements, and reacting to unfamiliar people, animals or objects.
- Assumption of Risk. Invitee agrees that if Invitee brings any dog(s) onto the Premises, whether owned by Invitee or not, then Invitee does so solely at Invitee’s sole risk and peril and Invitee shall (i) be solely liable for the care and wellbeing of the dog(s); (ii) be solely liable for any damage or injury to the dog(s), including but not limited to death by any cause; (iii) be solely liable for any damage or injury caused by the dog(s) to persons, horses, other dogs and animals, and property of any nature; (iv) keep the dog(s) within Invitee’s control at all times; and (v) keep the dog(s) on a leash at all times, with a maximum length of seven (7) feet. Invitee shall assure that Invitee’s family members, clients, employees, or invitees comply with the requirements set forth herein, and shall be solely responsible for any consequence of their failure to do so. Invitee acknowledges that IDA is not responsible for enforcing these requirements. IDA reserves the right to at any time prohibit any dog(s) from being on the Premises
- Health and Rabies Certificate. Invitee warrants that any dog(s) Invitee may bring on to the Premises is/are in good health and condition, has/have not been exposed to any infectious or contagious disease, and has/have a current, valid rabies vaccination. Invitee shall, prior to bringing any dog(s) onto the Premises, deliver to IDA a copy of the dog(s)’ current rabies certificate evidencing that the dog(s) has/have been vaccinated. Invitee shall provide to IDA updates of all such certificates so that IDA will at all times have a current rabies certificate for the dog(s).
- Indemnification and Hold Harmless; Waiver of Right to Sue. Invitee fully understands that Invitee’s decision to have dogs on the Premises and/or be on the Premises when other people’s dogs are on the Premises and/or to allow their dogs, minor children and/or other invitees to come on to the Premises when any dogs are on the Premises, poses risks of personal injury, property damage, sickness, death and/or other loss that may arise as a result of dog bites or other dog behaviors such as those described in paragraph 1 above or other activities, and assumes all risks and hazards incidental thereto. Invitee agrees to indemnify and hold IDA harmless from any claim, damage, injury, sickness, loss, theft, or death of or to any dog(s) and/or caused by any dog(s) that Invitee brings on to the Premises (whether or not the dog(s) is/are owned by Invitee), and/or by Invitee’s action or inaction with regard to such dog(s), including payment of any and medical expenses and legal fees and costs incurred by IDA in defense of any claim resulting from damage, injury, loss, theft, or death of, to or caused by such dog(s). Invitee hereby waives the right to sue IDA for any such claim, damage, injury, sickness, loss, theft, or death of or to any dog(s) and/or caused by any dog(s) that are on the Premises.
- Release Effective Until Revoked. This Release shall remain valid and in full force and effect from and after the date opposite Invitee’s signature below until expressly revoked by Invitee in a written notice personally delivered to and accepted by IDA.
- Construction; Venue. This Release shall be construed according to 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 adjudicated unenforceable by a court of appropriate jurisdiction, 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.
- Binding Effect. If this Release is executed by Invitee on behalf of a minor child named herein, then Invitee hereby warrants and represents to IDA 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 IDA and IDA’s successors and assigns.
I HAVE FULLY READ AND FULLY UNDERSTAND THE FOREGOING DOG POLICY AND 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 IDA FOR ANY ADVICE OR EXPLANATION IN CONNECTION THEREWITH.