WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
(INCLUDING FLORIDA EQUINE ACT DISCLOSURE)
WARNING
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.
(Section 773.04, Florida Statutes)
READ CAREFULLY BEFORE SIGNING – THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. YOU ARE RELEASING AND WAIVING RIGHTS WITH RESPECT TO, AMONG OTHERS, THE ACTIVITY PROVIDER AND THE OWNER OF THE PROPERTY
In consideration for being permitted to enter upon and use the equine facilities located at 17911 SW 63rd Manor, Southwest Ranches, Florida 33331 (the “Property”) and to participate in equine-related activities, including horseback riding, and/or recreational activities or events on the Property, (collectively, the “Activity”) provided by Family Horse Academy, Inc., a Florida
corporation, (the “Company”) the undersigned participant (or the parent or guardian of a child or ward participant) hereby acknowledges, understands, and agrees as follows:
- Assumption of Risk
I acknowledge that participation in the Activity involves inherent, obvious, and unavoidable risks that may result in serious bodily injury, death, and property damage, regardless of the level of supervision, training, or precautions taken. These risks include, but are not limited to:
- The propensity of horses to behave in dangerous or unpredictable ways, including kicking,
biting, bucking, rearing, shying, stumbling, falling, or stepping on people; - Sudden movements, sounds, or unfamiliar objects that may startle horses;
- Collisions with other horses, riders, fences, equipment, trees, or terrain features;
- Loss of control, slipping, falling, or being thrown from a horse;
- The failure of equipment, tack, or safety gear (including protective helmets);
- Risks arising from, relating to, or in connection with, the conditions of the property,
including uneven ground, rocks, holes, water, or other natural or man-made hazards; - Exposure to weather conditions, such as rain, wind, heat, lightning, or sun;
- Condition of equipment;
- Exposure to communicable diseases, infections, or allergens;
- The actions or omissions of other participants, observers, event staff, or third parties;
- Variability in skill levels among participants; and
- Natural hazards such as wildlife, insects, reptiles, and other environmental factors that may
cause horses to react unpredictably.
I, on my own behalf, or on behalf of my child or ward, voluntarily assume all such risks and
hazards, known or unknown, in participating in the Activity.I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I OR MY CHILD OR WARD SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I OR MY CHILD OR WARD AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY OR MY CHILD OR WARD’S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF THE COMPANY OR OTHERWISE.
- The propensity of horses to behave in dangerous or unpredictable ways, including kicking,
- Waiver and Release of Liability
I, on my own behalf, or on behalf of my child or ward, and all heirs, executors, administrators, assigns, and legal representatives, hereby voluntarily release and discharge Company and its officers, directors, manager(s), employees, agents, affiliates, shareholders, successors, and assigns, including Zvika Damri and Timea Hunter; SW Ranches Manor LLC, a Florida limited liability company, and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns; and all trainers, instructors, independent contractors, guests, agents, volunteers or invitees operating at or invited onto the Property relating to, or in connection with the, Activity, (collectively, the “Releasees”) from any and all claims, liabilities, demands, damages, causes of action, losses, costs, or expenses of any kind, including attorneys’ fees, arising out of, related to, or in connection with the Activity, my or my child or ward’s presence on the Property, or any act or omission by me or my child or ward, in any capacity, whether as participant, observer, guest, or otherwise, even if such claims result from the sole or joint negligence of any Releasee to the extent permitted by law.
- Indemnification and Defense
I, on my own behalf, or on behalf of my child or ward, and all heirs, executors, administrators, assigns, and legal representatives, agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, liabilities, demands, damages, causes of action, losses, costs, or expenses of any kind, including attorneys’ fees arising out of, related to, or in connection with the Activity, my or my child or ward’s presence on the Property, or any act or omission by me or 3 my child or ward, in any capacity, whether as participant, observer, guest, or otherwise, even if such claims result from the sole or joint negligence of any Releasee to the extent permitted by law.
- Medical Authorization and Responsibility
I authorize the Releasees to act in their discretion in providing or arranging for emergency medical services on my behalf, or my child or ward’s behalf. I acknowledge full responsibility for any charges incurred and agree to defend, indemnify and hold the Releasees harmless from any and all liability, claims, or costs arising under, related to, or in connection with the provision or failure to provide such services.
- Responsibility for Damage
I agree to be responsible for any damage to the Property, horses, or equipment due to my, or my child or ward’s, recklessness, negligence, or intentional misconduct.
- Governing Law
This Agreement shall be governed by Florida law. Any claim or dispute arising under, related to, or in connection with this Agreement shall be brought exclusively in a court of competent jurisdiction located in Broward County, Florida.
- Entire Agreement, Severability and Nature of Agreement
This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes any contemporaneous or prior representations, statements, or agreements, whether written or oral. No other promises or inducements have been made apart from those stated in this Agreement. This Release applies to any and all access to or use of the Property from the date signed forward and is not limited to a specific event or time period. It shall apply to all future participation in equine activities or entry upon the Property, unless and until revoked in writing. This Agreement is the result of arms-length negotiations between the parties and shall not be construed more strictly against either party as the drafter. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected and shall be enforced to the fullest extent permitted by law. It is the intent of the parties that this Agreement be construed to provide the broadest release of liability and indemnity allowed under applicable law, and any unenforceable
provision shall be modified and enforced to the maximum extent legally permissible. - Rules Compliance
I agree to follow all posted rules, verbal instructions, and safety guidelines provided by Company. I acknowledge that I have received and reviewed the rules of the facility, including the requirement to wear American Society of Testing and Materials approved helmets while mounted. Failure to comply may result in removal from the premises without refund or further participation.
FLORIDA LAW MANDATES EQUESTRIAN PROTECTIVE HELMETS FOR ANY CHILD YOUNGER THAN 16 YEARS OLD. NO PARENT OR GUARDIAN MAY WAIVE OR REFUSE PROTECTIVE EQUESTRIAN HELMET FOR ANY CHILD UNDER 16 YEARS OLD. Fla. Stat. § 773.06
- No Warranties or Duty to Supervise
Participant understands and agrees that no warranties or guarantees of safety are made by any Releasee. Participant is solely responsible for determining whether conditions are safe for participation. The Releasees do not undertake any duty to supervise or monitor the conduct or skill level of any participant.
Acknowledgment of Understanding
I acknowledge that I have carefully read this Waiver and Release of Liability in its entirety, fully understand its terms, and understand that I am giving up substantial legal rights, including the right to sue for injuries or damages that may result from negligence. I am aware that this is a binding legal document, and I sign it freely and voluntarily. I intend my signature to be a complete and unconditional release of all liability to the fullest extent permitted by law.