CAMP COMPLETE WAIVER & AGREEMENT PLEASE READ CAREFULLY!! THIS IS A WAIVER AND RELEASE OF LIABILITY WITNESS THIS AGREEMENT dated April 23, 2024 by and between: RMS RANCH, LLC, Farm To You Revue, LLC located at 19410 SW 25th Place Dunnellon, Fl 34431, and its agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf; Candice Miller, Scott Miller, Michael Cunningham; (hereinafter collectively referred to as “OWNER”) and ADULT PARTICIPANTS and/or MINOR CHILD(REN) PARTICIPANTS and their parents (hereinafter individually and/or collectively referred to as “PARTICIPANT”).
I certify that my child(ren) is/are in good health and capable of full participation in all the activities of RMS Ranch Horse Camp at RMS Ranch, sponsored by RMS Ranch, LLC and Farm to You Revue, LLC. I realize that there are certain inherent risks and dangers involved in equine and animal activities. These may include, but not be limited to, physical exertion, the many hazards associated with horse back riding and horse handling, including but not limited to falling off a horse, being stepped on by a horse, being bitten or kicked by an animal, contact with a variety of animals, plants, insects, and any type of labor or practices associated with camp activities made available by RMS Ranch, LLC. I represent to RMS that the minor child for whom I am responsible, is in good health and physically able to safely participate in out-of-door activities. I realize and agree to inform this minor child, that participation in these activities may result in property loss, delay, illness, injury, paralysis or death due to the foregoing dangers, the negligence of others, forces of nature, or other causes known or unknown. I am also aware that medical services may not be readily available or accessible during part or all of these activities. By this minor child’s participation in these activities, I hereby knowingly and expressly assume all risks arising out of them.
As a supervisor of a minor child, I make this agreement individually on behalf of this minor child, to induce RMS to allow this minor child to participate in the camp activities.
I also, on behalf of myself, my personal representative and my heirs hereby covenant not to sue and I agree to fully release, hold harmless, and indemnify RMS Ranch, LLC, Farm To You Revue, LLC and its agents, officers, employees, volunteers or successors from any and all contract or negligence claims and suits for bodily injury, property damage, wrongful DEATH, loss of services or otherwise which may arise out of this minor child’s participation in the activities of camp made available by RMS Ranch, LLC.
This contract shall be governed by and constructed in accordance with the Laws of the State of Florida, and the parties agree that the venue and jurisdiction for any action or proceeding arising out of this camp agreement shall be in Marion County, Florida. This contract shall be construed without regards to any presumption or rule requiring construction against the party causing the rental contract to be drafted. I HAVE READ THIS AGREEMENT, I UNDERSTAND THIS IS A RELEASE OF LIABILITY AND SIGN IT VOLUNTARILY FOR MYSELF AND MY MINOR CHILD. COMPLETE RELEASE FROM LIABILITY & ASSUMPTION OF RISK & INDEMNITY INHERENT RISKS & ASSUMPTION OF RISK. All visitors and participants acknowledge there are inherent risks associated with interacting with animals, including but not limited to equine, goat, sheep, cows, pigs, camels, donkeys, sloths, ferrets, ducks, chickens, rabbits, llamas, alpacas, hedgehogs, chinchillas, parrots, sugar gliders, dogs, cats, reptiles, tortoises and all other animals that may be residing on the ranch hereinafter to be called ALL ANIMALS, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to: the propensity of ALL ANIMALS & EQUINE to behave in ways that may result in injury, harm, or death to persons on or around them such as running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping; the unpredictability of ALL ANIMALS and EQUINE’S reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other equines, animals, or objects; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. Rider and all participants acknowledge that ALL ANIMALS & EQUINES, by their very nature are unpredictable and subject to animal whim, which may include the following non-exhaustive behavior: their propensity to kick, bite, shy, buck, stumble, bolt, rear or general unpredictability. ALL Visitors assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. Ranch Visitors and all participants & guests agree to abide by and follow Owner’s rules and regulations. MINOR CHILD. In the event the Ranch Visitor, Spectator, Rider or participant is a minor child, the Parent/Natural Guardian recognizes and agrees that Owner is a commercial activity provider, as that term is used in Florida Statute § 744.301, and the Parent/Natural Guardian shall further indemnify, defend and hold Owner harmless from any such claims which would accrue to him/herself and/or said minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity, regardless of any statute of limitations or contractual limitation of actions. IN CASE OF INJURY OR LOSS, WAIVER INDEMNITY AGREEMENT:
I/we understand that interacting with ALL ANIMALS & horseback riding and related activities, such as petting, handling, grooming, leading, riding, schooling, trail riding, obstacle training and all other interactions with ALL ANIMALS & horses, are very dangerous and involve the risk of serious injury and/or death, and/or property damage, including injury and/or death to horses, spectators, visitors, riders and others. Accordingly, I/we agree that any activity engaged in by myself and/or my minor child, or related to ALL ANIMALS & horses or horseback riding, is done at my own risk.
Accordingly, I/we agree to release and agree to hold harmless RMS Ranch, LLC, Farm To You Revue, LLC, Candice Miller and Scott Miller, Michael Cunningham, along with employees, volunteers, and any and all persons or entities who are guarantors or indemnitors of the above, all agents, employees, promotors, sponsors, other visitors, horse riders, horse owners, advertisers, sales persons, photographers, volunteers, (hereinafter called Releasees) from all liability for negligence or otherwise.
I/we assume full responsibility for the risk of bodily injury, illness, death of myself and/or my minor child and any property damage due to the negligence of Releasees or otherwise while the participating in activities provided by Farm To You Revue, LLC, RMS Ranch, LLC, Candice Miller, Scott Miller, along with it’s volunteers and employees or heavily engaged in ALL ANIMAL activities, horseback riding-related activities, and/or while training, riding, competing, officiating, observing, volunteering, teaching, boarding, working for, or for any purpose relating to ALL ANIMAL activities or horseback riding, or participating as rider or spectator in such activities. I/we agree not to sue any Releasees, and I/we release and agree to indemnity for the Releasees from and for all liability for the undersigned, his/her person, representatives, assignees, heirs, and demands therefore on account of injury to her person or property, or death of undersigned whether caused by the negligence of the Releasees or otherwise. I/we agree that this release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida where these activities are conducted, and if any part hereof is held invalid, it is agreed that the balance shall continue of full force and effect. I Agree WARNING TO THE MINOR CHILD’S PARENT/GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. You are agreeing to allow your minor child to engage in a potentially dangerous activity. You are acknowledging that even if the owner uses reasonable care, there is a chance your child may be seriously injured or killed by participating in this activity because there are certain dangers inherent to ALL ANIMALS & equine activities which cannot be avoided or eliminated. By signing this form you are giving up your child’s right and your right to recover from owner in a lawsuit for any personal injury including death to your child, yourself or any property damage that may result from the risks that are a natural part of the activity. You have the right to refuse to sign this form and owner has the right to refuse to let your child participate if you do not sign this form. FLA. STAT. § 744.301(3) (2010). I Agree WARNING
ALL ANIMAL activities, interacting with or being around ALL ANIMALS, including Horses, horseback riding and all its related activities are dangerous and there are risks involved in your participation or observation. You can be seriously/permanently injured or killed as a result of your participation in acitivites with ALL ANIMALS, horses, horseback riding or its related activities. Each individual Participant, regardless of experience, has final responsibility for his/her own safety as well as their child's safety. I Agree
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. Fla. Stat. § 773.04 (2009). I Agree
WARNING:
Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity. Fla. Stat. § 570.89 I Agree I HAVE READ THIS AGREEMENT, I UNDERSTAND THIS IS A RELEASE OF LIABILITY AND SIGN IT VOLUNTARILY FOR MYSELF AND MY MINOR CHILD.
MEDICAL CONSENT AND ASSUMPTION OF RISK 1. Beginning on the first day of my or my child/ward’s presence and attendance at and/or participation in the RMS Ranch Horse Camp and all associated activities and outings including, but not limited to, horse back riding and interacting with animals, continuing from day to day throughout the time my child/ward is present at, attends, and/or participates in the Camp, I hereby authorize any licensed physician, emergency medical technician, paramedics, nurses, hospital or other medical or health care facility or provider (“Medical Provider”) to provide medical care to my child/ward for any illness, injury, and/or condition that occurs, manifests or arises at the Camp. I further authorize any such Medical Provider to perform all procedures or services deemed medically advisable to treat or relieve, or to attempt to treat or relieve, any illness, injury, and/or condition.
2. I authorize RMS Ranch LLC, its parent, all subsidiaries, related and affiliated entities, including but not limited to, Farm To You Revue, LLC and all their officers, directors, members, partners, shareholders, employees, agents, insurers, successors and assigns (“SEA”) to share medical information related to my child/ward with any Medical Provider providing medical care to my child/ward for any illness, injury, and/or condition that occurs, manifests or arises at the Camp.
3. I execute this Medical Consent and Assumption of Risk (the “Consent”) with RMS Ranch. I understand and agree that this Consent shall be binding on me and my child/ward, as well as the representatives, executors, heirs, next of kin, administrators, beneficiaries, successors and assigns of my child/ward. 4. I acknowledge that there is a risk of complications and unforeseen consequences in any medical treatment and I, individually and as parent/natural guardian of my child/ward, a minor, sign this Agreement on behalf of my child/ward. I acknowledge that no warranty is being made as to the result of any medical treatment. I agree that any health history provided by me or my child/ward is correct to the best of my knowledge.
5. I acknowledge having knowledge and experience with the health and capabilities of my child/ward superior to Camp staff. I certify that my child/ward is in good health and does not have any health or mental / physical impairments or conditions that would be aggravated by attendance or participation at the Camp or that make such attendance or participation unsafe or otherwise inappropriate for my child/ward, the animals at the Camp, or other campers. I further certify that my child/ward does not currently have upper respiratory disease or illness (including but not limited to asthma, colds, flu, etc.), is not on medication that suppresses immune function or has possible side effects that would interfere with the Camp, and that my child/ward does not have open sores, open wounds, cuts, abrasions, skin irritations or other outward signs of illness.
I Agree
COVID RELEASE INHERENT RISKS & ASSUMPTION OF RISK. All ranch visitors including camp participants, pony riders and their parents, volunteers, and similar acknowledge there are inherent risks associated with interacting with other people during a pandemic and hereby expressly assumes all risks associated with participating in such activities.
COVID Risk WARNING:
Exposure to COVID is an inherent risk in any location where people are present; we cannot guarantee you, your family or friends will not be exposed to COVID during any visit to the ranch including but not limited to, animal experience, ranch visit, tour or camp. By visiting our ranch or allowing your child to visit and participate in any activity where there are people, you are accepting all risks associated with COVID.
I Agree I understand and agree to all of the above WARNINGS & Risks. I represent and agree that I have the legal capacity and authority to act on behalf of myself and my child/ward. This release shall be binding upon me and/or the minor camper, and my or the minor camper’s heirs, executors, representatives, next of kin, beneficiaries, administrators, successors and assigns.
PHOTO RELEASE PARTICIPANT AND I hereby grant to RMS Ranch, LLC & Farm To You Revue, LLC the right to reproduce, use, exhibit, display, broadcast, distribute and create works of horse camp related photographs or videotaped images of my child for use in connection with the activities of RMS Ranch or for promoting, publicizing or explaining the camp or its activities. This grant includes, without limitation, the right to publish such images on the web site, and public relations / promotional materials, such as marketing and other publications, advertisements, fund-raising materials and any other ranch-related publication. All photos taken are without compensation to participant. All electronic or non-electronic negatives, positives, and prints are owned by RMS Ranch. I Agree
NON-DISPARAGEMENT PARTICIPANT agrees and certifies that he/she will not write, post, publish or other disseminate negative information in relation to OWNER, it's agents or business(es) name on any form of social media, including google reviews or any form of internet based reviewing platform. PARTICIPANT agrees that a violation, upon discovery, will result in legal damages payable by the PARTICIPANT to the OWNER in the amount of $20,000 per occurrence. This amount represents the OWNER'S loss of future revenue and damages to OWNER'S reputation within the industry. Negative opinions, false accusations, or statements could have a significant impact on future business. Therefore, all violations of this section will be pursued to the maximum extent allowed by law. I Agree DURATION: This waiver does not expire. I understand that this waiver is valid from the date I sign it going forward into the future indefinitely. I understand that this waiver is in effect for every visit, encounter, experience, lesson, camp etc from the date of signature into the future indefinitely. This waiver does not expire and does not need to be resigned for each visit. I Agree
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