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Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement

November 21, 2024

WARNING UNDER FLORIDA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A CLIENT IN EQUINE ACTIVITIES RESULTING FROM INHERENT RISKS OF EQUINE ACTIVITIES SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY AND CPONIES, LLC DOES NOT GUARANTEE YOUR SAFETY.

PLEASE READ CAREFULLY BEFORE SIGNING

THIS RELEASE AND WAIVER OF LIABILITIY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT MUST BE COMPLETED BY AND FOR EACH PARTICIPANT PRIOR TO PARTICIPATION IN ANY ACTIVITY ORGANIZED OR ARRANGED BY CPonies, LLC (the Company), located at 12515 River Road, Myakka City, FL 34251.

PARTICIPANT REGISTRATION AND AGREEMENT The undersigned as a Participant/Spectator/Visitor/Guest/Client (collectively Participant), on his/her own behalf, and if applicable, as the Parent/Legal Guardian of a minor Participant (minor included as Participant), for good and valuable consideration, agrees to the following terms and conditions of this Release, Waiver, Hold Harmless, and Indemnification Agreement (Agreement):

AGREEMENT SCOPE DEFINITIONS This Agreement shall be legally binding upon me, the registered participant and the parents or legal guardian thereof (if I am a minor), my heirs, estate, assigns, including all minor children and personal representatives and it shall be interpreted according to the laws of the State of Florida, Pinellas County and Manatee County. If any clause, phrase or word is in conflict with state law, then that single part of this Agreement is null and void. The term horse herein shall refer to all equine species, ground or mounted. The term participant or rider shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The terms I, me, and my shall herein refer to the aboveregistered participant and the parents of legal guardians thereof if a minor.

I Agree

INHERENT RISKS ASSUMPTION OF RISKS I acknowledge that: Horseback riding is considered rugged adventure recreational sport activity, and that risks, conditions, and dangers are inherent in horse/equine activities, regardless of all feasible safety measures which can be taken, and I agree to assume such risks. Risks include, without limitation, death, personal injury or damage or loss to property or persons on or around the animal the unpredictability of a horses reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals hazards, including, but not limited to, surface or subsurface conditions, a collision, encounter and/or confrontation with another horse or other animal, a person, object or vehicle the potential of another equine activity participant to act in a negligent manner that may contribute to injury, harm, death or loss to the participant or to other persons including, but not limited to, failing to maintain control over an equine and/or failing to act within the ability of the participant. Horses are generally 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from a horse to the ground it will generally be at a distance of from 36 to 56, with the fall exacerbated by the momentum of the equines movement, and the impact may result in injury to the rider. Horseback riding is an activity where a much smaller, weaker predator animal (human participant) tries to impose its will on another much larger, stronger prey animal with a mind of its own (equine) and each has a limited understanding of the other. If a horse is frightened or provoked, it may divert from its training and act according to its natural survival instincts which may include, but are not limited to, abruptly stopping short or changing directions, shifting its weight, bucking, rearing, kicking, biting or running from danger. Any or all of these may result in injury or death. In the event of an emergency, the participant understands that there may be delays in the Companys ability to call for, or the arrival of, emergency medical vehicles and staff.

I Agree

WILDERNESS & NATURE HAZARDS INSPECTION OF PREMISES I/We acknowledge that the participant may be taking part in a Wilderness Experience that may be hazardous to people. I/We acknowledge that the meaning of Wilderness Experience is defined as the pursuit of adventure type activity in a wilder, rugged, and uncultivated area or region, such as in forest, hills, mountains, plains, wetlands, river, bay and/or sea, which would likely be uninhabited by people and inhabited by wild animals inclusing, without limitation, mammals, alligators, sharks, snakes, reptiles, fish, birds, insects, and loose dogs which are not tame, may be savage and unpredictable in nature and also wondering at their will. I/we acknowledge that the Company is not responsible for acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsage way, and can cause death, injury, or drowning to participant. Some examples are: thunder, lightning, rain, wind, water, wild and domestic animals, fish, birds, insects, reptiles, which may walk, run, or fly near, or bite or sting a horse or person and irregular footing on outdoor groomed or wild land or waters which is subject to constant change in condition according to weather, temperature, and natural and manmade changes in landscape. I also acknowledge that these are just some of the risks and I agree to assume these, as well as others not mentioned above. I am not relying on the Company to list all possible risks. The participant and parent or legal guardian have inspected the Companys premises and facilities, and are satisfied that all conditions are reasonably safe for this particpants intended purpose, usage and presence.

I Agree

RIDER RESPONSIBILTIY I acknowledge that: I am in good physical condition to mount and dismount my horse unassisted using a three step mounting block. Upon mounting a horse and taking up the reins, the rider is solely responsible for being in control of the horse. The riders safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal. I agree that the rider shall be solely responsible for his/her own safety, and that of an unborn child if the rider is pregnant. The Company advises pregnant women NOT to ride horses, unless permission is given under advice of her physician.

I Agree

CARRYON OBJECTS AND SHARP NOISES I acknowledge that: Riders must not carry loose items on rides which may fall, blow away, flap in the wind, bounce, dig into skin, or make sharp noises, possibly scaring the horse. Some examples are: cameras, keys, hats not securely fastened under chin, toys, purses, cell phones. Riders must not make short, loud noises such as screaming or yelling which may scare a horse and cause a horse to react in an unsafe way.

I Agree

SADDLES, GIRTHS NATURAL LOOSENING I acknowledge that saddles girths (saddle fasteners around a horses belly) may loosen during a ride. If a rider notices this he/she must aler the nearest guide or wrangler as quickly as possible so action can be taken to avoid slippage or saddle from a potential fall from the animal.

I Agree

LIABILITY RELEASE & INDEMINITY In consideration of the Company allowing my participation in this activity, I, the rider, and the parent or legal guardian thereof if a minor, do hereby release and discharge the Company, its owners, agents, employees, contractors, subcontractors, officers, directors, representatives, assigns, landlords, insurers, and affiliated organizations (collectively, Associate) from any and all liability due to the Companys and or its Associates actions, inactions or status as owner or operator of the business, the horses, and/or the premises and facilities, excepting only any liability due to gross negligence or intentional actions. I agree to bring no claims, demands, suits, actions, or litigation against the Company and/or its Associates for any economic or noneconomic losses due to bodily injury, death, property damage, or other losses sustained by me and/or my minor child or legal ward in relation to the premises and operations of the Company or its Associates, to include while riding, handling, or otherwise being near horses or equines. The participant and his/her parents or legal guardians agree to indemnify the Company and its Associates, and to hold them harmless, from and against any and all costs, expense, damages, and losses (including legal fees and court costs) sustained or incurred by the Company or any Associates, on account of (i) damage to property arising out of, or in consequence of, the participants use of the premises or any improvements thereon, equipment, horses or other property supplied to, by or made available to participant or to his or her family, guests or employees, and/or (ii) any actions or inactions taken by the Company or any Associates in trying to administer basic life support or medical care prior to the arrival of County EMS staff.

I Agree

MEDICAL EXPENSES Should medical treatment be required due to an injury while participating in this activity, I agree that I and/or my own accident/medical insurance carrier (if carried) shall pay for ALL medical treatment and expenses the Company shall have no liability for any such medical expenses or treatment.

I Agree

EQUINE ACTIVITY LIABILITY ACT (EALA) WARNING OR LANGUAGE I acknowledge that I have reviewed Floridas Equine Activity Liability Act Warning, a copy of which is posted on the premises. 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.

I Agree

ARTIST RELEASE I/We hereby give the Company permission to use (display, reproduce, duplicate, distribute, license, sell, publish, etc.) the photograph(s) and video/audio recordings made of me for all purposes, including advertising and trade. If I/We do not want the Company to use (display, reproduce, duplicate, distribute, license, sell, publish, etc.) the photograph(s) and video/audio recordings made of me for all purposes, including advertising and trade, I\We understand that I/We will not be able to purchase the photo package on the day of our ride.

I Agree

PARTICIPANT CERTIFICATION I/We the undersigned have read and fully understand the foregoing agreement, warnings, release and assumption of risk. I/We further attest that all facts are true and accurate. I/We am/are of sound mind and not suffering from shock, or under the influence of alcohol or drugs.

I Agree

 

 

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
Horse Riding Ability:*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Horse Riding Ability:*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Horse Riding Ability:*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Horse Riding Ability:*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Horse Riding Ability:*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Horse Riding Ability:*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Horse Riding Ability:*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Horse Riding Ability:*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Horse Riding Ability:*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Horse Riding Ability:*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Booking

What name was your ride booked under? *

Booking Number
Medical Conditions
Do any of the above named participants have any physical or mental health conditions, problems, and/or disabilities which may affect his/her/their safety and ability to ride a horse?*
No
Yes

If "yes", please describe below in detail. (a) the specifics of the Participant's health conditions, problems and/or disabilities, and (b) how the Company may help this participant with his/her special needs.
Do you have any allergies that require you to carry an epi pen with you?*
No
Yes
If yes, please acknowledge that our guide can bring your epi pen on the ride with them in their dry box, however, CPonies and their employees will not be responsible for any damage to your epi pen during the ride. *
This does not apply to me
I will not hold CPonies or their employees responsible for any damage to my epi pen during the ride.
Protective Head Gear (Helmet)
I, for myself and on behalf of my child or legal ward, are hereby offered protective headgear (helmet) by the Company and do understand that the wearing of such headgear while mounting, riding, dismounting and otherwise being around horses may prevent or reduce severity of some head injuries, and may even prevent death happening as a result of a fall or other occurrence. I/We understand that Company-provided headgear may not fit perfectly for each rider's head, and that once provided, I/we will be responsible for securing the helmet on the rider's head at all times. Please choose the statement that describes your choice to wear, or not to wear, the Company provided protective headgear:*
Yes -I/We request the company to provide protective headgear. I/we will solely be responsible for securing the helmet on the rider's head at all times
No -I/we refuse this participant to wear any type of protective headgear and/or will provide my/our own. I/we accept full responsibility for my/our safety with this decision.

NOTE: For any participant younger than 16 years of age, wearing protective headgear is mandatory.  Any rider younger than 16 years of age cannot opt out of the requirement to wear a helmet.

Personal Flotation Devices (PFDs)
I, for myself and on behalf of my child or legal ward, are hereby offered personal flotation devices (PFDs) by the Company and do understand that the wearing of such PFDs while participating in the intended activity may prevent or reduce severity of some injuries, and may even prevent death happening as a result of a fall into the water or other occurrence. I/We understand that Company-provided PFDs may not fit perfectly for each rider, and that once provided, I/we will be responsible for securing the PFD on the rider at all times. Please choose the statement that describes your choice to wear, or not to wear, the Company provided personal flotation device (PFDs):*
Yes -I/We request the company to provide a PFD. I/we will solely be responsible for securing the PFD on the rider at all times
No -I/we refuse this participant to wear any type of PFD and/or will provide my/our own. I/we accept full responsibility for my/our safety with this decision.

NOTE: For any participant younger than 12 years of age, wearing a personal flotation device is mandatory.  Any rider younger than 12 years of age cannot opt out of the requirement to wear a personal flotation device.

NOTICE TO MINOR CHILD'S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF CPONIES LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM CPONIES LLC, INCLUDING ITS EMPLOYEES AND VOLUNTEERS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND CPONIES LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.




Name of Child or Children

Guardian Signature

Date
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Horse Riding Ability:*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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