October 11, 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 |