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Florida Equine Horseback Riding Liability Waiver for Florida Beach Horses LLC 

July 5, 2024

PLEASE READ CAREFULLY BEFORE SIGNING

This agreement, release and assumption of risk agreement must be completed by and for each participant in any activity organized or arranged by Florida Beach Horses LLC

SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIE ACTIVITY. Florida Beach Horses LLC  DOES NOT GUARANTEE YOUR SAFETY.

Participant registration and agreement- in consideration of signing of this agreement, the below named participant and the parent or legal guardian thereof if a minor, agree to participate in equestrian services and/or outfitter services provided by Florida Beach Horses LLC today and on future dates.

To Participant, Parent or legal Guardian: READ and Initial each section

1. 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,Sarasota and Manatee County. If any clause, phrase or word is in conflict with the 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 term “I, Me, or My” shall herein refer to the above registered participant and the parents or legal guardians thereof if a minor. 


 

2. Inherent Risks; Assumption of Risks– I acknowledge that: Horseback riding is considered rugged adventure recreations sport activity, and that risks, conditions and dangers are inherent in horse/equine activities, regardless of all feasible safety measures which can/will be taken, and I agree to assume such risks. Risks include, without limitation, death, personal injury or damage or loss to persons on or around the animal, the unpredictability of a Horses reaction to sounds, sudden movement, unfamiliar objects, 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 the other persons, including but not limited to, failing to maintain control over an equine and/or failing to act within the ability of the rider. If a rider falls from a horse to the ground it will generally be at a distance from 3'6” to 5'6”, with the fall exacerbated by the momentum of the equine's movement, and the impact may result in injury to the rider. 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, kicking, rearing, 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 Florida Beach Horses LLC's  ability to call for, or the arrival of, County EMS vehicles and staff.


 

3. 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 wild, rugged, and uncultivated area or region, such as in forest, hills, mountains, plains, beaches, wetlands, river, bay and/or sea”, which would likely be uninhibited by people and inhabited by wild animals including, 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 wandering at their will. I/We acknowledge that Florida Beach Horses LLC is not responsible for acts, occurrences, or elements of nature that can scare a horse, cause it to fall or act in any other unsafe manner. Some examples are: thunder, lightning, rain, wind, water, wild and domestic animals, fish, birds, reptiles, which may walk, run, fly near or bite/sting a person or horse; and irregular footing on out of door groomed or wild land or waters which is subject to constant change in condition according to weather, temperature, and natural and man-made 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 Florida Beach Horses LLC  to list all possible risks. The participant and parent or legal guardian have inspected the premises and facilities and are satisfied that all conditions are reasonably safe for this participant's intended purpose, usage and presence.


 

4.  Rider Responsibility-I acknowledge that upon mounting a horse and taking the reins, the rider is solely responsible for being in control of the horse. The rider's safety largely depends upon his/her ability to carry out simple instructions and remain balanced aboard a 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. Florida Beach Horses LLC  advices pregnant women not to ride horses, unless permission is given under advice of her physician, and rides at her own risk.


5.  Saddles, Girths, Natural loosing-I acknowledge that saddles, girths may loosen during a ride. If a rider notices this he/she must alert the nearest guide as quickly as possible so action can be taken to avoid slippage of saddle and a potential fall from the animal/horse.


6.  Medical Insurance-Should emergency medical treatment be required, I agree that I and/or my own accident/ medical insurance carrier(if carried) shall pay for ALL medical treatment and expenses; Florida Beach Horses LLC shall have no liability for any such medical expenses or treatment.


7.  Protective Head Gear (Helmet)-I, for myself and on behalf of my child or legal ward, are hereby offered protective headgear by Florida Beach Horses LLC 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 from happening as a result of a fall or other occurrence. I/we understand that Florida Beach Horses LLC provided protective 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.


Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

8.  Liability Release & Indemnity- in consideration of Florida Beach Horses LLC allowing my participation in this activity, I, the rider and/or parent/legal guardian thereof if a minor, do hereby release and discharge Florida Beach Horses LLC  its owners, agents, employees, contractors, subcontractors, officers, directors, representatives, assigns, landlords, insurers, and affiliated organizations(collectively, “associates”) from any and all liability due to Florida Beach Horses LLC  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 Florida Beach Horses LLC and/or its associates for any economic or non-economic 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 Florida Beach Horses LLC and  or its Associates, to include while riding, handling, or otherwise being near horses or equines. The participant and his/her parents or legal guardian agree to indemnify Florida Beach Horses LLC and its Associates and to hold them harmless, from and against any and all costs, expenses, damages, and losses(including legal fees and court costs) sustained or incurred by Florida Beach Horses LLC and 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/her family, guests or employees, and/or (ii) any actions or inactions taken by Florida Beach Horses LLC and  or any Associates in trying to administer basic life support or medical care prior to the arrival of County EMS staff. 


9.  Equine Activity Liability Act (EALA) Warning or Language-I acknowledge that I have viewed Florida's Equine Activity Liability Act Waring, 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.


10.  Artist Release-I/we hereby give Florida Beach Horses LLC and Ava Schultz Photography (if on-site) permission to use (display, reproduce, duplicate, distribute, license, sell, publish, etc.) the photographs and video/audio recordings made of me for all purposes, including advertising and trade.


All riders and parents or legal guardians must sign below after reading this entire document, I/we the undersigned have read and fully understand the foregoing agreement, warnings, release, and assumption of risk. I/we further attest that all factors are true and accurate. I/we are of sound mind and not suffering from shock, or under the influence of alcohol or drugs.


Please don't forget to kiss your horse and tip your guide!

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

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
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Weight: *
Horse Riding Experience:*
5. Does the participant(s) have any physical or mental conditions, problems, and/or disabilities which may affect his/her safety and ability to ride a horse?*

If checked Yes please describe on a separate sheet of paper his/her conditions and how we may help with his/her special needs.

Protective Head Gear (Helmet)*

Note: For any participant younger than 16 years of age, wearing protective headgear is MANDATORY under Florida State Law and cannot opt out of the requirement to wear protective headgear.

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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