PLEASE READ CAREFULLY
WARNING: UNDER FLORIDA LAW, AN EQUINE ACTIVITY SPONSOR, EQUINE PROFESSIONAL, OR ANY OTHER PERSON OR LEGAL ENTITY IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.
Proper execution of the following General Release, Liability Waiver and Assumption of All Risk and Liability by the undersigned is a prerequisite to the undersigned or the undersigned’s minor child or legal ward (“Participant”) being able to take part in any and all equine and related activities as a rider, driver, trainer, boarder, groomer, guest, visitor, spectator, vendor, volunteer or participant in any equine event or otherwise in connection with lessons, boarding clinics, driving or riding club meets, horse training shows, stall rentals, apartment or cottage rentals, RV camping, carriage rides, special events or any other horse, recreational or farm-related activities (“Equine Activities”) sponsored by or taking place at the Black Prong Equestrian Village (“Black Prong Equestrian Village”) and/or by all related or affiliated organizations including but not limited to Black Prong Equestrian Village LLC and 6851 LLC, all of which entities together with their respective members, managers, representatives, volunteers, agents and employees are hereinafter referred to herein as the “Releasees.”
In consideration of the Participant electing to use the Black Prong Equestrian Village, including but not limited to use of the fields, trails, tracks, rings, courses, fences, water hazards, barns, paddocks, stables, buildings, roadways, facilities, and/or equipment, and to participate in Equine Activities, the undersigned, as or on behalf of said Participant, Participant’s heirs, next of kin, dependents, representatives, executors, administrators, successors or assigns, HEREBY FOREVER Releases, Indemnifies and Hold Harmless the Releasees from any cause of action, claims or demands of any nature whatsoever (including, but not limited to actions for costs and/or attorney’s fees) which the undersigned and/or the Participant, their representatives, heirs, next of kin, dependents, executors, administrators, or any other person or entity on Participant’s behalf, may now have, or have in the future, against the Releasees on account of personal injury, loss, property damage, or accident of any kind, including death, arising out of the participation in or observation of Equine Activities by the undersigned and/or the Participant, including without limitation, participation in or observation of Equine Activities sponsored by one or all Releasees.
The undersigned and/or Participant further understand that by signing this Release, the undersigned and/or Participant covenant and agree that the undersigned and/or Participant, as well as their heirs, next of kin, dependents, representatives, executors, administrators, successors or assigns, will never institute any suit or action at law of otherwise against the Releasees or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to the Participant’s person or property or both, or Participant’s death, which may result from the Participant’s attendance at or participation in Equine Activities. The undersigned and/or Participant are hereby given notice of risk intrinsic and inherent in equine activities, including Equine Activities, including (i) the propensity of an equine to behave in dangerous ways which may result in injury to the Participant; (ii) the inability to predict an equine's reaction to sound, movements, objects, persons, or animals; and (iii) hazards of surface and subsurface conditions - and specifically assumes this risk and the risk of acts or omissions that constitute negligence for the safety of the Participant by the Releasees, whether or not related to the preceding enumerated intrinsic dangers and inherent risks.
The undersigned and/or Participant further understand that participation in Equine Activities involves substantial risk of injury - including death - and fully understands, accepts and assumes that risk. The undersigned and/or Participant verify that the Participant is in good health and that Participant has no physical limitations which would preclude Participant’s safe participation in Equine Activities. The undersigned and/or the Participant agree that prior to participating the undersigned and/or Participant will inspect the facilities, mounts, and related equipment to be used for suitability and safety, and if they believe anything is unsafe, they will immediately advise a Black Prong Equestrian Village representative of such condition and refuse to participate. The undersigned and/or Participant hereby specifically assume the risk of their own negligence in any Equine Activities and any negligence of the Releasees.
The undersigned and/or Participant hereby acknowledge that no medical emergency services or emergency transportation services are or will be provided by the Releasees during Equine Activities, and if the undersigned and/or Participant are unable to timely do so on Participant’s behalf, the undersigned and/or Participant hereby consent, direct and authorize the Releasees to call 911 and/or contact an emergency medical care provider to engage any emergency medical care, diagnosis or transportation as they may deem appropriate for Participant, inclusive of necessary treatment, diagnosis or transportation, whether surgical or otherwise, and that this General Release, Liability Waiver and Assumption of All Risk and Liability extends to any and all liability arising out of, or in any way connected to such provision or emergency medical treatment, diagnosis or transportation. The undersigned and/or Participant hereby agree to assume all risk and to pay all costs in connection with or associated to such treatment, diagnosis or transportation.
The undersigned and/or the Participant understand that the Releasees do not provide medical or hospitalization insurance for Participants. The undersigned certifies that the Participant will be covered by Participant’s own medical and hospitalization insurance while participating in Equine Activities. The undersigned and/or the Participant further state that the undersigned and/or Participant are cognizant of all of the intrinsic dangers and inherent risks of participation in Equine Activities including the dangers of participating in and observing Equine Activities; that the undersigned and/or Participant are of lawful age and legally competent to sign this General Release, Liability Waiver and Assumption of All Risk and Liability which the undersigned and/or Participant has fully read and completely understands; the undersigned and/or Participant understand the terms herein are contractual and legally binding and not a mere recital; and that this General Release, Liability Waiver and Assumption of All Risk and Liability has been signed under free will by the Participant or on behalf of the Participant by the undersigned parent or legal guardian of Participant whom understands the nature of the Equine Activities described herein.
By electing to participate in the Equine Activities, the undersigned and/or Participant acknowledge, understand, and fully assume all risk of exposure to and/or contracting COVID-19 or any other communicable disease or illness at Black Prong Equestrian Village, including as a result of actions or inactions by the Releasees, other participants or third parties. The undersigned and/or Participant hereby forever release, waive, indemnify and hold harmless the Releasees from any and all liability associated with any communicable disease or illness contracted while at Black Prong Equestrian Village. The undersigned and/or Participant also agree to follow and comply with the guidelines issued by the Florida Department of Health and the CDC, as well as any rules and policies in place at Black Prong Equestrian Village relating to isolation, masking, social distancing, and any and all other measures required by Black Prong Equestrian Village, in its sole discretion, to reduce the spread of COVID-19 and other communicable diseases.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:
Today's date: December 1, 2023