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EQUINE ACTIVITY RELEASE AND WAIVER OF LIABILITY FOR DREAM CATCHER HORSE RANCH RESCUE CENTER INC. (“STABLE”)

READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER MONETARY DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE STABLE, ITS OWNERS, EMPLOYEES AND AGENTS OR ANY TRAINERS AT THE STABLES, AND THEIR EMPLOYEES AND AGENTS (“THE RELEASEES”). 

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. FL STAT 773.01-06

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. FL STAT 570.88-89

 1. Release and Indemnity Agreement. Participation in an equine activity, such as horseback riding, volunteer work or visiting a stable, involves inherent risks, which include, but are not limited to the propensity of equines to behave in ways such as running, bucking, biting, kicking, shying, stopping short, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of 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 animals; 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 such participant’s ability. I acknowledge that horses, by their very nature are unpredictable and subject to animal whim. In consideration of the acceptance of my engaging in and/or my child or ward engaging in, equine activity conducted or allowed by the Stable, and with the understanding of the inherent risks of engaging in equine activity, I AGREE TO ASSUME THE RISKS incidental to such participation including, but not limited to, those risks set out above, and, on my own behalf, on behalf of my child or ward, and on behalf of my child's or ward's heirs, executors and administrators, RELEASE and forever discharge the released parties defined below, of and from all liabilities, claims, actions, damages, costs or expenses of any nature, arising out of or in any way connected with my participation and/or the participation of my child or ward in such equine activities and further agree to indemnify and hold each of the released parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses, including, but not limited to, attorney's fees and disbursements. The released parties are Dream Catcher Horse Ranch Rescue Center inc, its parent, related, affiliated and subsidiary companies and the partners, principals, officers, directors, employees, independent contractors, agents, representatives, successors and assigns of each. I understand that this release and indemnity agreement includes any claims based on the negligence, actions or inaction of any of the above released parties, and covers bodily injury and property damage, whether suffered by me, my child or ward before, during, or after such participation. I further understand that this release and indemnity agreement includes any claims based on tack that is faulty or should be known to be faulty, the failure to make reasonable and prudent efforts to determine equine activity participant ability, a dangerous latent condition of the land, or the failure to satisfy a reasonably prudent person standard.

2. Authorization to Obtain Medical Treatment For Minor I further authorize medical treatment for my child or ward, at my cost, if the need arises. Stable is hereby authorized to obtain any and all medical treatment Stable deems reasonably necessary for my minor child or ward, and I agree to bear any cost connected therewith and shall pay promptly upon billing by the health care provider. Stable shall incur no financial liability for medical treatment obtained pursuant to this authorization.

3. Stable Rules I agree on my own behalf and/or on behalf of my child or ward to abide by and follow Stable’s rules as posted or instructed.

4. Full And Fair Disclosure Of Rider’s Abilities I further acknowledge that the behavior of any animal is contingent to some extent upon the ability of its rider. I warrant on my own behalf and/or on behalf of my child or ward that a full and fair disclosure of the rider's abilities have been made to Stable.

5. I understand the potential dangers that I could incur in mounting, riding, walking, boarding, feeding equines; including, but not limited to, any interactions with other animals. Understanding those risks I hereby release that stable, its officers, directors, shareholders, employees and anyone else directly or indirectly connected with that stable from any liability whatsoever in the event of injury or damage of any nature (or perhaps even death) to me or anyone else caused by or incidental to my electing to mount and ride a horse owned or operated by stable. I acknowledge and agree that an animal may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, or saddles, bridles, or other equipment may loosen or break - all of which may cause serious injury or death to any person on or within close proximity of said animal

6. RELEASE, DISCHARGE AND PROMISE NOT TO SUE the Stable, doing business under its own name or any other name and/or any of its owners, officers, employees and agents, for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.

7. Use Of Rider’s Own Horse In the event rider is using a horse(s) not owned by Stable, I warrant on my own behalf and/or on behalf of my child or ward that said horse(s) shall be free from infection, contagious or transmittable diseases. Stable reserves the right to refuse access or use of any horse upon the premises that does not appear to Stable to be in good health, or is deemed dangerous or undesirable.

8. Choice Of Law And Venue This agreement and release is made and entered into in lake County, Florida, and shall be enforced and interpreted in accordance with Florida law. Any claim arising from or relating to this agreement and release shall be filed and venued in Lake County, Florida.

9. Photo release- I hereby grant and authorize DreamCatcher Horse Rescue the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for legally promotional materials including, but not limited to, social media, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing. I hereby hold harmless, and release DreamCatcher Horse Rescue from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.

10. Attorneys' Fees: Participant agrees to reimburse Released Parties for any attorneys' fees and costs incurred by Released Parties in enforcing the terms of this Agreement and/or in defending or prosecuting any claims involving, or in any way relating to, Participant.

Participant certifies that they have read this EQUINE ACTIVITY RELEASE AND WAIVER OF LIABILITY and understands, agrees, and intends on his/her own behalf, and on behalf of minor Participant, spouse, heirs, agents, representatives, relatives, successors, and assigns, to be bound by all of the terms and conditions contained for all claims now or in the future.

 

First Participant's Name

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First Participant's Signature*
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Parent or Guardian's Email Address

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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

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Relationship*

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Parent or Guardian's Date of Birth*
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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