INHERENT RISKS & ASSUMPTION OF RISK. All visitors and participants acknowledge there are inherent risks associated with interacting with animals, including but not limited to equine, goat, sheep, cows, pigs, camels, donkeys, sloths, ferrets, ducks, chickens, rabbits, llamas, alpacas, hedgehogs, chinchillas, parrots, sugar gliders, dogs, cats, reptiles, tortoises and all other animals that may be residing on the ranch hereinafter to be called ALL ANIMALS, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to: the propensity of ALL ANIMALS & EQUINE to behave in ways that may result in injury, harm, or death to persons on or around them such as running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping; the unpredictability of ALL ANIMALS and 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 equines, animals, or objects; 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 his or her ability. Rider and all participants acknowledge that ALL ANIMALS & EQUINES, by their very nature are unpredictable and subject to animal whim, which may include the following non-exhaustive behavior: their propensity to kick, bite, shy, buck, stumble, bolt, rear or general unpredictability. ALL Visitors assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. Ranch Visitors and all participants & guests agree to abide by and follow Owner’s rules and regulations. MINOR CHILD. In the event the Animal Ranch Visitor, Spectator, Rider or participant is a minor child, the Parent/Natural Guardian recognizes and agrees that Owner is a commercial activity provider, as that term is used in Florida Statute § 744.301, and the Parent/Natural Guardian shall further indemnify, defend and hold Owner harmless from any such claims which would accrue to him/herself and/or said minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity, regardless of any statute of limitations or contractual limitation of actions. IN CASE OF INJURY OR LOSS, WAIVER INDEMNITY AGREEMENT:
I/we understand that interacting with ALL ANIMALS & horseback riding and related activities, such as petting, handling, grooming, leading, riding, schooling, trail riding, obstacle training and all other interactions with ALL ANIMALS & horses, are very dangerous and involve the risk of serious injury and/or death, and/or property damage, including injury and/or death to horses, spectators, visitors, riders and others.
Accordingly, I/we agree that any activity engaged in by myself and/or my minor child, or related to ALL ANIMALS & horses or horseback riding, is done at my own risk.
Accordingly, I/we agree to release and agree to hold harmless RMS Ranch, LLC, Farm To You Revue, LLC, Candice Miller and Scott Miller, Michael Cunningham, along with employees, volunteers, and any and all persons or entities who are guarantors or indemnitors of the above, all agents, employees, promotors, sponsors, other visitors, horse riders, horse owners, advertisers, sales persons, photographers, volunteers, (hereinafter called Releasees) from all liability for negligence or otherwise.
I/we assume full responsibility for the risk of bodily injury, illness, death of myself and/or my minor child and any property damage due to the negligence of Releasees or otherwise while the participating in activities provided by Farm To You Revue, LLC, RMS Ranch, LLC, Candice Miller, Scott Miller, along with it’s volunteers and employees or heavily engaged in ALL ANIMAL activities, horseback riding-related activities, and/or while training, riding, competing, officiating, observing, volunteering, teaching, boarding, working for, or for any purpose relating to ALL ANIMAL activities or horseback riding, or participating as rider or spectator in such activities.
I/we agree not to sue any Releasees, and I/we release and agree to indemnity for the Releasees from and for all liability for the undersigned, his/her person, representatives, assignees, heirs, and demands therefore on account of injury to her person or property, or death of undersigned whether caused by the negligence of the Releasees or otherwise.
I/we agree that this release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida where these activities are conducted, and if any part hereof is held invalid, it is agreed that the balance shall continue of full force and effect. WARNING TO THE MINOR CHILD’S PARENT/GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. You are agreeing to allow your minor child to engage in a potentially dangerous activity. You are acknowledging that even if the owner uses reasonable care, there is a chance your child may be seriously injured or killed by participating in this activity because there are certain dangers inherent to ALL ANIMALS & equine activities which cannot be avoided or eliminated. By signing this form you are giving up your child’s right and your right to recover from owner in a lawsuit for any personal injury including death to your child, yourself or any property damage that may result from the risks that are a natural part of the activity. You have the right to refuse to sign this form and owner has the right to refuse to let your child participate if you do not sign this form. FLA. STAT. § 744.301(3) (2010). WARNING
ALL ANIMAL activities, interacting with or being around ALL ANIMALS, including Horses, horseback riding and all its related activities are dangerous and there are risks involved in your participation or observation. You can be seriously/permanently injured or killed as a result of your participation in acitivites with ALL ANIMALS, horses, horseback riding or its related activities. Each individual Participant, regardless of experience, has final responsibility for his/her own safety as well as their child's safety. 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. Fla. Stat. § 773.04 (2009). I Agree COVID-19 Risk WARNING:
Exposure to COVID-19 is an inherent risk in any location where people are present; we cannot guarantee you, your family or friends will not be exposed to COVID-19 during any animal experience. By visiting, you are accepting all risks associated with COVID-19. WARNING:
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. Fla. Stat. § 570.89 I Agree PHOTO/VIDEO RELEASE & POLICIES: PARTICIPANT AND I hereby grant to RMS Ranch, LLC & Farm To You Revue, LLC the right to reproduce, use, exhibit, display, broadcast, distribute and create works of photographs or videotaped images of myself (and/or child) for use in promoting, publicizing or explaining the activities. This grant includes, without limitation, the right to publish such images on the web site, and public relations / promotional materials, such as marketing and other publications, advertisements, fund-raising materials and any other ranch-related publication. All photos taken are without compensation to participant. All electronic or non-electronic negatives, positives, and prints are owned by the ranch. We also grant the participant to take photos and videos of their own interactions with the animals they visit. The participant may only use these images for personal use and may not use them to negatively post or disparage in any way the activities, animals, staff or facilities of the ranch.
NON-DISPARAGEMENT: PARTICIPANT agrees and certifies that he/she will not write, post, publish or other disseminate negative information in relation to OWNER, it's agents or business(es) name on any form of social media, including google reviews or any form of internet based reviewing platform. PARTICIPANT agrees that a violation, upon discovery, will result in legal damages payable by the PARTICIPANT to the OWNER in the amount of $20,000 per occurrence. This amount represents the OWNER'S loss of future revenue and damages to OWNER'S reputation within the industry. Negative opinions, false accusations, or statements could have a significant impact on future business. Therefore, all violations of this section will be pursued to the maximum extent allowed by law. VISITS:
I understand that this waiver is in effect for every visit, encounter, experience, etc from the date of signature into the future indefinitely. This waiver does not expire and does not need to be resigned for each visit.
I Agree |
