In consideration of being granted permission to enter and utilize the property possessed by Magnolia Sands, LLC, located at 850, 950, and 1122 NE 110th Street, Ocala, Florida 34479 and known as Magnolia Sands Farm as well as any other property owned, leased or possessed by Nancy Purvis, or Magnolia Sands, LLC, (collectively, “Magnolia Sands”) the undersigned Participant, being of sound mind and at least eighteen years of age, or if Participant is under eighteen years of age as represented by a parent or legal guardian, and on behalf of all of undersigned’s representatives, agents, assigns, heirs and next of kin (collectively, the “Releasor”), hereby agrees to the following: Releasor expressly recognizes and acknowledges the dangers and risks, including but not limited to the risk of serious bodily injury, death, emotional injury, psychological injury and/or property damage (collectively, the “Risks”), that can be encountered as a result of the activities in which Releasor may engage on Magnolia Sands, including but not limited to: (a) riding, jumping, training, walking, handling, grooming, feeding, stabling, trailering, being a passenger on a horse-drawn cart and/or otherwise being in the proximity of horses, cows, dogs, cats, and/or other animals; (b) travel to and from Magnolia Sands; (c) driving, riding or using tractors, dirt bikes, golf carts, four wheelers, three wheelers, carts, wagons, trailers and/or other activities available at Magnolia Sands (collectively, the “Activities”). Releasor knowingly assumes full responsibility for all Risks related to the Activities. If Participant is under eighteen years of age, Participant’s undersigned parent or legal guardian acknowledges, agrees, and expressly grants permission for Participant to engage in any or all of the Activities outside the presence of the parent or legal guardian without any effect on the release or any other terms set forth in this General Release and Waiver of Liability. Releasor understands that Magnolia Sands chooses its horses for their calm dispositions and sound basic training and they follow a risk reduction program. Yet no horse is a completely safe horse. Any horse can, at any moment revert from its training and act on its natural instincts. These could include, but are not limited to bucking, shying, rearing, biting, kicking, and/or bolting. Horseback riding is classified as a “rugged adventure sports activity” and there are numerous obvious and non-obvious risks always present in such activities despite all safety precautions. Releasor forever releases and discharges Nancy Purvis, Magnolia Sands, LLC, Allyson Rogers, ALR Dressage, Karl Slezak, Katlyn Hewson-Slezak, Karl Slezak Eventing and each of their representatives, employees, family members, attorneys, agents, affiliated entities, related entities, principals, and successors and assigns (collectively, the “Releasees”) of and from any and all claims, damages, sums of money, expenses, costs, actions, causes of action, agreements, promises, undertakings, debts, attorneys’ fees, obligations and liabilities of any nature whatsoever, known or unknown, asserted or unasserted, in law or in equity, related to the Risks or otherwise, arising out of or related in any way to Releasor’s involvement in any of the Activities or otherwise related in any way to Magnolia Sands and/or Releasees (the “Claims”). Releasor knowingly agrees to indemnify, defend and hold harmless the Releasees from any and all Claims that may accrue to Releasor and/or Releasor’s guests, horses and/or property while in or upon Magnolia Sands, regardless of whether such Claims may be caused by the negligence of Releasor, any third party, or otherwise. Releasor expressly recognizes and acknowledges the existence and applicability of Florida Statutes Annotated Chapter 773, § 773.01-773.06, which provides, in part, that Releasees are “not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.” Releasor expressly recognizes and acknowledges that the release set forth in Section 2 above is intended to be broader and more inclusive than the statutory release set forth in Florida Statutes Annotated § 773.02 & 773.04 and in no way is intended to limit or qualify the protection afforded Releasees under Florida Statutes Annotated § 773.02 & 773.04. Releasor acknowledges that he or she has been given the opportunity to inspect all property and equipment at Magnolia Sands and expressly accepts it as being reasonably safe and suitable for the purpose of Releasor’s usage. If Releasor at any time observes any condition or situation that he or she believes is not reasonably safe and suitable, Releasor agrees and warrants that he or she will immediately cease such activity and notify Releasees of the condition or situation. Releasor acknowledges and understands that Releasees do not provide or purport to provide medical care, veterinary care, paramedical services, first aid facilities or ambulance services. Releasor acknowledges, agrees, represents and warrants that he or she has no known allergies, conditions or ailments that would present an issue with respect to any of the Activities. Releasor, and if Releasor is under eighteen years of age, Releasor’s parent or legal guardian, acknowledges and agrees that, in the event of any real or perceived injury or condition to Releasor, Releasees shall have the right but not obligation to contact the appropriate medical personnel to diagnose and treat Releasor. Releasor acknowledges, agrees, represents and warrants that this General Release and Waiver of Liability is a complete and entire document, is signed without limitation or reservation, and shall be binding upon Releasor and all distributees, assigns, heirs, next of kin, personal representatives, executors and administrators thereof. Releasor further acknowledges, agrees, represents and warrants that he or she has carefully read this General Release and Waiver of Liability and intends for it to be legally binding, and that it was voluntarily entered into without any duress or coercion and with a full understanding and comprehension of its content, terms and effect. No oral representations, statements or inducements outside the written terms of this General Release and Waiver of Liability have been made or relied upon by Releasor in signing this document. The General Release and Waiver of Liability shall be governed by and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to this General Release and Waiver of Liability, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Ocala, Florida. Florida law shall apply, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If legal action is necessary to enforce this General Release and Waiver of Liability, the prevailing party may recover all cost of enforcement, including reasonable attorneys’ fees. This general release and Waiver of Liability is Read, Agreed To, and Accepted. If younger than 18 Signature of Parent or Legal Guardian is required. Date: November 14, 2024 |
