MMH Liability Waiver
Every person and child attending, including Spectators, must have a signed waiver.
I, (hereinafter referred to as “Participant”), desire to engage in and do hereby engage in the following equine and canine activity, to wit: horseback or trail riding, fox/drag hunting, horse shows, hunter paces, performance or field trials, schooling, fundraisers, farm tours, walking or driving tours including hay wagon, ATV, or golf cart use, social events, and related activities or events, whether equine or non-equine, located at a territory designated as a fixture or location that day, that are sponsored by Misty Morning Hounds, Inc. (MMH), The Perry Plantation, llc (TPP), or Walter and/or Alexis Macaulay (WAM), who are referred to as Equine Activity and/or Agritourism Sponsors,. I further understand that any of these activities hold inherent risks, even if I am a spectator or guest, and am not riding a horse. I accept and assume all the risks of injury (including death) to me or to my property, whether from anyone's negligence or not.
In exchange for being permitted to participate in these activities, on behalf of myself, my heirs, guardians, and legal representatives, I release and agree not to make or bring any claim of any kind against Misty Morning Hounds, Inc. (MMH), TPP, WAM, or their Masters, officers, directors, members, employees, or guests, or any land owners, landholders or other persons making property available for Misty Morning Hounds, Inc., TPP, or Walter and/or Alexis Macaulay (hereinafter termed as Releasees) for any injury (including death), to me, or for Minors for whom I have signed, or any damage to my property whether from anyone’s negligence or not, or from any other cause (including acts of God or nature), arising out of my participation in these dangerous horseback riding, foxhunting or related or unrelated activities. I also agree if anyone makes any claims because of any injury to me (including death), or for any damage to my property, I will keep all those released by this agreement free of any damages or costs because of those claims. If I consume alcohol or intoxicating substances while attending or participating in these events and activities, whether from anyone's negligence or not, I do so entirely at my own risk, I accept and personally assume all the risks of injury (including death) to me or to my property, and I agree not to make or bring any claim of any kind against the Releasees covered in this agreement,.
Participant hereby does forever and finally release, remise, acquit, satisfy and forever discharge the Equine Activity or Agritourism Sponsor and Releasees of and from all manner of action and actions, cause and causes of action, suit, debts, dues, sums of money, bonds, billings, contracts, controversies, agreements, promises, damages, variances, judgments, executions, claims and demands whatsoever, in law or in equity, which may arise, or might in the future arise, or herein after may arise for or against the Equine Activity or Agritourism Sponsor for the activities as stated above.
This document is meant to be a full and complete release from any and all liability that may arise during my participation in any and all activities sponsored by the Releasees. This release is given freely and voluntarily by the participant, My signature also authorizes the Releasees to use images of me and my family and friends, to promote the events in which we participate, on the website, and in various media formats.
I understand that this release is effective from the date signed and remains in full force from the date signed. It does not require renewal and shall not expire unless revoked by the Releasees in writing, or by the Participant, in writing; and that it also supersedes any previously signed waivers. I hereby agree to indemnify, defend and hold harmless the Releasees from any and all loss, liability, damage, or costs, including attorney’s fees, as a result of claims.
Misty Morning Hounds and TPP endorse a policy of wearing a helmet for all mounted horseback riding or ATV activities. I understand that wearing a helmet during mounted or riding activities adds to my personal and my child's safety. If I elect not to wear a helmet during horseback riding, foxhunting, ATV, or related activities of any kind; during these activities with Misty Morning Hounds, Inc., TPP, or Alexis and/or Walter Macaulay, I do so entirely at my own risk and agree not to make or bring any claim of any kind against the Releasees, whether from anyone's negligence or not.
WARNING - READ THIS!
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. FSA 773.01-02
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 Statue 570.89
If any part of this Agreement is found to be unenforceable by a court, such decision shall NOT affect the validity of the remaining portion, and the remaining portion shall be valid & in full force as if this Agreement had been executed with the invalid portion thereof eliminated.
This agreement is made and entered into the state of Florida and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with State Law, that individual clause or sentence is null and void.