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ADULT HORSEBACK RIDING & EQUESTRIAN ACTIVITIES

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT

FLORIDA EQUINE ACTIVITY WARNING

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.

This warning is required by Florida Statutes §773.04 and should also be displayed at the location where your equine activity begins in the required format.

IMPORTANT NOTICE

BY SIGNING THIS DOCUMENT, YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.

In consideration of being permitted to participate in horseback riding and other equestrian activities at Vortex Spring Adventures, including horseback riding, trail riding, lessons, guided rides, horse handling, equestrian events, demonstrations, training, and use of equestrian facilities and trails, I voluntarily agree to the following.

For purposes of this Agreement, “Vortex Spring Adventures” includes Vortex Spring Adventures, LLC, its owners, members, managers, officers, employees, agents, contractors, instructors, guides, volunteers, representatives, equine professionals, equine activity sponsors, and persons acting on behalf of Vortex Spring Adventures.

1. ASSUMPTION OF RISK

I understand that horses are large, powerful, and unpredictable animals and that horseback riding and equestrian activities involve inherent risks that cannot be completely eliminated.

I voluntarily assume all risks associated with participation, including but not limited to:

  • Falling or being thrown from a horse;
  • Being kicked, bitten, stepped on, struck, crushed, or knocked down;
  • A horse becoming frightened, startled, agitated, or uncontrollable;
  • A horse bucking, rearing, bolting, shying, running, stopping suddenly, or changing direction;
  • Collisions with other horses, riders, people, vehicles, fences, gates, trees, structures, or objects;
  • Falling branches, logs, rocks, roots, stumps, brush, or other obstacles;
  • Uneven, steep, muddy, wet, slippery, or unstable terrain;
  • Hills, slopes, ditches, holes, streams, crossings, bridges, and other trail conditions;
  • Wildlife, insects, reptiles, or other animals;
  • Weather, heat, lightning, rain, wind, storms, flooding, or reduced visibility;
  • Failure or malfunction of saddles, bridles, reins, stirrups, girths, or other equipment;
  • Actions or reactions of other participants;
  • Actions or reactions of other horses;
  • My own physical condition, balance, coordination, judgment, experience, or ability;
  • Emergency response or rescue operations;
  • Delayed medical assistance;
  • Serious bodily injury;
  • Permanent disability;
  • Paralysis;
  • Property damage; and
  • Death.

I understand that these risks may exist even when reasonable care is exercised and even when the horse is properly trained, maintained, and supervised.

2. FLORIDA EQUINE ACTIVITY LAW

I acknowledge that Florida Statutes Chapter 773 specifically recognizes the inherent risks associated with equine activities and provides statutory protections to qualifying equine activity sponsors and equine professionals.

I understand that this Agreement is intended to operate together with those statutory protections and not to replace or diminish them.

3. RELEASE OF LIABILITY

To the fullest extent permitted by Florida law, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Vortex Spring Adventures and the Released Parties for claims arising from my participation in equine activities or my presence in areas where equine activities occur, including claims arising from the inherent risks of equine activities.

I understand that Florida law provides that, except for statutory exceptions, an equine activity sponsor or equine professional is not liable for injuries or death resulting from inherent risks of equine activities.

To the fullest extent permitted by law, I additionally release claims based upon ordinary negligence arising from my participation in the Activities.

Nothing in this Agreement releases liability that cannot legally be released under Florida law.

4. STATUTORY EXCEPTIONS

I understand that Florida law does not provide the statutory limitation of liability in certain circumstances, including where:

  • Faulty equipment or tack is provided when the provider knew or should have known it was faulty and the defect contributed to the injury;
  • An equine is provided without reasonable and prudent efforts to determine the participant's ability to safely participate or manage that particular equine;
  • A known dangerous latent condition of the land or facilities contributes to an injury and required warning signs were not posted;
  • Conduct constitutes willful or wanton disregard for participant safety;
  • An act or omission that a reasonably prudent person would not have committed under the same circumstances is a proximate cause of the injury; or
  • The participant is intentionally injured.

5. RIDER RESPONSIBILITIES

I agree to:

  • Follow all Vortex Spring Adventures rules;
  • Follow all instructions from guides, instructors, and employees;
  • Wear all required safety equipment;
  • Wear appropriate footwear;
  • Remain in designated riding areas;
  • Follow designated trails;
  • Maintain control of myself and the horse;
  • Never intentionally frighten, tease, strike, or provoke a horse;
  • Never feed a horse without permission;
  • Never approach a horse from directly behind without instruction;
  • Immediately report unsafe conditions or equipment problems;
  • Immediately report an injury or accident;
  • Follow all mounting and dismounting instructions; and
  • Stop participating when instructed by Vortex Spring Adventures personnel.

6. HORSE ASSIGNMENT

I agree to accurately represent my riding experience and physical ability.

I understand that Vortex Spring Adventures may determine which horse is appropriate for me based upon my age, experience, physical ability, riding ability, and the characteristics of the horse.

I understand that Vortex Spring Adventures may refuse participation or change my assigned horse whenever reasonably necessary for safety.

7. HELMET REQUIREMENT

Vortex Spring Adventures requires riders to wear an approved, properly fitted, and securely fastened equestrian helmet during horseback riding activities.

Vortex Spring Adventures may impose safety requirements that are stricter than the minimum requirements of Florida law.

8. ALCOHOL AND DRUGS

I agree that I will not participate while impaired by alcohol, illegal drugs, or any medication or substance that could impair my judgment, balance, coordination, or ability to safely participate.

Vortex Spring Adventures may immediately terminate participation if a rider appears impaired.

9. WEATHER AND TRAIL CONDITIONS

I understand that Vortex Spring Adventures may suspend, modify, relocate, or cancel equestrian activities because of weather, trail conditions, animal welfare, maintenance, emergencies, or other safety concerns.

I agree to follow all such decisions.

10. MEDICAL CONDITION

I certify that I am physically and mentally capable of participating.

I agree to disclose any condition or limitation that could reasonably affect my ability to safely participate.

I understand that horseback riding requires balance, coordination, physical control, and the ability to follow instructions.

11. EMERGENCY MEDICAL AUTHORIZATION

In an emergency, I authorize Vortex Spring Adventures personnel to obtain reasonable emergency medical assistance for me when they believe it is necessary.

I understand that emergency medical services may be delayed and that Vortex Spring Adventures does not control the actions of emergency medical providers.

12. INDEMNIFICATION

To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising from my negligent or intentional acts or omissions, violation of Vortex Spring Adventures rules, or claims caused by my conduct.

13. PHOTOGRAPHY AND VIDEO

I authorize Vortex Spring Adventures to photograph or record me during participation in equestrian activities and to use those images or recordings for lawful marketing, advertising, website, social media, promotional, and educational purposes.

14. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain effective to the fullest extent permitted by law.

15. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Florida.

16. ACKNOWLEDGMENT

I Agree
I HAVE READ THIS AGREEMENT CAREFULLY. I UNDERSTAND THAT HORSEBACK RIDING AND EQUESTRIAN ACTIVITIES INVOLVE INHERENT RISKS OF SERIOUS INJURY, DISABILITY, PROPERTY DAMAGE, AND DEATH. I UNDERSTAND THAT I MAY BE GIVING UP IMPORTANT LEGAL RIGHTS BY SIGNING THIS AGREEMENT. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND SEEK INDEPENDENT LEGAL ADVICE.

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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.
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