MINOR HORSEBACK RIDING & EQUESTRIAN ACTIVITIES PARENT/LEGAL GUARDIAN CONSENT, RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENTFLORIDA EQUINE ACTIVITY WARNINGWARNING 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 statutory warning should appear prominently on the minor waiver and on required signage at the equestrian activity location. IMPORTANT NOTICEBY SIGNING THIS DOCUMENT, YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. I am the parent or legal guardian of the minor identified below. I am voluntarily giving permission for the minor to participate in horseback riding and equestrian activities at Vortex Spring Adventures. I understand that horseback riding involves inherent risks of serious injury, permanent disability, paralysis, property damage, and death. 1. MINOR'S ASSUMPTION OF RISKI acknowledge on behalf of myself and the minor that horses are large, powerful, and unpredictable animals. The minor may be exposed to risks including: - Falling or being thrown from a horse;
- Being kicked, bitten, stepped on, struck, crushed, or knocked down;
- Horses bucking, rearing, bolting, shying, running, stopping, or changing direction unexpectedly;
- Collisions;
- Falls;
- Equipment or tack failure;
- Uneven or hazardous terrain;
- Mud, water, rocks, roots, logs, holes, slopes, ditches, and other obstacles;
- Wildlife and other animals;
- Weather conditions;
- Actions of other riders;
- Actions of other horses;
- The minor's own physical ability, balance, coordination, judgment, or experience;
- Emergency response or rescue;
- Serious injury;
- Permanent disability;
- Paralysis;
- Property damage; and
- Death.
I understand that these risks cannot be completely eliminated by supervision, instruction, training, or reasonable care. 2. PARENT/GUARDIAN AUTHORIZATIONI voluntarily authorize the minor to participate in Vortex Spring Adventures' equestrian activities. I certify that I have accurately disclosed the minor's: - Age;
- Riding experience;
- Physical limitations;
- Relevant medical information;
- Ability to follow instructions; and
- Other information reasonably necessary to determine whether participation is appropriate.
I understand that Vortex Spring Adventures may refuse participation, restrict participation, require additional instruction, or change the horse assigned to the minor whenever it determines that doing so is appropriate for safety. 3. FLORIDA EQUINE ACTIVITY LAWI acknowledge that Florida Statutes Chapter 773 provides specific protections to qualifying equine activity sponsors and equine professionals for injuries resulting from inherent risks of equine activities, subject to statutory exceptions. I understand that this Agreement is intended to operate together with those statutory protections. 4. RELEASE AND WAIVERTo the fullest extent permitted by Florida law, I, on behalf of myself, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Vortex Spring Adventures and the Released Parties for claims arising from the minor's participation in equestrian activities or presence in areas where equine activities occur, including claims resulting from the inherent risks of equine activities. To the fullest extent permitted by law, I additionally release claims based upon ordinary negligence arising from the minor's participation. Nothing in this Agreement is intended to waive liability that cannot legally be waived. 5. STATUTORY EXCEPTIONSI understand that Florida's statutory protection does not apply in certain circumstances, including certain faulty equipment or tack, failure to reasonably determine participant ability, known dangerous latent conditions where required warnings are not posted, willful or wanton disregard for safety, certain unreasonable acts or omissions, or intentional injury. 6. MINOR'S SAFETY RULESI agree that the minor will: - Follow all Vortex Spring Adventures rules;
- Follow all instructions from guides and instructors;
- Wear all required protective equipment;
- Wear a properly fitted and securely fastened riding helmet;
- Remain in designated areas;
- Stay on designated trails;
- Not intentionally frighten, tease, strike, or provoke a horse;
- Not feed a horse without permission;
- Not approach a horse from directly behind without instruction;
- Immediately report an injury or unsafe condition;
- Follow all mounting and dismounting instructions; and
- Stop participating immediately when instructed by Vortex Spring Adventures personnel.
7. HELMET REQUIREMENTVortex Spring Adventures requires all minor riders to wear a properly fitted and securely fastened equestrian helmet. Florida law specifically requires children under 16 to wear an ASTM-compliant horseback-riding helmet in specified public locations, while providing an exception for privately owned land. Vortex Spring Adventures is imposing its helmet requirement as a safety policy regardless of whether a particular statutory exception applies. 8. HORSE ASSIGNMENTI understand that Vortex Spring Adventures will consider the minor's age, size, experience, ability, and other relevant factors when determining whether and how the minor may participate and which horse may be assigned. I agree that all information I provide about the minor's riding experience and ability is accurate. 9. MEDICAL INFORMATIONI certify that, to the best of my knowledge, the minor is physically capable of participating. I agree to notify Vortex Spring Adventures of any medical condition, physical limitation, allergy, medication, or other circumstance that could affect the minor's safety. 10. EMERGENCY MEDICAL AUTHORIZATIONIn the event of an emergency, I authorize Vortex Spring Adventures personnel to obtain reasonable emergency medical assistance for the minor when they believe such assistance is necessary. I understand that emergency medical assistance may be delayed and that Vortex Spring Adventures does not control emergency medical providers. I understand that I remain responsible for the minor's medical expenses except as otherwise required by law. 11. PARENT/GUARDIAN INDEMNIFICATIONTo 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 own negligent or intentional acts or omissions, the minor's negligent or intentional acts or omissions, violation of Vortex Spring Adventures rules, or claims caused by the minor's conduct. 12. PHOTOGRAPHY AND VIDEOI authorize Vortex Spring Adventures to photograph or record the minor during participation in equestrian activities. I grant Vortex Spring Adventures permission to use those photographs or recordings for lawful marketing, advertising, website, social media, promotional, and educational purposes. 13. SEVERABILITYIf 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. 14. GOVERNING LAWThis Agreement shall be governed by the laws of the State of Florida. 15. PARENT/GUARDIAN ACKNOWLEDGMENT I Agree I HAVE READ THIS AGREEMENT CAREFULLY. I UNDERSTAND THE RISKS ASSOCIATED WITH HORSEBACK RIDING AND EQUINE ACTIVITIES. I UNDERSTAND THAT SERIOUS INJURY, PERMANENT DISABILITY, PARALYSIS, PROPERTY DAMAGE, AND DEATH ARE POSSIBLE. 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. I AM AUTHORIZING THE MINOR TO PARTICIPATE VOLUNTARILY. |