"Then one day, when you least expect it, the great adventure finds you.” – Ewan Mcgregor
EQUINE RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY, HOLD HARMLESS & COVENANT NOT TO SUE
HORSE RENTALS, lessons, polo activities, TRAIL RIDING, BARN AND PROPERTY
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.
Whereas Jaymie Klauber and Thomas Klauber (8272 Whiskey Pond Lane) are the owners of an equine-centric property which includes barns & paddocks, land, horses, trailer, tack, feed, medicine, supplies, recreational vehicles, and equipment, in Sarasota County, Florida (collectively referred to herein as the “Premises”); and
Whereas, Epic Equine Experiences LLC (EEE), a Florida limited liability corporation, leases a certain of the Premises from Jaymie Klauber and Thomas Klauber, and is the leasee of a secondary equine property location, Resilient Retreat (13010 Fruitville Road), also included in ‘premesis’, and is the owner of certain buildings and other improvements and equipment thereon, and operates equine related activities on and off the properties; and
Whereas, the undersigned Participant/Spectator/Visitor/Guest/Client (collectively “Releasor”), on his own behalf, and if applicable, the parent/legal guardian of a minor participant (included as Releasor) has requested access to/use of the Premises to participate in polo, trail riding, riding & polo lessons, and related activities and events and/or to engage in and participate in other equestrian and equestrian-related activities and events, including but not limited to, equine transportation, riding and handling horses, boarding horses, playing or practicing polo, riding and polo lessons, pleasure and trail riding, training horses and riders, teaching of riding, polo and equestrian skills, grooming and care of horses, and other equine activity, both on and off the property/land that is part of Premises.
Now therefore, for good and valuable consideration of being permitted use of Premises, both on and off the property/land that is part of Premises, Releasor agrees to the following terms and conditions of this Release, Waiver, Hold Harmless, Assumption, Indemnification and Covenant (Agreement):
ASSUMPTION OF RISKS/INHERENT RISK
Releasor acknowledges that he or she has had ample and sufficient opportunity to make an inspection of, and assess, the Premises and improvements, standard and safety, program and rules, and operations thereon. Releasor understands that horses are inherently dangerous, and engaging in equine activities is inherently-dangerous. Horseback riding is considered a rugged adventure, recreational sport activity. Horses are large, unpredictable animals which may be dangerous no matter how much training they have, no matter what level of experience participants have. Releasor is familiar with animal behavior and other conditions or potential conditions that may be dangerous, and with risks to person (including death, personal injury) and property involved in polo, trail riding and the other activities described in the Whereas clauses above. Releasor understands that a medical team cannot be available at all games, trail riding locations or times that Releasor may choose to ride, play or exercise horses, and that medical assistance may be delayed. The undersigned Releasor assumes full risks of all of the forgoing activities and of dangerous and potentially-dangerous conditions that include but are not limited to; falling off the horse due to loss of balance resulting from speed, abrupt stops and/or direction changes, bucking, rearing, horses sudden reactions (spooking) to sudden movements and sounds, blowing bags, leaves or debris, high winds or bad weather, wildlife, loose dogs, other livestock, unfamiliar objects, collisions or confrontations with another horse, out-of-control riding by participant or other participants, vehicles, both on and off the property/land that is part of Premises. The Releasor assumes full risks due to negligence of Releasees (as defined below) or otherwise, and waives all specific notice of the existence and location of any such dangerous conditions.
COVENANT NOT TO SUE
Releasor hereby releases, waives, discharges and covenant not to sue Jaymie Klauber and Thomas Klauber individually, together, EEE, or any business or partnership or property or venue that they are involved with, and their respective officers, directors, agents, employees, partners, shareholders, lessees, related corporations, assigns and successors (collectively, “Releasees”) from all liability to Releasor, and his or her family, personal representatives, assigns and heirs, for all loss or damage, and any claim or demands therefore, on account of injury to the person or property or resulting in death of the Releasor, which may be caused by any act or failure to act of Releasees or any one thereof, whether or not such act or failure to act is negligent, including any liability imposed by statute.
Releasor agrees to hold Premises harmless from any claim resulting from damage or injury caused by horse, including but not limited to legal fees and/or expenses incurred by Premises in defense of such claims. Releasor agrees to defend, indemnify, save and hold harmless Premises and its principals, agents, and affiliates from and against any loss, liability, damage, attorneys’ fees, or costs that they may incur arising out of or in any way connected with Releasor’s use of or presence at Premises.
WILDERNESS & NATURE HAZARDS
Releasor acknowledges that the participant may be taking part in a Wilderness Experience (pursuit of adventure type activity in a wild, rugged and uncultivated area, uninhabited by people, inhabited by wild animals, birds and reptiles) that may be hazardous to people, and that Premises is not responsible for acts, occurrences or elements of nature (such as thunder, lightning, other animals, birds, insects, insect bites, irregular footing, landscape changes, and other risks not mentioned) that can scare a horse, cause a horse to trip and/or fall, or cause it to react in an unusual manner, and can cause death, injury or drowning to Releasor.
Releasor acknowledges that upon mounting a horse and taking up the reins, the rider is solely responsible for being in control of the horse, and for his/her own safety. The rider’s safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal.
Releasor hereby acknowledges receipt and understanding of the Premises Rules, designed for your safety, the safety of other participants, and the safety of the horses, to include but are not limited to:
Participants will obey the instructions of the Groom, Instructor, Premises Representative or Guide
Participants are responsible for their own conduct, at their own risk
No participant may injure, tease, whip or harass our horses
All riders must wear helmets
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF, AND AGREEMENT TO, ITS TERMS. BY SIGNING THIS RELEASE YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOUR RIDING OR USE OF THE PREMISES, HORSES AND/OR PARTICIPATION IN EQUINE ACTIVITIES ORGANIZED BY JAYMIE AND TOMMY KLAUBER OR EPIC EQUINE EXPERIENCES, LLC, OR ANY OF THEIR STAFF, INDEPENDENT CONTRACTORS OR PROPERTIES IN THEIR CARE.
I accept full responsibility for accident or injury to myself, family members or my guests.
The releases, waivers, indemnities, agreements and other provisions of this instrument apply to any and all access and use of the Premises on or after the date of execution of this document and shall not be limited to one event or a specific period of time.
SARASOTA POLO CLUB RELEASE
IF YOU ARE RENTING EPIC EQUINE HORSES TO PLAY AT SARASOTA POLO CLUB OR RIDING EPIC EQUINE HORSES IN SARASOTA POLO CLUB AT ALL:
You will not be allowed to participate in any riding on the Sarasota Polo Club grounds, track, or on the polo fields, prior to signing the club's release IN ADDITION TO THE EPIC EQUINE RELEASE. Please ask for the hard copy SPC release as the SPC office or from Jaymie when you receive your rental horses.