This RELEASE of LIABILITY is made and entered into on this __________ day of _______________, 20_____, by and between EAGLES REST, INC., hereinafter designated ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR / WILLIAM C. HICKS / CYNTHIA MARIE HICKS, and ________________________ hereinafter designated GUEST; and, if Guest is a minor, Guest's parent or guardian, __________ In return for the use, today and on all future dates of the property, facilities, services, including cabin, open areas, pavilion and adjacent properties (owned and not owned by ERI) and horses or ponies, any horsemanship services including but not limited to riding lessons, jumping lessons, dressage lessons, high school lessons, lessons on lunge, training sessions coaching, spring break camp, summer camp, holiday camp, full day camp, half day camp, mini camp, teacher day camp, the Guest, his heirs, assigns, and legal representatives, hereby expressly agree to the following:
1. WARNING: UNDER FLORIDA LAW, AN EQUINE ACTIVITY SPONSOR OR AN 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.
2. It is the responsibility of the Guest to carry full and complete insurance coverage on his horse or pony, personal property and himself.
3. Guest agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM GUEST'S USE OF OR PRESENCE UPON ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR ’S / WILLIAM C. HICKS / CYNTHIA MARIE HICKS PROPERTY AND FACILITIES WHICH HE USES, LEASES, RENTS OR OWNS including, without limitation but not limited to, the risk of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person.
4. Guest agrees to hold ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS and all of its successors, assigns, subsidiaries, franchisees, affiliates, officers, directors, shareholders, employees, consultants, subcontractors, volunteers and agents completely harmless and not liable and release them from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of Guest's use of or presence upon Instructor/Trainer/Manager's property and facilities, including without limitation, those based on death, bodily injury, property damage, including consequential damages, except if the damages are caused by the direct, willful and wanton negligence of ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS.
5. Guest agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.
6. Guest agrees to indemnify and defend ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS its agents and/or representatives against, and hold each individually harmless from, any and all claims, causes of action, damages, judgments, costs or expenses, including attorneys' fees, which in any way arise from Guest's use of or presence upon ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR 's/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS property and facilities.
7. Guest agrees to abide by all ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS rules and regulations.
8. If Guest is using his horse or pony, the horse or pony shall be free from infection, contagious or transmissible disease. ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS reserves the right to refuse horse or pony if not in proper health or is deemed dangerous or undesirable.
9. This Contract is NON-ASSIGNABLE and NON-TRANSFERABLE and 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, then that clause is null and void. When ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS and Guest and Guest's parent or guardian, if Guest is a minor, sign this Contract, it will then be binding on both parties, subject to the above terms and conditions.
10. The Guest and/or Guest’s parent or natural or legal guardian also understands that as a requirement for appropriate training and instruction of students at ERI, certain physical contact is inevitable and required, particularly in aiding the child on/off the horse and at other necessary times (e.g.) to show proper stance, etc.). The undersigned for myself, my heirs, administrators, and assigns, and as natural or legal guardian of my minor child, releases, remises, and discharges the ERI owners, instructors, trainers, managers and operators and their agents and employees of and from all claims, demands, actions and injuries sustained to my person or that of my minor child as a result of any necessary physical contact between the employees, instructors, trainers, managers, agents and representatives of ERI taking place on the premises of ERI or elsewhere. I/we hereby waive his/her rights, including the rights of my minor child to bring suit against ERI as a result of this physical contact.
In consideration for permission granted to me or my minor child to ride stock leased or hired from ERI, on their premises or elsewhere, I hereby, for myself, my heirs, administrators, and assigns, release, remise, and discharge the ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS, owners and operators of ERI and their agents and employees, of and from all claims, demands, actions and injuries, sustained to my person, to the person of my minor child, and/or my property as a result of any act(s), omissions(s), and/or negligence of ERI / INSTRUCTOR / TRAINER / MANAGER / COUNSELOR/ WILLIAM C. HICKS / CYNTHIA MARIE HICKS, and their agents and employees, while riding stock leased or hired from the ERI, on the premises of ERI or elsewhere.
I am aware of the risks and dangers involved in horseback riding and that unanticipated and unexpected dangers may arise, and I assume all risks of injury to my person, to the person of my minor child, and property that may be sustained as a result. I represent and certify that I am of age and if I am signing on behalf of my minor child under the age of 18 years old, that I am the natural or legal guardian of said minor child and have full authority to agree to this Waiver of Liability on their behalf. I further agree to take full responsibility of stock while entrusted to me.
I HAVE READ AND UNDERSTOOD ALL OF THE ABOVE.
_________________________________________________________ Guest's Signature or
Guest's Parent or Guardian's Signature (if Guest is a minor)
Address and Telephone.
_________________________________________________________
Eagles Rest, Inc. is a non profit, 501(c)3 corporation. We are supported wholly by gifts from donors. Because of the limited income, we are not financially able to provide insurance for those using our facilities. If you believe you need insurance to enjoy our facilities, you must provide your own. Please read this release carefully. If you do not agree with any portion of it, do not sign. If you do not sign it, you will not be permitted to use the facilities of Eagles Rest, Inc.
RELEASE OF LIABILITY CONTRACT
