RELEASE OF LIABILITY ADULT OR NATURAL GUARDIAN/MINOR

WHEREAS HORIZON HORSES AND MORE CORP. Provides boarding for horses, horseback riding, and other activities offered at the farm.

WHEREAS by these present riders and visitors hold HORIZON HORSES AND MORE CORP. harmless from any injuries sustained as a result of the riding, coming on the subject of the premises for purposes of receiving riding instructions and/or an activity provided at the farm and further agree to indemnify HORIZON HORSES AND MORE CORP.

By and between: HORIZON HORSES AND MORE CORP.

Located at 6605 SW 127 AVE Unit H MIAMI, FL 33183 and their agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf; and the adult and/ or the minor:

(hereinafter individually and/or collectively referred to as “RIDER”)

In consideration received, and in return for the use, today and on all future dates of the

property, facilities and services of Owner, Owner 's instructors, employees and agents; Rider.

Rider's heirs, assigns and representatives hereby agree as follows:

1. INHERENT RISKS & ASSUMPTIONS OF RISK. Rider acknowledges there are inherent risks

associated with equine activities such as described below and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to: the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them such as running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping; the unpredictability of an equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other equines, animals, or objects; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant of others, such as falling to maintain control over the animal or not acting within his or her ability.

Rider acknowledges that horses, by their very nature, are unpredictable and subject to animal whim, which may include the following non-exhaustive behavior: their propensity to kick, bite, shy, buck, stumble, bolt, rear or general unpredictability. Rider assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. Rider agrees to abide by and follow Owners rules and regulations, which shall be posted and/or available from time to time. Rider further acknowledges that the behavior of any animal is contingent to some extent upon the ability of Rider. Rider assumes all risks therefore and warrants a full and fair disclosure of Rider's abilities has been made to Owner. 

2. RELEASE, INDEMNIFY, HOLD HARMLESS & DEFEND. Rider expressly releases Owner from any and all claims, demands, actions, and injury to person and/or property whatsoever, even if caused by the active or passive negligence of Owner. RIDER AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND OWNER AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH RIDER'S USE OF OR PRESENCE UPON THE PROPERTY OF OWNER AND THE FACILITIES LOCATED THEREON, RIDER UNDERSTANDS THAT THIS RELEASE AND INDEMNITY AGREEMENT INCLUDES ANY CLAIMS BASED ON THE NEGLIGENCE, ACTIONS OR INACTION, OF OWNER BEFORE, DURING OR AFTER SUCH PARTICIPATION.

3. MINOR CHILD. In the event the Rider is a minor child, the Natural Guardian recognizes and agrees that Owner is a commercial activity provider, as that term is used in Florida Statute § 744.301, and the Natural Guardian shall further indemnify, defend and hold Owner harmless from any such claims which would accrue to him/herself and/or said minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity, regardless of any statute of limitations or contractual limitations of actions. 

NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF OWNER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT TO RECOVER FROM OWNER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND OWNER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. FLA.STAT.744.301(3) (2010).

4. PROTECTIVE HEADGEAR WARNING: | AGREE THAT: | for myself and on behalf of my child and/or legal ward has been fully warned and advised that by THIS STABLE that protective headgear which meets or exceeds the quality standards of SEl CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet, should be purchased and worn while riding and being near horses and I do understand that the wearing of such headgear at these times may reduce severity of some of the wearer's head injuries and possibly prevent the wearer's death from happening as the result of fall and other occurrences.

5. IN THE EVENT RIDER IS USING RIDER'S OWN HORSE, OR A HORSE(S) NOT OWNED BY OWNER, RIDER WARRANTS SAID HORSE(S) SHALL BE FREE FROM INFECTION, CONTAGIOUS OR TRANSMITTABLE DISEASES. Owner reserves the right to refuse access or use of any horse(s) upon premises that do not appear to Owner to be in good health, or is deemed dangerous or undesirable. Rider agrees to waive the protection of any applicable statutes in this 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 said release.

SIGNER STATEMENT OF AWARENESS

l/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. l/WE FURTHER ATTEST THAT ALL FACTS RELATING TO THIS APPLICATION ARE TRUE AND ACCURATE.

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