1. I agree to read this Liability Release Form and Assumption of Risk Agreement and I will ask any questions I may have until I certify, by signing this form, that I understand the terms and conditions hereof and I agree to such terms and conditions.
2. In consideration for my being allowed to participate in equine and equestrian activities, I, on behalf of myself and my children, legal wards, heirs, parents, assigns, personal representatives, and estate, do hereby covenant to indemnify and hold harmless Soul Haven Ranch, LLC and all of its owners, directors, officers, employees, committees, agents, volunteers, participants, and all other persons or entities acting for them, from ALL liability including damage or injury caused by my horse or action of my horse and waive any claim for damages arising from any cause whatsoever, including but not limited to damages arising out of personal injury, emotional distress, wrongful death, or property damage, in that I and my children, legal wards, heirs, parents, assigns, personal representatives and estate assume all risks related to equine or equestrian activities referenced herein or in which I participate at or through the Operator.
3. I hereby represent that I am physically and mentally capable of engaging in equine or equestrian activities with Soul Haven Ranch, LLC. I understand that I have the sole individual responsible for knowing the range of my own ability to manage, care for, and control a particular horse, and I understand that it is my duty to act within the limits of my own ability to maintain reasonable control of the particular horse or horses at all times, to heed all posted warnings to handle in an area or in facilities designated by the horseman, and to refrain from acting in a manner that may cause or contribute to the injury of anyone. I will not use or be under the influence of alcohol or intoxicating drugs while participating in equestrian activities.
4. I understand that even if I use the utmost care, there is a probability that I may have an injury while engaging in equine activities and visits with Soul Haven Ranch, LLC. I further understand that risks, conditions, and dangers are inherent in all horse/equine/animal activities, regardless of all feasible safety measures which can be taken, and I agree to assume them. The inherent risks include, but are not limited to, any of the following: the propensity of an animal to behave in ways that may result in physical injury, including but not limited to permanent disability or paralysis, broken bones, brain damage, emotional injury, harm, death, or loss to persons on or around the animal. I understand the inherent risk of the unpredictability of equine reactions. I am not relying on Operators to list all possible risks for me. I understand such risks simply cannot be eliminated, despite all precautions. I expressly accept and assume all of the risks inherent in equine activities or that might have been caused by the negligence of the Operators. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
5. I understand ALL physical facilities used with equine or equestrian activities can contribute to an accident causing injury and death. I covenant that I will inspect to my full satisfaction all such facilities through Soul Haven Ranch, LLC and I will assume responsibility for patent and latent defects. I covenant that I am capable and competent to conduct an inspection of the physical facilities. I accept the condition of the property and facilities and agree that they provide an adequate and reasonable level of safety.
6. I shall be solely responsible for all acts and behavior of the horse at any time, including during exercise, care, feeding, grooming, shoeing, tacking, or any and all handling of the horse by myself, the Operators, and any other person, and I hereby agree to indemnify and hold the Operator harmless on account of any loss, sustained by myself, the Operators, or any other person, whatsoever arising out of or in any way relating to the horse.
7. I understand and I agree that lawsuits violating this release are burdensome and unwarranted and I specifically agree that if I file a lawsuit against Soul Haven Ranch, LLC, and/or any of its owners, directors, officers, employees, committees, agents, volunteers, participants, and all other persons or entities acting for them, and do not prevail in that lawsuit, that I will pay all attorney fees, court costs, and other litigation costs incurred by Soul Haven Ranch, LLC, and/or any of its owners, directors, officers, employees, committees, agents, volunteers, participants, and all other persons or entities acting for them, in defending such a lawsuit.
8. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Florida. In the event I file a lawsuit, I agree to do so solely in the Circuit Court located in Orange County, Florida.
9. I hereby authorize any medical treatment deemed necessary in the event of any injury to me while participating in equestrian activities with Soul Haven Ranch, LLC. I either have appropriate insurance or, in its absence, agree to pay all costs for medical services as may be incurred on my behalf.
10. I agree for myself on behalf of my child and/or legal ward that we have been fully warned and advised that protective headgear/helmet is advised to be worn while being near horses, which may reduce the severity of head injuries as a result of an occurrence and possibly prevent the wearer’s death from happening as a result of an occurrence. I accept full liability if I choose not to wear a helmet.
11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, personal representatives, successors and assigns.
12. This contract represents the entire agreement between the parties. I agree to accept full responsibility for all terms, provisions, and covenants contained in this agreement as required by Soul Haven Ranch, LLC.
13. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.