THEREFORE, IN CONSIDERATION OF THE FOREGOING (including, without limitation, the participation, use and access referenced above), the Participant expressly agrees to the following:
1. PARTICIPANT SHALL NOT SUE THE RELEASEES IN ANY MANNER: The Participant, knowingly, intelligently and voluntarily releases, discharges, waives, relinquishes and covenants not to sue with respect to any and all actions or causes of action for bodily injury, property damage or death occurring to the Participant or any animal or personal property owned, possessed, controlled or used by the Participant arising either directly or indirectly, whether in law or in equity, out of participating from, on or in the use of any of the Releasees’ facilities, wherever or however the same may have occurred and for whatever period said activities or use may continue. The Participant further releases, waives, discharges, relinquishes and covenants not to sue with respect to any and all actions, or causes of action arising either directly or indirectly, whether in law or in equity, out of participating from, on or in all activities set forth in the recitals herein which may hereafter arise. The Participant agrees that under no circumstances will the Participant prosecute any claim for bodily injury, property damage or death against the Releasees arising from any claim of any kind in connection with the Participant’s involvement in any of the equestrian activities, use of facilities, practice or polo matches or anything else, including activities not related to equestrian activities, whether same shall rise in whole or in part from the negligence of the Releasees, or any third party and whether such negligence is the sole or concurring cause of the bodily injury, property damage or death.
2. INDEMNIFICATION BY PARTICIPANT OF RELEASEES: The Participant does hereby indemnify and hold harmless the Releasees, and each of them, from any and all claims, actions, demands, costs, liabilities, expenses or judgments, whatsoever, including legal fees and costs on a solicitor and own client basis, which might arise or have arisen, and whenever made or presented, for any loss or damage directly which the Releasees may sustain or incur or indirectly related to the Participant’s participation in any of the equestrian activities or the Participant’s use of the facilities of the Releasees, in any form. It is the intention of the parties hereto that the Participant will indemnify and protect the Releasees from the consequences of the Releasees’ actions. This indemnity includes actions arising from the negligence of the Releasees or any other party. If the Participant is injured or causes injury to a third party while participating in a polo match or practice, or use of the Releasees’ facilities in any manner whatsoever, the Participant intelligently understands that, regardless of the cause of the bodily injury, property damage or death, the Releasees will not be held responsible and the Participant will have to indemnify the Releasees as set forth herein.
3. DEFENCE AGAINST CLAIMS: The Participant further agrees to defend the Releasees against any and all claims brought or causes of action filed against the Releasees with respect to the subject of the indemnity contained herein. In case a claim is brought or filed against the Releasees with respect to the subject of this Agreement the Participant agrees that the Releasees can employ legal counsel of their own selection to appear and defend said claims at the Releasees’ sole direction and that the Participant will bear all the expenses therefor. The Releasees shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the Releasees. The Participant shall, upon demand, pay to the Releasees all sums due to any parties by the Releasees as a result of any indemnified claim and all sums due to the Releasees’ legal counsel. In essence, the Participant has agreed to pay for all of the expenses that the Releasees incur as a result of any actions brought about or as a result of the Participant’s account.
4. RULES AND REGULATIONS: The Participant hereby agrees to abide by all rules and regulations promulgated by any of the Releasees with respect to the participation, use and access described in the recitals hereto. It is the responsibility of the Participant to abide by these rules and regulations, whether or not the Releasees enforce or do not enforce them.
The Participant acknowledges that the Releasees are not a policing agency. The Participant further agrees to abide by all of the rules of the United States Polo Association, which shall govern all polo play engaged in by the Participant.
The Participant further acknowledges that his or her participation in polo matches, equestrian activities, or use of any of the facilities of the Releasees, is at the Participant’s own risk and without any representation of any kind or character having been made to the Participant by the Releasees. The Participant assumes complete and total responsibility. No warranty, representations express or implied, have been made by the Releasees.
5 MEDICAL: The Participant hereby represents and warrants to the Releasees that the Participant is physically and mentally capable of participating in polo and equestrian activities. The Participant fully recognizes and accepts the risk of injury to person or personal property inherent in participation in any physical activity, especially polo.
The Participant hereby gives the Releasees consent to emergency medical or veterinarian care, inclusive of necessary transportation in order to obtain such treatment in the event of injury to the Participant or the Participant’s animals, as the Releasees, or anyone else acting at the Releasees’ facilities may deem appropriate. The Release and Indemnification Agreement extends to any and all liability arising out of or in any way connected with such medical or veterinarian treatment, or transportation provided in the event of some emergency.