Release, Waiver of Liability, and Indemnity Agreement
IN CONSIDERATION OF the risk of injury that exists while participating in the Hurricane Peach Days Rodeos; and
IN CONSIDERATION FOR AND AS A CONDITION OF me and/or my minor child or legal ward named herein being permitted to participate and/or engage in Hurricane Peach Days Rodeos and/or enter upon, use, and remain upon the premises of the Hurricane American Legion Equestrian Park.
I the undersigned acknowledges, confirms, represents, warrants, and agrees as follows:
1. I am the Parent/Legal Guardian of the minor participant named herein (if any). I further represent and warrant that I have the full power, authority, capacity, and right, without limitation, to enter into, execute, deliver, and/or perform this Peach Days Rodeo Release, Waiver of Liability, and Indemnity Agreement (this “Agreement”) on behalf of the minor participant named herein.
2. I acknowledge and agree that equine and livestock activities ARE INHERENTLY DANGEROUS AND MAY RESULT IN DEATH OR SERIOUS INJURY TO A PARTICIPANT OR PERSON ENGAGED IN AN EQUINE OR LIVESTOCK ACTIVITY. The Inherent Risks associated with equine and livestock activities include, but are not limited to, the following: (a) the propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (b) the unpredictability of the animal's reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (c) collisions with other animals or objects; or (d) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.
3. I individually and/or on behalf of the minor participant named herein, am fully aware of the inherent risks associated with equine and livestock activities and by engaging or participating in the Peach Days Rodeos, will be exposed to the inherent risks associated with equine and/or livestock activities. I may also be subjected to the risk of physical or mental stress and exertions.
4. I represent and warrant that I and/or the minor participant named herein are physically and mentally able to participate and/or engage in the Peach Days Rodeos.
5. I freely, voluntarily, and with such knowledge sign this Agreement and assume all risks including, but not limited to, death, disability, injury, property damage, and expenses arising from participation and/or engagement in the Peach Days Rodeos.
6. I acknowledge and agree that PEACH DAYS RODEO, ROPE-RACE-RIDE-PRODUCTIONS AND ALL OF THEIR AFFILIATS ARE NOT RESPONSIBLE FOR THE DEATH, DISABILITY, INJURY, OR PROPERTY DAMAGE caused by, arising out of, in connection with, or relating to THE INHERENT RISKS OF EQUINE AND/OR LIVESTOCK ACTIVITIES.
7. I, individually, and on behalf of my spouse, the minor participant named herein, any and all parents, legal guardians, and legal representatives of the participant, and their heirs, successors, executors, administrators, and personal representatives (collectively, the “Releasers”) hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE Peach Days Rodeo, Rope-Race-Ride Productions, Hurricane FFA, Hurricane City, American Legion Equestrian Park, and Hurricane Peach Days, and each of their committees, owners, managers, respective insurers, administrators, agents, representatives, directors, officers, employees, volunteers, participants, officials, judges, stock contractors, sponsoring agencies, sponsors, advertisers, local organizing committees, property owners, lessors, operators of the premises, heirs, successors, and assigns (collectively, the “Releasees”) of and from any and all claims which the Releasers may have against the Releasees for the death, disability, disfigurement, paralysis, injury, property damage, property theft or any other claims arising from, in connection with, or relating in any way to participant’s engagement or participation in the Peach Days Rodeos, and/or presence within or use of the American Legion Equestrian Park.
8. I COVENANT, on behalf of Releasers, that RELEASERS WILL NOT NOW OR AT ANY TIME IN THE FUTURE, DIRECTLY OR INDIRECTLY, COMMENCE OR PROSECUTE ANY ACTION, SUIT, OR OTHER PROCEEDING AGAINST THE RELEASEES arising from, in connection with, or relating in any way to the causes of action, claims, or otherwise waived and released by Releasers pursuant to section 7 directly above.
9. I agree and promise to INDEMNIFY AND HOLD RELEASEES HARMLESS of and from any liability, costs, or expenses arising from any action, causes of action, claims for relief, demands, damages, expenses, costs, fees, or compensation, whether or not said actions, causes of action, claims for relief, demands, damages, costs, fees, expenses and/or compensations are known or unknown, are in law, equity, or otherwise, including, but not limited to, all claims of relief which can be set forth through a complaint or otherwise that may arise out of the acts or omissions, negligent or otherwise, of the Releasors.
10. I acknowledge, understand, and agree that: I HAVE READ THIS DOCUMENT. I UNDERSTAND IT IS A RELEASE FROM ALL CLAIMS. I UNDERSTAND AND ASSUME ALL RISKS INHERENT IN EQUINE AND LIVESTOCK ACTIVITIES. I VOLUNTARILY SIGN MY NAME EVIDENCING MY ACCEPTANCE OF ALL THE TERMS, PROVISIONS, AND CONDITIONS OF THIS AGREEMENT.