WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND MEDIA RELEASE AGREEMENT
Wish Me Luck Farms – A Division of Kid Space LLC
20009 Southern Star Dr., Fort Pierce, FL 34945
Parent Company: Kid Space LLC, 462 SW Port St. Lucie Blvd, Port St. Lucie, FL 34953
This Waiver of Liability, Assumption of Risk, and Media Release Agreement (the "Agreement") is entered into by the undersigned participant ("Participant"), or if the Participant is a minor, their parent or legal guardian, in consideration for participation in equestrian activities, farm activities, and other related events (the "Activities") at Wish Me Luck Farms, operated by Kid Space LLC.
1. Assumption of Risk and Waiver of Liability
I, the undersigned, acknowledge and agree that:
Participation in equestrian activities, including but not limited to horseback riding, handling, and observing horses, involves inherent risks that may result in serious injury, permanent disability, or death. These risks include, but are not limited to, falls, horse behavior, collisions, equipment failure, and environmental hazards.
Florida law recognizes these risks under the Florida Equine Activity Liability Act (Fla. Stat. § 773.01 et seq.), which states that an equine activity sponsor, equine professional, or facility is not liable for injury or death of a participant resulting from the inherent risks of equine activities.
I voluntarily assume all risks related to my (or my child’s) participation in the Activities and understand that Wish Me Luck Farms, Kid Space LLC, its owners (including Shannon Cascio), officers, employees, volunteers, contractors, and agents (the "Released Parties") are not responsible for any injury, death, loss, or damage to persons or property.
I waive, release, and discharge the Released Parties from any and all liability, claims, demands, actions, or causes of action arising out of or related to the Activities, including but not limited to negligence, gross negligence, and property damage.
2. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, suits, or actions brought by me or my representatives, my child, or third parties due to my (or my child's) participation in the Activities. This includes but is not limited to attorney’s fees and legal costs.
3. Medical Authorization
I authorize Wish Me Luck Farms and its staff to obtain emergency medical treatment for me or my child if necessary.
I understand that I am financially responsible for any medical treatment, including ambulance transport, hospitalization, or other medical services.
4. Media Release
I grant Wish Me Luck Farms, Kid Space LLC, and its affiliates the irrevocable right to use my or my child's name, image, voice, and likeness in photographs, video recordings, or other media captured during the Activities.
These materials may be used for marketing, promotional, social media, and educational purposes without compensation.
I understand that these images may be publicly available and waive any right to inspect or approve the final product.
If I do not wish to consent to media use, I will initial here: ______ and notify Wish Me Luck Farms in writing.
5. Acknowledgment of Rules and Safety Policies
I agree to comply with all safety rules, farm policies, and instructions provided by Wish Me Luck Farms staff. I understand that failure to follow these guidelines may result in removal from the premises without refund or recourse.
6. Severability and Governing Law
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement shall be governed by the laws of the State of Florida, and any legal action shall be filed in the courts of St. Lucie County, Florida.
7. Acknowledgment and Signature
I HAVE READ AND UNDERSTAND THIS AGREEMENT. I VOLUNTARILY SIGN THIS DOCUMENT AND AGREE THAT IT IS LEGALLY BINDING ON ME, MY CHILD, HEIRS, EXECUTORS, AND ASSIGNS.