Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks include, among others, risks of injury inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity.
Liability Release and Waiver Agreement
This document will affect your legal rights and liabilities. Please read carefully. It is hereby agreed as follows:
I, the undersigned, agree to the following agreement as a condition for allowing me, and/or the persons identified below, to engage in any or all of the following activities at 4100 and 4150 Lake Washington Road, Melbourne, FL 32934: Access, tour, or move around the property, interact with animals, drive on the uneven terrain of the property, be in contact with horses, ponies, donkeys, chickens, roosters, and many other animals. (All of these activities will hereinafter be referred to as “the Activities.”)
All parts of this agreement shall apply to me, and the children/legal wards listed below. We will collectively refer to ourselves as “I”, “me”, or “my” throughout this agreement. This Liability Release Waiver and Assumption of Risk Agreement is intended to be valid and binding at all times, now and in the future, permitting me (directly or indirectly) to engage in any and all of the Activities at any time at any Relentless location.
It is hereby agreed as follows:
SOCIAL MEDIA/VIDEO/PHOTO RELEASE. Notwithstanding any prohibition contained in Section 540.08 Florida Statutes, the undersigned (“Participant”) hereby freely and voluntarily consents to the use and publication of my name, participation, picture, and/or likeness by Relentless Equestrian Stables, LLC, and/or its affiliates, employees, and/or agents (collectively “Relentless”) and photographs, video and/or audio, for any and all purposes, including, but not limited to, educational, promotional, advertising and trade, through any medium or format, including, but not limited to, film, photograph, television, radio, digital, internet or exhibition. Participant acknowledges that Relentless is the sole owner of all rights, in and to, this visual and/or sound production and/or photographs, and the recordings thereof, and that it has the right to use, or reproduce the resulting images as often as it finds necessary. Participant acknowledges that the photographs, video and/or audio may be used indefinitely by television, radio, newspapers, magazines, newsletters, brochures, internet, intranet, or in other media once released. Relentless has the right, among other things, to edit or
otherwise alter the visual or sound recording or photographs, as needed. Participant understands and agrees that I will not receive any compensation for the appearance or the participation in said productions. Participant agrees to hold Relentless, its employees, officers, directors, members, and agents, harmless against any claim, liability, loss, or damage caused by, arising from, or related to my participation in any production or relating to my access to the property.
RISKS/ASSUMPTION OF RISK. I understand that anyone riding, handling or even near a horse, donkey, or pony (referred to as “equines” in this document) can suffer bodily and other injuries at any time and without warning. Among other things, equines are unpredictable by nature. For example, when frightened, angry, or under stress, the natural instincts of an equine are to jump forward or sideways, back up quickly or run away from danger by trotting and galloping. Equines are also known to kick, bite, buck, rear up, spin around, strike, or bite. I know that equines can do any of these things without warning. I also understand that all equines, even if they have no history of inflicting injury, are powerful and have the potential to be dangerous to people and animals that are on, near, or around them. Further, I understand that riding, handling, or being near an equine and/or receiving instruction, guidance, on or around equines can expose me to numerous hazards, which could include, for example, the propensity of an equine to behave in ways that may result in
injury, harm, or death to persons on or around them, the unpredictability of an equine’s reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals; certain hazards such as surface or subsurface conditions on, near, or off the stable property; and/or collisions with other equines, animals, or objects. I understand these risks and dangers inherent in equine activities and I agree to assume each and every one of them. I understand that these are just some of the risks, and I agree to assume others that are not mentioned above. I am not relying on this agreement to list all possible equine-related risks for me in this document or at any time, now or in the future.
WAIVER AND LIABILITY RELEASE. As consideration for being allowed to engage in any or all the Activities, now or in the future, and with full knowledge and appreciation of the risks, I agree to assume full responsibility for any and all bodily injuries, losses, or damage which I may sustain at any time when engaging in the Activities. The term “damages” means damages, and/or personal property damages. I, for my heirs, administrators, personal representatives or assigns, release and discharge Relentless Equestrian Stables, LLC, its managers, employees, agents, assistants, representatives, assigns, and others acting on their behalf of and from any and all claims, demands, damages, action, omissions, suits, or causes of action (present and future), whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my bodily injury or damage that may be sustained or property damage which may occur at any time — now or in the future — as a result of engaging in any or all of the Activities at any time and at any location.
INDEMNIFICATION. I also agree to indemnify and hold harmless Lawrence Jarnes, Jeannette Jarnes and Relentless Equestrian Stables, LLC — its managers, employees, agents, assistants, representatives, assigns, and others acting on their behalf against all liability, claims, losses, actions or expenses which are sustained, suffered, or incurred by any third person(s) that I may cause (directly or indirectly) while engaging in any or all of the Activities at any time and at any location. (Third person(s) are any and all people who are not parties to this Agreement and include, but is not limited to, my relatives, guests, other clinician participants, spectators, or visitors, etc.) The indemnification provides for reimbursement of reasonable attorney fees. This Liability Release, Waiver and Assumption of Risk Agreement is governed by Florida law and is intended to be as broad and inclusive as Florida law permits. This document can only be modified in a written document that is signed by me. Should any clause in this document conflict with Florida law, only that clause will be null and void and the remainder of this document shall always stay in full force and effect, now and in the future. Should I breach this Liability Release, Waiver and Assumption of Risk Agreement (or any part of it) I agree to pay attorney's fees and court costs related to such breach incurred by Relentless. It is also mutually agreed that any disputes arising under the Liability Release, Waiver and Assumption of Risk Agreement, or any activities undertaken pursuant to it, shall be litigated in a State or Federal Court of proper jurisdiction located in or nearest to Brevard County, Florida after a good faith attempt to resolve any dispute in mediation.
I REPRESENT THAT: (1) I AM AT OR OVER 18 YEARS OF AGE; (2) I AM OF SOUND MIND AND I AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR INTOXICANTS; (3) I HAVE READ THIS ENTIRE WAIVER, AGREEMENT AND LIABILITY RELEASE AND FULLY UNDERSTAND IT; (4) I INTEND THAT THIS WAIVER, AGREEMENT, AND RELEASE OF LIABILITY TO BE VALID AND BINDING TODAY AND AT ALL TIMES IN THE FUTURE; and (5) THE INFORMATION THAT I HAVE PROVIDED IN THIS WAIVER, AGREEMENT AND RELEASE OF LIABILITY IS TRUE AND ACCURATE.