EQUINE RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY, HOLD HARMLESS & COVENANT NOT TO SUE

PONY RIDES, HORSE RENTALS, LESSONS, CAMP/PARTY ACTIVITIES, TRAIL LESSONS, VACATION RENTAL

WARNING: UNDER FLORIDA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.

Southern Pines Equestrian, LLC located at 3295 Monument Bay Road; St. Augustine, FL, 32092 (hereinafter the “Property”) engages in equine activity, including but not limited to, boarding horses on the Property. There are inherent risks associated with equine activity, which can be dangerous. These risks include loss of property, injury or even death. Southern Pines Equestrian, LLC, wishes to inform you of these inherent risks in advance. Participant hereby does forever and finally release, remise, acquit, satisfy and forever discharge the Equine Activity Sponsors, Angela M. Armstrong and Michael Scott Armstrong, Southern Pines Equestrian, LLC, Nancy Morrison, Jennifer Russ, Dee Rudy and their employees, volunteer staff, subsidiaries, affiliates, directors and agents completely harmless and not liable and release them from all manner cause and causes of action, suit, debts, dues, sums of money, bond, billings, contracts, controversies, damages, agreements, promises, variances, judgements, executions, claims and demands whatsoever, in law or in equity, even in the case of negligence which may arise or might in future arise or may arise for or against the Equine Activity Sponsor for equine activities.

Whereas, the undersigned Participant/Spectator/Visitor/Guest/Client (collectively “Releasor”), on his own behalf, and if applicable, the parent/legal guardian of a minor participant (included as Releasor) has requested access to/use of the Premises to participate in lessons, boarding, trail riding and related activities and events and/or to engage in and participate in other equestrian and equestrian-related activities and events, including but not limited to, equine transportation, riding and handling horses, boarding horses, feeding/exercising horses, pleasure and trail riding, training horses and riders, teaching equestrian skills, grooming and care of horses, and other equine activity, both on and off the property/land that is part of Premises. Now therefore, for good and valuable consideration of being permitted use of Premises, both on and off the property/land that is part of Premises, Releasor agrees to the following terms and conditions of this Release, Waiver, Hold Harmless, Assumption, Indemnification and Covenant (Agreement):

ASSUMPTION OF RISKS/INHERENT RISK

Releasor acknowledges that he or she has had ample and sufficient opportunity to make an inspection of, and assess, the Premises and improvements, standard and safety, program and rules, and operations thereon. Releasor understands that horses are inherently dangerous, and engaging in equine activities is inherently-dangerous. Horseback riding is considered a rugged adventure, recreational sport activity. Horses are large, unpredictable animals which may be dangerous no matter how much training they have, no matter what level of experience participants have. Releasor is familiar with animal behavior and other conditions or potential conditions that may be dangerous, and with risks to person (including death, personal injury) and property involved in lessons, jumping, trail riding and the other activities described in the Whereas clauses above. Releasor understands that a medical team cannot be available at all activities, trail riding locations or times that Releasor may choose to ride, feed or exercise horses, and that medical assistance may be delayed.

The undersigned Releasor assumes full risks of all of the forgoing activities and of dangerous and potentially-dangerous conditions that include but are not limited to; falling off the horse due to loss of balance resulting from speed, abrupt stops and/or direction changes, bucking, rearing, horses sudden reactions (spooking) to sudden movements and sounds, leaves or debris, high winds or bad weather, wildlife, loose animals, other livestock, unfamiliar objects, collisions or confrontations with another horse, out-of-control riding by participant or other participants, vehicles, both on and off the property/land that is part of Premises. The Releasor assumes full risks due to negligence of Releasees (as defined below) or otherwise, and waives all specific notice of the existence and location of any such dangerous conditions.

COVENANT NOT TO SUE

Releasor hereby releases, waives, discharges and covenant not to sue individually, or together, Equine Activity Sponsors, Angela M. Armstrong and Michael Scott Armstrong, Southern Pines Equestrian, LLC and their employees, volunteer staff, subsidiaries, affiliates, directors and agents (collectively, “Releasees”) from all liability to Releasor, and his or her family, personal representatives, assigns and heirs, for all loss or damage, and any claim or demands therefore, on account of injury to the person or property or resulting in death of the Releasor, which may be caused by any act or failure to act of Releasees or any one thereof, whether or not such act or failure to act is negligent, including any liability imposed by statute.

HOLD HARMLESS 

Releasor agrees to hold Premises harmless from any claim resulting from damage or injury, including but not limited to legal fees and/or expenses incurred by Premises in defense of such claims. Releasor agrees to defend, indemnify, save and hold harmless Premises and its principals, agents, and affiliates from and against any loss, liability, damage, attorneys’ fees, or costs that they may incur arising out of or in any way connected with Releasor’s use of or presence at Premises.

WILDERNESS & NATURE HAZARDS

Releasor acknowledges that the participant may be taking part in a Wilderness Experience (pursuit of adventure type activity in a wild, rugged and uncultivated area, uninhabited by people, inhabited by wild animals, birds and reptiles) that may be hazardous to people, and that Premises is not responsible for acts, occurrences or elements of nature (such as thunder, lightning, other animals, birds, insects, insect bites, irregular footing, landscape changes, and other risks not mentioned) that can scare a horse, cause a horse to trip and/or fall, or cause it to react in an unusual manner, and can cause death, injury or drowning to Releasor.

RIDER RESPONSIBILITY

Releasor acknowledges that upon mounting a horse and taking up the reins, the rider is solely responsible for being in control of the horse, and for his/her own safety. The rider’s safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal. I certify that I /and/or Participant am fully capable of participating in equine activities on the Property.

RULES

Releasor hereby acknowledges receipt and understanding of the Premises Rules, designed for your safety, the safety of other participants, and the safety of the horses, to include but are not limited to:

● Participants will obey the instructions of the Manager, Trainer, Instructor, Premises Representative or Guide

● Participants are responsible for their own conduct, at their own risk

● No participant may injure, tease, whip or harass horses on Premises

● All riders must wear an American Society of Testing and Materials (ASTM) approved helmet

READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT.  YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF, AND AGREEMENT TO, ITS TERMS.  BY SIGNING THIS RELEASE YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOUR RIDING OR USE OF THE PREMISES, HORSES AND/OR PARTICIPATION IN EQUINE ACTIVITIES ORGANIZED BY EQUINE ACTIVITY SPONSORS, ANGELA M. ARMSTRONG AND MICHAEL SCOTT ARMSTRONG, SOUTHERN PINES EQUESTRIAN, LLC AND INDEPENDENT TRAIL GUIDES and TRAINERS AND THEIR EMPLOYEES, VOLUNTEER STAFF, SUBSIDIARIES, AFFILIATES, DIRECTORS, AND AGENTS OR PROPERTIES IN THEIR CARE.

I accept full responsibility for accident or injury to myself, family members or my guests.

The releases, waivers, indemnities, agreements and other provisions of this instrument apply to any and all access and use of the Premises on or after the date of execution of this document and shall not be limited to one event or a specific period of time.