USPA National Polo Center - Wellington
Waiver, Release of Liability, Assumption of Risk, Hold Harmless, and Indemnity Agreement
This Waiver, Release of Liability, Assumption of Risk, Hold Harmless, and Indemnity (“Waiver”) is entered into as of the date the ticket is issued to the ticket holder (the “Effective Date”) by the ticket holder (the “Participant”), and freely given by the Participant in favor of the USPA National Polo Center – Wellington (“NPC”), United States Polo Association (“USPA”), NPC Polo Operations, LLC (“NPC Polo Ops”), McCourt Broderick LLC (“MB”), 120th Avenue S, LLC (“120th”), (collectively, the “Releasees”). Releasees and Participant are each referred to herein as a “Party” and collectively referred to as the “Parties.”
In exchange for and in consideration of my participation in any event or activity held by Releasees (“Releasee Event”), I, the Participant, agree to the terms and conditions in this Waiver to participate as a ticket holder, spectator, or in any other capacity. Events include, but are not limited to, equestrian clinics, practices, shows, competitions and related or incidental activities. I agree on behalf of myself, my spouse, children, heirs, next of kin, legal and personal representatives, executors, administrators, successors, and assigns, to be bound by the following terms and conditions:
A. Waiver, Release of Liability, Hold Harmless and Indemnity: In exchange for and in consideration of my participation in any Releasee Event, I hereby unconditionally waive, release from liability, covenant not to sue, fully indemnify, and defend and hold harmless, the following parties from any claim, demand, cause of action, damage, loss, or expense, including court costs and attorneys’ fees of any kind or nature (“Liability”), which may arise from or relate in any way to participation in any Releasee Event by me, my family members, guests, contractors, subcontractors, agents, servants or employees, including Liabilities arising in whole or in part by their negligent acts or omissions: Releasees, their members, officers, directors, employees, agents, event participants, athletes, riders, coaches, trainers, judges, officials, owners, managers, competition directors, licensees, promoters, sponsors, advertisers, and any other person or entity involved in the operations or activities of any Releasee Event, including contractors, volunteers, charities, lessors of any facilities or premises where a Releasee Event is held (collectively, “Released Person”). To the extent any person or entity associated with me asserts any Liability against a Released Person arising from or relating in any way to my participation in any Releasee Event, I agree to fully indemnify, and defend and hold harmless the Released Person.
************ 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.
(2022 Florida Statutes - Title XLV, Section 773.04)
B. Acknowledgment of Risk: I acknowledge the inherent risks associated with all Releasee Events and I know that horseback riding and related equestrian activities such as polo are inherently dangerous. I understand that under Florida Law, an equine activity sponsor, equine professional, or other person, including without limitation the Released Persons, shall not be liable for injury or death resulting from the inherent risks of equine activities. I further understand that the risks and dangers associated with my participation in any Releasee Event may include, without limitation, serious bodily injury, including broken bones, head, neck, and back injuries, trauma, pain and suffering, permanent disability, paralysis, death, sickness and disease, including communicable diseases, loss or damage to personal property, including horse and equipment, and other damage that may arise from the unpredictable behavior of horses. This also includes loss, damage, or injury resulting from accidents or collisions involving other participants, horses, volunteers, spectators, event staff, natural or manmade objects, exposure to adverse weather conditions, conditions relating to any facility or premises where any Releasee Event is held, inadequate or failure of safety measures, failure of protective equipment, such as helmets or gear, and any other situation beyond the control of the Released Persons, including any other undefined or unknown risk or danger (“Risks”).
C. Assumption of Risk: I knowingly and voluntarily assume all Risks that may result, in whole or in part, directly or indirectly, from the negligence of my own actions or inactions, the actions or inactions of others while actively or inactively participating in a Releasee Event, or the negligent acts or omissions of the Released Persons. I understand I am responsible for any loss, damage, liability, or other expense not specified herein, that I incur as a result of my participation in any Releasee Event. I also assume any other risk and I accept responsibility for any other loss, damage, liability or injury caused by me, my employees or contractors, and others under my direction and control at any Releasee Event. Such injuries may be caused without limitation, by me, other participants, field conditions including uneven or damaged terrain, the presence of moisture, mud and/or flooding of the terrain, obstacles and obstructions upon or under the terrain and other natural or manmade conditions which may be hazardous to me or create hazards to my activities.
D. COVID-19 Assumption of Risk: The novel coronavirus, or COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 has also been reported by state and local health officials to be extremely contagious and may cause serious potentially life-threatening illness and even death. I understand and agree that I am responsible for my own COVID-19 prevention, and I understand that the Released Persons are not liable for negligence or if I contract COVID-19 in connection with a Releasee Event. I assume the entire risk of contracting COVID-19 for myself, and my children, in exchange for my participation in any Releasee Event. I acknowledge that Releasees cannot guarantee or prevent me from contracting COVID-19. I agree to follow all Releasee safety protocols and those established by all government agencies having jurisdiction, including the Centers for Disease Control (“CDC”) and the Florida Department of Health (“FDH”), to limit the exposure, infection, and spread of the disease.
E. Authority and Signatures: Each person agreeing to this Waiver on behalf of any party represents and warrants that it, he or she: (1) has the legal capacity to agree with full authority to this Waiver on behalf of the party, (2) has taken all necessary action for the approval and execution of this Waiver, (3) has been duly authorized by the party to enter into all terms of this Waiver, and (4) that each party is fully bound to perform such party’s obligations. Digital and electronic acceptance of this Waiver is the same as handwritten signatures for the purposes of validity, enforceability, and admissibility, and shall be treated as a valid, original signature.
F. Governing Law and Venue: I understand and agree that the laws of the State of Florida will apply to this Waiver, and if any disputes arise under this Waiver, venue is proper in Palm Beach County, Florida and the United States District Court for the Southern District of Florida.
G. Acknowledgement of Review and Acceptance of Documents: By agreeing to this Acknowledgement and Acceptance, I certify and represent that I have carefully read, understood, and agree to each provision of this Waiver, in exchange for the opportunity to participate in a Releasee Event.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, I UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND I KNOW IT IS A WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, HOLD HARMLESS AND INDEMNIFICATION. I hereby expressly acknowledge, agree, and affirm that this Waiver applies to and is enforceable against me and that I am expressly giving up my legal rights as stated in this Waiver.
If I am a parent or legal guardian agreeing to this Waiver on behalf of a minor, I expressly acknowledge, agree and affirm (a) that this Waiver applies to and is enforceable against me and the minor; (b) that I am expressly giving up my own legal rights as stated in this Waiver; and (c) that I, on behalf of the minor, am expressly giving up the minor’s legal rights as stated in this Waiver.