Houston Polo Club, Fulshear Polo Farm, Fulshear Equine LLC, Outhier Ranch and Danny’s Acres Polo
Proper execution of the following release by the undersigned is a prerequisite to the undersigned being able to take part in any activity at the Houston Polo Club (“the Club”), Danny’s Acres Polo Club (“DA Club”), Fulshear Polo Farm, and Fulshear Equine LLC (“the Farm”) including but not limited to riding, polo games, polo practices and working in and around the barn area of the Club (“Club Activities”), DA Club (“DA Club Activities” , and/or the Farm (“Farm Activities”).
In consideration of the undersigned electing to participate in the Club, DA Club and/or the Farm activities, the undersigned agrees to release, indemnify and hold harmless, and on behalf of said participant, his or her heirs, next of kin, dependents, representatives, executors, administrators, successors or assigns hereby does release, indemnify and hold harmless the Club, DA Club, Prinsloo Family, the Farm, the Outhier Family, the Waters Family, and the Bayou Club of Houston (the “Bayou Club”), their respective officers, directors, members, and employees from any cause of action claims or demands of any nature whatsoever, which said participant, his or her representatives, heirs, next of kin, dependents, executors or administrators, may now have, or have in the future, against said Club, DA Club, Prinsloo Family, Fann, Outhier Family, Waters Family and/or Bayou Club, their respective officers, directors, members and employees, on account of personal injury, property damage, or accident of any kind, including death, arising out of the undersigned participation in Club, DA Club, and/or Farm activities, including without limitation, participation in or observation of polo activities.
The undersigned participant further understands that by signing this Release, he/she covenants and agrees that he/she, as well as his/ her heirs, next of kin, representatives, dependents, executors, administrators, successors, and assigns, will never institute any suit or action at law or otherwise against the Club, DA Club, Prinsloo Family, Farm, Outhier Family, Waters Family, and/or the Bayou Club or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for the damages, costs, loss of services, expenses, or compensation for or on account of any damage, loss or injury either to his person, property or both which may result from the undersigned’s attendance at and participating in the Club, DA Club, and/or Farm activities.
The undersigned participant understands that neither the Club, the DA Club, the Prinsloo Family, the Farm, the Outhier Family, the Waters Family, nor the Bayou Club undertake to provide medical or hospitalization insurance for participants. The undersigned participant certifies that he/she will be covered by his/her own medical and hospitalization insurance while participating in the Club, the DA Club, and/or the Farm activities.
Consistent herewith, the undersigned participant assumes responsibility for his/her own physical fitness and capability to participate in the Club, the DA Club, and/or the Farm activities and has taken such steps as he/she deems appropriate to assure himself/herself that he/she is fit and capable of such participation.
The undersigned participant further states the he/she is cognizant of all the inherent dangers of participation in the Club, the DA Club and/or the Farm activities including the dangers of participating in any polo activities; that he/she is of lawful age and legally competent to sign this affirmation and release which he/she has fully read and completely understand, he/she understands the terms herein are contractual and not a mere recital, and that he/she has signed this document as his/her own free act.
The undersigned participant agrees that prior to participating he/she will inspect the facilities and equipment to be used and if he/she believes anything is unsafe, he/she will immediately advise his/her coach or supervisor of such conditions and refuse to participate.
“UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES.”
PHOTOGRAPH/INTERVIEW RELEASE AND INDEMNITY: The undersigned GRANT PERMISSION to be PHOTOGRAPHED or INTERVIEWED in connection with the Club, DA Club, and/or the Farm activities. The undersigned understands that the photographs or interviews may be used by the Club for television, film, video, visual, or printed media. The undersigned agrees to RELEASE and INDEMNIFY the Club, DA Club and/or the Farm for any Claims related to photographs or interviews by the Club Parties or any media.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
WAIVER OF LIABILITY AND RELEASE I, the undersigned releasor (“Releasor”), hereby knowingly and intentionally enter into this Waiver of Liability and Release (“Release “) in which I unreservedly and irrevocably waive certain rights and potential rights as detailed herein.
Health; Medical and Physical Condition. I represent and warrant that I am in appropriate and sufficient good health and medical and physical condition to participate in the polo matches and practices during 2020 (the “Activities”) in my capacity as a player, official, coach, groom, staff member or spectator, as the case may be, and that I have no medical problems or issues which would endanger me or others due to such participation.
COVID-19 and Other Communicable Diseases. I acknowledge that participating in the Activities will invariably place me in close proximity with other individuals and in contact with surfaces or areas that may have been handled, touched, or otherwise contacted by other individuals. Due to the nature of the Activities, as well as the participation of the other players, officials, coaches, grooms, staff members and spectators (collectively, the “Participants”) acknowledge that recommended social distancing may not be followed at all times during the Activities and that surfaces and other areas or items with which I may come in contact m ay not be free of viruses, pathogens or other contaminants. I acknowledge that cases of the disease known as COVID-19, caused by contraction of the novel coronavirus, have been confirmed throughout the United States and that the virus is highly contagious. By electing to participate in the Activities, I acknowledge and fully assume all risk that I may be exposed to and contract COVID-19 or any other communicable disease or illness, including as a result of actions or inactions by the USPA Member Club (the “Club”), Club employees or agents, other Participants or third parties.
Representations, Warranties and Covenants. I represent and warrant to the Club that during the past 14 days, I have not (i) experienced any symptoms of COVID-19, including without limitation, fever, cough, or shortness of breath, (ii) been in contact with anyone with a suspected or diagnosed case of COVID-19, (iii) visited an area subject to a CDC Level 3 Travel Health Notice, (iv) been exposed to any person who visited an area subject to a CDC Level 3 Travel Health Notice in the 14 days preceding the exposure, (v) been informed or otherwise been given reason to believe that I have or may have contracted COVID-19, nor (vi) been informed or otherwise been given reason to believe that I have or may have been exposed to the novel coronavirus. I hereby covenant and agree that if at any time the representations and warranties in this Release cease to be true, I will voluntarily refuse to (1) participate in any Activities, or (2) visit the Club.
Informed Consent. By electing to participate in the Activities at any time during 2020, I, individually and on behalf of my heirs, successors, representatives, assigns, and any other person acting on my behalf (collectively, the “Releasors”) expressly agree to assume and accept all risk arising from or relating to the Activities, including without limitation, any injury (including, but not limited to, bodily injury, contraction of COVID-19 or any other infectious disease, incapacity or death), irrespective of the cause thereof, including as a result of actions or inactions by other Participants or the Club.
WAIVER AND RELEASE OF LIABILITY; INDEMNIFICATION. IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES, I, ON BEHALF OF MYSELF AND THE OTHER RELEASORS, HEREBY KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY AND FOREVER RELEASE, HOLD HARMLESS AND INDEMNIFY THE CLUB, THE UNITED STATES POLO ASSOCIATION (“USPA”) AND THEIR RESPECTIVE AFFILIATES, MEMBERS, PARTNERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ATTORNEYS, SUCCESSORS, PEDECESSORS, PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY AND ALL SUITS, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, DEBTS, CONTRACTS, SUMS OF MONEY, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, ERRORS, OBLIGATIONS, FEES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) WHATSOEVER, WHETHER KNOWN OR UNKNOWN, OF WHATEVER TYPE OR NATURE, WHETHER AT LAW OR IN EQUITY, THAT I OR THE OTHER RELEASORS AT ANY TIME HAVE, HAVE HAD, OR HEREAFTER MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT OF OR IN ANY WAY CONNECTED (DIRECTLY OR INDIRECTLY) TO THE ACTIVITIES.
I hereby agree that if I am a parent/legal guardian signing on behalf of my minor child, that I am agreeing to all of the provisions stated herein (including, without limitation, the release, waiver, indemnity and assumption of risk provisions) on my own behalf, AND ON BEHALF OF MY MINOR CHILD.
I HAVE CAREFULLY READ THIS RELEASE, HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS REGARDING ITS CONTENTS, AND FULLY UNDERSTAND ITS CONTENTS. I FULLY UNDERSTAND THAT I AND/OR A MINOR FOR WHOM I AM SERVING AS PARENT/LEGAL GUARDIAN, ARE HEREBY WAIVING AND RELEASING ALL RIGHTS OF RECOVERY OF DAMAGES AGAINST THE RELEASED PARTIES AND ARE ASSUMING ALL RISKS RELATED TO THE ACTIVITIES, AND I SIGN IT OF MY OWN FREE WILL.