Houston Polo Club, Pecan Acres 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”), Pecan Acres Polo Club, LLC “PA 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, PA Club, Timothy F. Kelly and Melissa K. Kelly, 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.
Proper execution of the following indemnity and release by the undersigned is a prerequisite to the undersigned (the “Participant”) being able to take part in any activity at 221 Farm, LLC (“the Farm”) including, but not limited to, riding, polo games, polo practices and working in and around the barn area of the Farms (“Activities”).
In consideration of the Farm permitting the Participant to participate in the Activities, the Participant, on behalf of Participant, and the Participant’s heirs, relatives, dependents, representatives, executors, administrators, successors or assigns (collectively the “Participant Parties”), releases and agrees to indemnify, defend and hold harmless the Farm, its officers, directors, members, and employees (collectively, the “Indemnified Parties”) from and against any and all liabilities, loss, damage, causes of action , claims, demands, or expenses (including without limitation attorneys’ fees, court costs, and expenses of investigation ) of any nature whatsoever (collectively, the “Claims), INCLUDING WITHOUT LIMITATION , CLAIMS BASED ON THE NEGLIGENCE (INCLUDING WITHOUT LIMITATION THE CONTRIBUTORY OR SOLE NEGLIGENCE) OF AN INDEMNIFIED PARTY, which the Participant, and/or the Participant Parties may now have, or have in the future, against the Indemnified Parties, or any of them, on account of personal injury or death, property damage, or accident of any kind, arising out of the Participant’s participation in Activities, including without limitation , participation in or observation of polo activities. IT IS UNDERSTOOD AND AGREED THAT THIS INDEMNITY AND RELEASE COVERS CLAIMS BASED ON THE NEGLIGENCE (INCLUDING WITHOUT LIMITATION THE CONTRIBUTORY OR SOLE NEGLIGENCE) OF THE INDEMNIFIED PARTIES.
If an Indemnified Party in entitled to indemnification hereunder, such Indemnified Party may at its option participate with attorneys of its own choice in the defense of the matter without releasing the Participate or Participant Party for its attorneys’ fees, court costs and expenses of investigation.
Additionally, the Participant further understands that there is substantial risk of injury (including death) from participating in Farm Activities, and Participant fully understands, accepts, and assumes that risk. The Participant verifies that Participant is in good health and that Participant has no physical limitations which preclude Participant’s safe participation in Activities. Participant agrees that prior to participating, Participant will inspect the facilities and equipment to be used, and if Participant believes anything is unsafe, Participant will refuse to participate.
The Participant understands that the Farm does not undertake to provide medical or hospitalization Insurance for participants. The Participant certifies that Participant will be covered by Participant’s own medical and hospitalization insurance while participating in the Activities.
Consistent herewith, Participant assumes full responsibility for Participant’s own physical fitness and capability to participate in the Activities and has taken such steps as Participant deems appropriate to assure Participant that Participant is fit and capable of such participation.
The Participant further states that Participant is cognizant of all of the inherent dangers of participation in the Activities, including the dangers of participating in and observing polo activities; that Participant is of lawful age and legally competent to sign this Indemnity and Release, that Participant has fully read and completely understands the terms of this Indemnity and Release; That Participant understands the terms herein are contractual and not mere recitals, and that Participant has signed this Indemnity and Release as Participant’s own free act.
“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.
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.