Liability Waiver, Release of Claims, and Indemnification Agreement
This Waiver and Release Agreement ("Agreement") is a condition precedent to participation in any equine or polo-related activities at or with the following entities and their respective properties, facilities, officers, directors, owners, members, employees, contractors, and volunteers (collectively the
"Released Parties"):
Houston Polo Club, Pecan Acres, Danny's Acres Polo, New Pueblo Polo, Coushatta Creek Polo Club, Brookshire Polo Club, A-F Pony Farms, and any related or affiliated polo facilities, sponsors, event hosts, or property owners.
1. Acknowledgement of Risk
I, the undersigned ("Participant"), acknowledge that participation in equine and polo activities involves inherent, but not limited to:
- The propensity of equine animals to behave in ways that may result in injury, harm, or death to persons around them;
- The unpredictability of equine reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals;
- Hazards such as surface or subsurface conditions;
- Collisions with other horses, participants, vehicles, or objects;
- The potential of another participant to act negligently or improperly.
I understand that serious injury or death may result from equine activities and
voluntarily choose to participate, fully assuming all such risks.
2. Release and Waiver of Liability
In consideration of being permitter to participate, I, for myself and on behalf of my heirs, family members, dependents, successors, and assigns, hereby
release, waive, discharge, and covenant no to sue the Release Parties from any and all claims, liabilities, damages, costs, or causes of action of any nature whatsoever, including but not limited to claims arising from the
NEGLIGENCE (whether sole, joint, or concurrent) of any Released Party, arising out of or in any way related to my participation in or presence at equine or polo-related activities.
3. Indemnification
I agree to
indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including attorneys' fees) asserted by any third party arising from or related to my participation, presence, or conduct in connection with equine or polo activities.
4. Medical Care
I acknowledge that the Released Parties do not provide medical, health, or hospitalization insurance. I certify that I maintain my own insurance coverage or assume full financial responsibility for any medical or emergency expenses incurred as a result of my participation.
5. Fitness to Participate
I certify that I am physically and mentally capable of safely participating in equine and polo activities. I agree to immediately notify an instructor, official, or supervisor if I believe any facility, equipment, animal, or condition is unsafe and will refrain from participation until such condition is corrected.
6. Texas Equine Activity Liability Act Notice
I acknowledge that under Texas Law (Chapter 87, Texas Civil Practice & Remedies Code):
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
7. Binding Effect
This Agreement shall be binding upon me and my heirs, executors, administrators, successors, and assigns and shall be governed by the laws of the State of Texas. If any provisions of this Agreement is held invalid or unenforceable, the remaining provision shall continue in full force and effect.
