- I,_____________________ , am above the age of 18 years or am the legal guardian of the above-named person who is under the age of 18 years. I am a guest of MIDLAND POLO, INC. I may be participating in and/or observing activities offered by Midland Polo, Inc. on its premises or on premises owned by The Play Field Corporation or other third parties, including all polo-related activities (competitions, practices, lessons, and the like), horseback riding, and other equestrian activities, as well as other dangerous activities, or watching or spectating at such activities. In this agreement, the term “Activities” shall refer individually and collectively to each of the activities listed above, any other activities provided by or sponsored by Midland Polo, Inc., and preparation and transportation to and from the premises on which such activities occur.
In consideration of Midland Polo, Inc., The Play Field Corporation, and any other owners of land on which Activities may occur, and the agents, officers, managers, or employees of each such entity and landowner named above (hereafter collectively referred to as “MP”) allowing me to use and stay on its premises and participate in the Activities, I hereby ACKNOWLEDGE THE RISKS AND RELEASE, DISCHARGE, AND INDEMNIFY MP from any liability or harm related to the Activities, on behalf of myself and my heirs, personal representatives, and estate as follows:
- Acceptance of Risks and Responsibilities. I understand, acknowledge, and agree as follows: (a) I am voluntarily engaging and participating in the Activities; (b) it is my responsibility to restrict my participation in the Activities as appropriate; (c) the Activities may require a high degree mental acuity and judgment; (d) the Activities may be strenuous and may require a high degree of physical agility and stamina; (e) the Activities bear certain risks which could result in injury, death, illness, or disease to me, spectators, or other third parties, as well as damage to my property or others’ property; (f) the risks I am accepting and assuming include, without limitation: inherent and/or latent risks; the acts, omissions, and negligence of me, of MP, and of other participants, persons, or entities; defects in equipment used in the Activities; weather conditions; my physical, psychological, and emotional health, and that of other participants or persons; and other risks which may or may not be known at this time.
My participation in the Activities is purely voluntary; no one is forcing me to participate, and I elect to participate in spite of the risks. I agree to assume all such risks and to exercise extreme caution at all times and to act strictly in accordance with all rules, policies, and procedures of MP. I assume all responsibility for and risk of injury, death, illness, and disease to me or to third parties, as well as for damage to my property and that of third parties, arising from my participation in the Activities.
- Initials for Section 1
- Release, Indemnification, and Covenant Not to Sue.
- Release. I hereby voluntarily RELEASE AND FOREVER DISCHARGE MP from any and all liability, claims, demands, and losses which are related to, arise out of, or are in any way connected with my participation in the Activities, even if caused by the negligent acts or omissions of MP.
- Indemnification. I further agree, promise, and covenant to INDEMNIFY AND HOLD HARMLESS MP from and against any and all claims and losses of any person arising out of or in any way connected with my participation in the Activities, even if caused by the negligent acts or omissions of MP.
- Covenant Not to Sue. I further agree, promise, and covenant not to sue, assert, or otherwise maintain any claim against MP for any injury, death, illness, or disease, or damage to myself or to my property, arising out of or in any way connected with my participation in the Activities or from any claim asserted against me by third parties.
- Initials for Section 2
- Acknowledgement of Effect of this Agreement. In signing this document, I fully recognize that if anyone is hurt or property is damaged while I am engaged in the Activities, I will have no right to make a claim or file a lawsuit against MP, even if MP negligently caused the bodily injury or property damage. I have assumed responsibility and legal liability for the claims or other legal demands, including defense costs, which may be asserted by spectators or other third parties against me as a result of my participation in the Activities.
I certify that I have sufficient health, accident and liability insurance to cover any bodily injury or property damage I may incur while participating in the Activities and to cover bodily injury or property damage caused to a third party as a result of my participation in the Activities. If I have no such insurance, I certify that I am capable of personally paying for any and all such expenses or liability.
- Initials for Section 3
- Agritourism Agreement and Warning. I understand and acknowledge that an agritourism entity (such as MPC) is not liable for any injury to or death of an agritourism participant (such as me) resulting from agritourism activities (such as the Activities). I understand that I have accepted all risk of injury, death, property damage, and other loss that may result from agritourism activities, which include the Activities.
- Acknowledgment of Rules. I have received a copy of the MPC rule book. I have read it. I understand it. I agree to abide by these rules each and every time I participate in polo or any other Activities.
My signature below indicates that I have read this entire document, understand it completely, and agree to be bound by its terms.