EQUINE ACTIVITY LIABILITY RELEASE, WAIVER OF RIGHT TO SUE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

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.

READ BEFORE SIGNING – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES A WAIVER OF YOUR RIGHT TO SUE

In consideration for being permitted to participate in equine and farm-related activities, the undersigned (“Participant”), on behalf of themselves and any minor child or ward, agrees as follows:

1. SCOPE OF ACTIVITIES: This Agreement applies to all equine-related and farm-related activities including, but not limited to, riding, training, jumping, handling, grooming, lessons, clinics, competitions, ground work, transport, spectating, or being present in any capacity, whether on or off premises, including but not limited to 4451 SW Boatramp Ave., Palm City, Florida.

2. RELEASED PARTIES: April E. W. Milner, David R. Milner, Virginia C. Williams, Tailwind Trails, LLC, Ackerly Equestrian Services, LLC, Evan Ackerly, AE Equine Holdings, LLC, Patti Thompson, PLT Equestrian, LLC, Flying Frog Helicopters, LLC, and all owners, members, managers, officers, employees, agents, representatives, volunteers, contractors, insurers, successors, and assigns of each (collectively, the “Released Parties”).

3. ASSUMPTION OF RISK: Participant acknowledges that equine activities are inherently dangerous and involve risks that may result in serious bodily injury, death, or property damage. Participant expressly assumes all risks, including but not limited to: (1) unpredictable equine behavior (bucking, kicking, biting, rearing, bolting, falling); (2) reactions to sounds, movement, people, animals, or environmental stimuli; (3) hazards related to footing, terrain, weather, and surface/subsurface conditions; (4) collisions with horses, people, vehicles, or objects; (5) acts or omissions of other participants; (6) equipment or tack failure; (7) improper use or adjustment of equipment; (8) entanglement in reins, ropes, or equipment; (9) falls from or around horses; (10) failure to use protective equipment; (11) loading, unloading, and transportation risks; and (12) ANY NEGLIGENT ACT OR OMISSION OF THE RELEASED PARTIES OR OTHERS.

4. RELEASE, WAIVER, AND COVENANT NOT TO SUE: To the fullest extent permitted by law, Participant hereby RELEASES, WAIVES, AND FOREVER DISCHARGES the Released Parties from any and all claims, demands, actions, damages, or liabilities of any kind arising out of or related to participation in equine activities, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE (ACTIVE OR PASSIVE) OF THE RELEASED PARTIES, AND AGREES NOT TO BRING, FILE, OR INITIATE ANY CLAIM OR LAWSUIT against any Released Party.

5. INDEMNIFICATION: Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims, liabilities, damages, losses, or expenses (including attorney’s fees) arising from Participant’s actions, presence, participation, any minor child or ward, any guest brought onto the property, or any horse owned, leased, or controlled by Participant.

6. RULES AND RESPONSIBILITY: Participant agrees to follow all rules, safety procedures, and instructions, assumes responsibility for supervising minors and guests, and ensures all accompanying persons comply with this Agreement.

7. SAFETY EQUIPMENT: Participant acknowledges that ASTM/SEI helmets and appropriate footwear are recommended and/or may be required, and that failure to use such equipment is at Participant’s sole risk.

8. MEDICAL/VETERINARY AUTHORIZATION: Participant authorizes emergency medical or veterinary care if deemed necessary and agrees to be responsible for all associated costs.

9. PHOTO RELEASE: Participant grants Tailwind Trails, LLC the unrestricted right to use photographs or video images taken during activities for advertising, marketing, social media, and promotional purposes without compensation.

10. TERM, VENUE, AND GOVERNING LAW: This Agreement applies to all current and future visits and activities unless revoked in writing. It is governed by Florida law, with venue in Martin County, Florida. If any provision is invalid, the remainder shall remain enforceable.

11. BINDING EFFECT: This Agreement is binding upon Participant and their heirs, representatives, successors, and assigns.

ACKNOWLEDGMENT: I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT VOLUNTARILY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.