Mokarow Farms Release

RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT

READ CAREFULLY AS THIS AGREEMENT LIMITS YOUR LEGAL RIGHTS AND WARNS YOU OF THE MANY DANGERS WHILE RIDING/HANDLING HORSES.  The undersigned on behalf of themselves, their representatives, assigns, executors, heirs and, if applicable, on behalf of their minor child or children (collectively "Rider"), hereby agrees as follows:

Release of Liability and Hold Harmless

1.              Rider, in consideration for riding/handling a horse hereby fully and forever releases, waives and discharges Mokarow Farm Polo Club and its employees, owners, instructors, trainers, managers, agents, grooms, representatives and assigns (collectively "Mokarow Farms") and the owner/lessor/lessee of the horse being ridden (collectively "Owner") and all other persons, firms, associations and each of them who are or might be liable in any way (collectively Mokarow and Owner, referred to as "Releasees") from any and all claims, demands, actions, or causes of action of any kind, which Rider may or might have against Releasees or any of them, arising from or by reason of any and all known and unknown, foreseen or unforeseen bodily and personal injuries, damage to property, injury to horse and any consequences thereof, which Rider may sustain due to the negligence of the Releasees.

2.              Rider further agrees that, except for the gross negligence or willful misconduct of the Releasees, Rider shall not bring any claim, demand, legal action against and/or sue the Releasees for any economic and non-economic losses due to bodily injury, death, property damage and/or injury to any horse or property in relation to the Premises commonly known as Mokarow Farm Polo Club Polo, located at 2700 FM 720, Oak Point, TX 75068 (the “Premises”) and the operations and conduct of Releasees.

Hold Harmless – Indemnification

3.              RIDER HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSS, DAMAGES, DEMANDS, ACTIONS, CAUSES OF ACTION, INCLUDING ATTORNEYS’ FEES, COSTS, AND EXPENSES OF ANY KIND (COLLECTIVELY, “CLAIMS”), WHICH MAY BE MADE AGAINST RELEASEES, INCLUDING THOSE WHICH ARISE IN WHOLE OR IN PART OUT OF THE NEGLIGENCE OF THE RELEASEES.  RIDER AGREES TO IMMEDIATELY DEFEND RELEASEES REGARDLESS OF RELEASEES’ NEGLIGENCE, EVEN IF SUCH CLAIMS ARISE IN WHOLE OR IN PART OUT OF RELEASEES’ NEGLIGENCE.

Assumption of Risk & Waiver – 

Texas Equine Activities Warning & COVID-19/Infections Diseases

4.              UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL 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.

5.              UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AN AGRITOURISM ACTIVITY.  I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.

6.              RIDER HEREBY ACKNOWLEDGES AND ASSUMES THE RISK THAT HORSES AND RIDING, INCLUDING PLAYING POLO, ARE VERY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE.  Rider also expressly acknowledges that injuries received may be compounded or increased by negligent maintenance of the Premises, negligent care of horses, faulty or improperly secured equipment, improper instruction and supervision, Acts of God, and negligent rescue operations or procedures of the Releasees, negligent handling of horses and independent operations by trainers, riders and/or boarders who use the Premises or others who are not affiliated with Releasees.  

7.              RIDER EXPRESSLY ACKNOWLEDGES THAT HORSEBACK RIDING IS A DANGEROUS ACTIVITY AND INVOLVES INHERENT RISKS that may cause serious injury and in some cases, DEATH BECAUSE OF THE UNPREDICTABLE NATURE AND IRRATIONAL BEHAVIOR OF HORSES, REGARDLESS OF THEIR TRAINING AND PAST PERFORMANCE. Rider acknowledges that a horse or pony, without warning or any apparent cause, can buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person's foot, or push a person, saddles or bridles  or other tack may loosen or break - all of which may cause the rider or observer to fall or be jolted, resulting in serious injury or death.  Rider acknowledges that Releasees cannot guarantee that a horse ridden by Rider will be suitable at ALL times as Rider acknowledges any horse no matter what age and no matter what training it has received can still be unpredictable and can cause injury.  Riders in the past may have fallen, been thrown or injured by a horse now provided to Rider or who is being ridden at the same time as Rider.  Rider also acknowledges certain dangerous conditions on the Premises may cause risk, including but not limited to sprinkler valves and water spigots/faucets and covers at the ends of the polo field, culverts, septic tank covers on the Premises.

8.              Mokarow Farm Polo Club takes the coronavirus/COVID-19 pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19 pursuant to federal, state, and local ordinances and guidelines.  However, even with these preventative measures, Mokarow Farm Polo Club cannot guarantee that Rider will not be exposed to and/or infected with COVID-19 or other contagious infections disease(s).  It is possible that Rider’s attendance or participation in any activity at Mokarow Farm Polo Club may place Rider in close physical contact with others such as participants, trainers, grooms, staff, vendors, and other persons on the Premises, all of which could increase the risk of Rider contracting or being exposed to COVID-19.  By signing this Release, Rider acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that s/he may be exposed to or infected by COVID-19 while on the Premises, and that such exposure or infection could result in personal injury, illness, sickness, disease, permanent disability, and death. Rider understands  the risk of becoming exposed to or infected by COVID-19 while on the Premises may result from the actions, omissions, or negligence of Rider or others, including, but not limited to, Releasees, participants, trainers, attendees, grooms, vendors, invitees and others who enter the Premises.

Terms of Agreement

9.              This agreement shall be governed by the laws of the State of Texas and will be enforced and interpreted pursuant to such laws.  Rider agrees that this agreement extends to all acts of ordinary negligence of Releasees and is intended to be as broad and inclusive as is permitted by the laws of the State of Texas.  

10.           If any portion of this agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect.  Rider agrees that this contains all appropriate warnings and no oral representations or statements made by Releasees will modify or invalidate any portion of this agreement and Rider as such does not rely on any oral representations or statements made that are contrary or modify the above warnings and waiver.

RIDER HAS READ THIS AGREEMENT AND UNDERSTANDS THE WARNINGS, ASSUMPTION OF RISK, INDEMNITY OBLIGATIONS, AND RELEASE OF LIABILITY CONTAINED HEREIN AND AGREES TO THE SAME AS SET FORTH ABOVE ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, EXECUTORS, REPRESENTATIVES AND WHERE APPLICABLE, MY MINOR CHILD OR CHILDREN AND THEIR HEIRS, ASSIGNS, EXECUTORS OR REPRESENTATIVES.