Release of Liability
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.
In consideration of Releaser/Participant, or his/her minor child or equine, being permitted to engage in an equine activity as defined by Florida law where Ashley M. Kostelac, Gregory A. Kostelac, Richard A. Kostelac or Ostel Place (of 7500 St. James Place, Pensacola Florida) or any of her agents or assigns (herein after collectively referred to as Releasee) are the equine activity sponsor and/or Professional, the Releaser, for himself/herself and his/her personal representatives, heirs, and next of kin, does hereby remise, release, acquit, satisfy and forever discharge Releasee of and from any and all manner of action and actions, including but not limited to, injury to the person or the property or resulting death of the Releaser, whether caused by the negligence of Releasee or otherwise while Releaser is engaged in any equine activity wherein Releasee is the equine activity sponsor and/or equine professional and/or leases space to Tenant.
Releaser assumes full responsibility on his/her own behalf and his/her minor child’s behalf for risk of bodily injury, death or property damage due to negligence of Releasee or otherwise while engaged in any equine activity wherein Releasee is the equity activity sponsor and/or equine professional .
Releaser agrees to indemnify the Releasee from any loss, damage or cost Releasee may incur while engaged in any equine activity wherein Releasee is the equine activity sponsor and/or professional, including attorney’s fees and costs of any legal proceedings. Venue of any legal proceeding shall be Escambia County, Florida.
Releaser agrees that this release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Releaser, being of lawful age, does for himself/herself and/or his/her minor child, his/her heirs, executors, administrators and assigns, hereby releases and forever discharges Releasee, their heirs, agents, executors, legal representatives or assigns, from any and every cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, variances, trespasses, damages, covenants, contracts, controversies, agreements, promises, judgments, executions, claims and demands whatsoever, in law or inequity, arising from or by reason of bodily injury or the result from any accident which may occur while engaged in any activity wherein Releasee is the equine activity sponsor and/or equine professional.
Releaser further states that he/she has carefully read the above release and knows the contents of the release and signs this release as his/her own free act and under no duress.
This release contains the entire agreement between the parties to this agreement and the terms of this release are contractual and not merely a recital. This release is intended to be a legal document. Releaser should consult an attorney before signing this document.
