RELEASE OF LIABILITY
RELEASE OF LIABILITY PECAN ACRES POLO CLUB, LLC
The execution of this Release of Liability (“Release”) by the undersigned is a prerequisite to the undersigned’s ability to take part in any activity on the premises of the Pecan Acres Polo Club, LLC (“the Club”), including but not limited to riding, participating or observing polo games or polo practices, parties, events and working in and around the barn area of the Club (“Club Activities”).
In consideration of the undersigned participating in Club Activities, the undersigned, on behalf of himself, his heirs, next of kin, dependents, representatives, executors, administrators, successors or assigns (collectively, “undersigned”) agrees to and hereby does forever release, indemnify and hold harmless the Club, Timothy F. Kelly and Melissa K. Kelly (“Kelly’s”), and Pecan Acres Equine Management, LLC (“Equine”), along with each of their respective officers, directors, members and employees (the “Released Parties”), from any and all causes of action, claims, liabilities or demands of any nature whatsoever, known or unknown, which said undersigned may now have, or have in the future, against the Released Parties arising out of or relating to any injury, loss and damage to person or property, including death, that may be sustained as a result of the undersigned’s attendance or participation in Club Activities. Further, the undersigned covenants and agrees not to institute or participate in any suit or action at law or otherwise against the Released Parties arising out of or related to his/her attendance or participation in Club Activities.
The undersigned participant understands that the Released Parties are not responsible to provide medical or hospitalization insurance for participants. The undersigned participant certifies that he/she will be covered by his/her own medical and hospitalization insurance while participating in Club Activities.
The undersigned participant acknowledges and agrees that the Club Activities involve inherent risks, including risk of physical or psychological injury, pain, suffering, illness and/or death, and assumes all inherent risks and voluntarily participates in Club Activities. In order to mitigate any risks, the undersigned agrees that prior to participating he/she will inspect the facilities and equipment to be used and if he/she believes anything is unsafe, he/she will immediately advise his/her coach or supervisor of such conditions and refuse to participate.
In addition to the above, the undersigned participant understands the assumption of the Risk and Waiver of Liability relating to Coronavirus/COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World health organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many location’s, prohibited the congregation of groups of people.
The Club has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that you, family, or team members will not become infected with COVID-19. Further, attending an event could increase your risk, your family(s), and your team member(s) risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my family, team member(s) and I may be exposed to or infected by COVID-19 by attending Club events and that such exposure of infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, The Club owners, officers, directors, members and employees, and event participants and their families and/or team members.
I voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury to my family, team members or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my family or team member’s attendance at an event or participation in an event programming (“Claims”). On my behalf, and on behalf of my family and team member(s), I hereby release, covenant not to sue, discharge, and hold harmless Club owners, officers, directors, representatives, members, and employees, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses or any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Pecan Acres Polo Club, its owners, officers, directors, members, employees, and representatives, whether a COVID-19 infection occurs before, during or after participation in the event.
By signing below, the undersigned represents that he/she is of lawful age and legally competent to sign this Release, has carefully read and fully understands the terms of the Release, and that they are contractual and not merely recitals, and that the undersigned is freely, knowingly, and voluntarily entering into this Release.
“UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OR EQUINE ACTIVITIES.”
IN WITNESS WHEREOF, this instrument is duly executed