ASSUMPTION OF RISK, LIABILITY WAIVER, AND INDEMNITY AGREEMENT
Read in Detail as this Document has Legal Meaning and Significance!
In consideration of the purchased Team Tate Academy Membership (specific course selected by Participant (“Undersigned”)) and provided by Team Tate Dressage, LLC (“Team Tate Academy”)), either by live or recorded Course Content, Undersigned acknowledges, understands and agrees that by expressly assenting to this Agreement, such assent recorded, Undersigned is assuming all risks, waiving rights and releasing any claims against Team Tate Academy, Instructor(s) presenting Course Content and Virtual Lessons, and other identified parties below, that may evolve from Undersigned’s access, attendance, involvement in, and any subsequent activities based upon, the Course Content and Virtual Lessons, and future use of the Course Content and instruction details involved in engagement in the Activities, and Undersigned’s use of any and all equipment involved. Undersigned is attending the Course Content and Virtual Lessons for the purpose and sake of learning and engaging in such Content and Activities (as outlined below). Undersigned agrees that should Undersigned have any questions about Activities, Content and equipment involved in the Course Content, Undersigned will ask Team Tate Academy, Course Content & Virtual Lesson Instructor(s), and/or other professional personnel any related questions before Undersigned engages in such Activities without complete knowledge.
The Activities and Risks of the Course Content and Virtual Lessons are expected to include, but not be limited to, virtual, online, and/or in-person equestrian and horse training, riding, maintenance, and related physical and mental training and aspects for such activities and being in the vicinity of horses (“Activities”), involving risks including, but not limited to, web access and exposure and related risks, interaction and contact with or being thrown from a horse, falls, slips, contact hard surfaces, resulting abrasions, cuts, bruising, dislocations, fractures, concussions, or sprains and strains, overexertion, muscle fatigue or soreness, joint soreness, trauma, paralysis, and even death (“Risks”). Any and all of the Activities and Risks could cause and/or result in property damage, personal injury, serious personal injury, paralysis, and even death. Failure to follow Course Content, Virtual Lesson, and Activities’ rules, regulations, instructions, and standards, including, but not limited to, those shared by the Instructor(s) and Course Content could cause and/or result in property damage, personal injury, serious personal injury, paralysis, and even death. Noting that such Activities have such Risks, whether or not Course Content, Virtual Lessons, and Activities’ standards are followed due to the inherent risks in and from the Activities and involvement with horses and large animals, who may have unexpected or unpredictable actions and/or movements.
HELMETS ARE HIGHLY RECOMMENDED, as well as other protective clothing and equipment specific to the Activities and Equestrian industry, while engaging in the Activities, and/or subsequent equestrian activities. Undersigned assumes all Risks associated with failure to make good decisions, including failure to use or wear appropriate safety equipment and/or clothing, while engaging in the Activities. Failure to take proper steps and decision making, and wear proper safety equipment and/or clothing, including those shared by the Instructor(s) and Course Content could cause and/or result in property damage, personal injury, serious personal injury, paralysis, and even death. Undersigned is responsible for knowledge of the Activities in a specific location as this Course Content is general to the Activities and training, and not a specific location, including such features or obstacles thereat.
Further, as the Activities maybe engaged in the outdoors, the Activities are subject to and include inherent risks of the unpredictable forces of nature, including, but not limited to, exposure to sun, cold, wind, hail, lightning and thunder, rain and flooding, slippery, loose, or falling rocks, falling and/or downed limbs or trees, and other such phenomena, as well as flora (plants) and fauna (animals) that could cause and/or result in property damage, personal injury, serious personal injury, and event death. Undersigned should be aware of things that can spook a horse.
Team Tate Academy, including Releasees (defined below) have made no effort and have little to no ability to determine, and accepts no responsibility for Undersigned’s medical, physical or other qualifications, or the suitability of Undersigned, for the Activities. Similarly, Team Tate Academy, including Releasees (defined below) have made no effort to and accepts no responsibility for Undersigned’s choice and use of horse(s). Undersigned accept full responsibility for determining Undersigned’s own and his/her horse’s medical, physical, skill, or other qualifications or suitability for engaging in the Activities. Should Undersigned have any questions about Undersigned’s or Undersigned’s horse’s abilities, physical or other, and/or engaging in the Activities, Undersigned should ask Course Instructor and/or consult with experts in the specific Activities before engaging in such Activities!
Alcohol and other substances can and will impair judgment and reduce Undersigned’s ability to effectively manage the Risks involved with Activities as well as the Activities themselves. Team Tate Academy is not responsible for any injuries or injuries caused to others because of Undersigned’s impaired mental or physical state, including diminished and limited abilities of alcohol and other substances.
By expressly assenting to this Assumption of Risk, Liability Waiver and Indemnity Agreement, Undersigned acknowledges and assumes the Risks and dangers associated with the Activities, Undersigned’s ability to be engage in such Activities, and the use of the equipment and, as a condition to Undersigned accessing the Course Content and Virtual Lessons about such Activities, agree to: (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH to Undersigned, and property damage, while or as a result of Undersigned’s engagement in the Course Content, Virtual Lessons and Activities; (2) WAIVE, RELEASE, and NOT SUE, NOR MAKE ANY CLAIMS OR FILE ANY ACTIONS against Team Tate Dressage, LLC, as well as any owner, operator, representative, employee, insurance carrier, subsidiaries, affiliates, shareholders, members, officers, directors, representatives, assignees, employees, volunteers and agents of Team Tate Academy, including Course Content Instructor(s) and service providers (hereinafter the “Releasees”), involved with or emanating out of Undersigned’s engagement in the Course Content, Virtual Lessons, and Activities, including, but not limited to, personal injury and/or property damage; and (3) INDEMNIFY, DEFEND AND HOLD Releasees harmless from any and all third party claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to Undersigned’s engagement in or emanating out of the Course Content, Virtual Lessons, and Activities, including improper unauthorized sharing with other parties or using commercial his/herself, and any loss, damage or injury, including death, that may be sustained by Undersigned or caused to others (third party(ies)) or their property by Undersigned and/or his/improper sharing of Content.
No Warranty: I understand that Team Tate Academy does not make any guarantee, representation or warranty, express or implied, as to results from Course Content or Virtual Lessons.
Other: ALL claims arising from or related to the Activities involved shall be governed by the laws of South Carolina with exclusive venue and in Greenville County, SC. This Agreement shall be binding to the fullest extent permitted by law. If any provision or term of this Agreement is found to be unenforceable, the remaining terms shall be enforceable.
This Agreement shall be binding upon Undersigned’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If Undersigned is under 18 years old at the time of this agreement, then a Parent/Guardian must also sign and expressly agree to these terms on behalf of said minor participant and provide contact information for verification. If applicable, THE UNDERSIGNED PARENT OR LEGAL GUARDIAN represents and acknowledges that he/she is entitled to and is signing this agreement on behalf of Minor and that Minor Participant and as Undersigned will be bound by all the terms of this agreement.
UNDERSIGNED HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS AND SIGNS IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.