Read the Liability Waiver & Sign Acknowledgment:
POLO/EQUINE ACTIVITIES GENERAL RELEASE AND WAIVER OF LIABILITY (“RELEASE”)
I, the undersigned, on behalf of myself and my heirs, executors, personal representatives, administrators, successors and assigns, or, in the alternative, as a parent or guardian on behalf of a minor and such minor’s heirs, executors, personal representatives, administrators, successors and assigns (hereinafter referred to collectively as “Participant”), for and in consideration of the opportunities and enjoyment provided by BARRINGTON HILLS POLO CLUB, INC., FOX-CREEK STABLES and OAKWOOD FARMS OF BARRINGTON, LLC (hereinafter referred to collectively as “Club”), including the permission to be on the grounds of the Club, and being permitted to participate in any and all polo or equestrian activities while at the Club or elsewhere, being permitted to be a spectator, polo player, polo trainer, polo owner, polo attendant, polo referee, umpire, judge or being a participant in any other equestrian or equestrian-related activity including polo games, showing horses, boarding and caring for horses, taking lessons, jumping, walking or riding (hereinafter referred to collectively as “Activities”; all of the foregoing Activities by way of example and not by way of limitation), the receipt and sufficiency whereof is all hereby acknowledged, do hereby freely and voluntarily agree and consent to the following:
Certification of Review of Release: By signing this Release, the undersigned Participant acknowledges he/she has read this Release and has asked any questions he may have and that by signing this Release he is certifying that he understands and agrees to the terms and conditions of this Release.
Release and Waiver from Liability: In consideration of being permitted to join the Club, or otherwise participate in Activities, and in further consideration of being permitted to participate in any capacity in Activities while at the Club, as set forth above, Participant, by execution of this Release, does hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Club, all members of the Club, its members, owners, lessees, lessors, officers, employees, directors, volunteers, the owners, lessors, and lessees of horses participating in the Activities (whether ridden by Participant or third parties), and the owners, lessors, lessees, or other contract possessors of the real estate where Participant is engaging in, observing, or for any other reason in the vicinity of horses (hereinafter collectively referred to as “Releasees”) and all owners, lessees, lessors, officers, employees, directors and volunteers of the various entities comprising the Club and all owners, lessors and lessees of horses participating in the Activities including, but not limited to, owners, lessors or lessees of horses Participant may ride, (hereinafter collectively referred to as “Releasees”), for any and all damage, liability and claims of every nature, whether in tort, contract or by statute, including, but not limited to, any claim for personal injury, death, or injury to or loss of personal property, whether arising from the Activities, or from, but not limited to, control or supervision of spectators, providing or failing to provide ambulance service, medical care, nursing care, paramedic care, basic life support care, emergency trauma care, advanced life support care, first aid, emergency communication, emergency transportation, or design, maintenance or repair of any facility or anything or any other act caused by Releasees or otherwise while Participant is in or upon the premises of the Club or elsewhere. All personal property kept, placed or left on or about the premises shall be Participant's sole risk as to loss, theft, injury or damage and Releasees shall have no responsibility for such loss, theft or damage to any such personal property.
Acknowledgment and Assumption of Risks: Participant hereby acknowledges that he has full and complete notice and is aware that many injuries, including property damage, personal injury, severe bodily injury or even death (hereinafter referred to collectively as “Injuries”; all of the foregoing Injuries by way of example and not by way of limitation), can occur (and have occurred) when participating in the Activities, which Injuries may even be caused by other riders or their horses, even though there is no wrongful or negligent conduct on anyone’s part. Participant is also aware that the Activities, in general, are inherently dangerous, regardless of all feasible safety measures that can be taken, and of the numerous risks involved in the Activities, which may result in Injuries to Participant, including, but not limited to: (i) the propensity of an equine (which includes a horse, pony, mule, donkey or hinny, hereinafter collectively referred to as “Equine”) to behave in dangerous ways, irrespective of such Equine’s previous behavior or characteristics, that may result in Injuries to Participant, (ii) the inability to predict or foresee an Equine's reaction to sound, movements, weather, objects, persons, or animals and the effects of such reactions, (iii) the hazards of surface or subsurface conditions, including, but not limited to, objects or conditions on, or under, or protruding from the surface, both latent and patent, (iv) the actions of other riders, polo players, or participants, including the potential of another rider, polo player or participant to act in a negligent manner that may result in or contribute to Injuries to Participant, such as but not limited to, a rider, polo player or participant failing to maintain control of the Equine or failing to act within his ability, and (v) potential collisions with other Equines, participants or objects, all of which may cause Participant Injuries. Participant also understands that equipment may become faulty or break, causing Injuries. Although Participant fully understands the foregoing, Participant nevertheless freely, voluntarily and gladly assumes all risks, dangers and hazards of the Activities even though the Activities may result in Injuries.
Range of Ability: Participant understands that he assumes sole individual responsibility for knowing the range of his own ability to ride Equines, play polo, manage, care for, and control a particular Equine, perform a particular Equine activity, act within the limits of his own ability, maintain reasonable control of the particular Equine at all times while participating in the Activities, heed all posted warnings, perform Activities only in the appropriate, designated areas or facilities, and refrain from acting in a manner that may cause or contribute to the Injuries of anyone. Participant also acknowledges that each of the Releasees has made a reasonable and prudent effort to determine Participant’s ability to (a) engage safely in the Activities and (b) to manage safely the particular Equine based on the representations Participant has made to the Releasees of his ability.
Authorization for Medical Treatment: Participant hereby authorizes any emergency medical care that may at the time appear reasonably appropriate under the circumstances as a result of Injuries caused to or incurred by Participant while participating in the Activities. Participant further warrants he has appropriate insurance or, in its absence, agrees to pay all costs for medical care that may be incurred on Participant’s behalf.
Hold Harmless: Participant hereby agrees to INDEMNIFY, REIMBURSE, SAVE AND HOLD HARMLESS the Releasees from any loss, liability, damage, cost or expense, including reasonable attorney's fees, the Releasees may incur relating to Participant's presence, the presence of Participant's employees, agents or invitees in or upon the Club or elsewhere of Releasees or the defense of any action brought by Participant against the Releasees arising from the Activities.
Damage and Cost of Enforcement: Participant hereby agrees to be responsible for all damage caused by him, his Equine, or anyone utilizing the premises with the consent of or at Participant's request. Participant further agrees to be liable for all of the Releasees’ reasonable attorney's fees and other costs resulting from Participant's breach of any provision of this Release. Participant further expressly agrees that the foregoing release, waiver and indemnity provisions are intended to be as broad and inclusive as is permitted by law.
Liability Limitation: Participant agrees that any and all claims and/or causes of action for personal injury, death, or injury to or loss of personal property by Participant must be brought within one (1) year of the date accrued and any claim for personal injury or loss is limited to $500.00 (Five Hundred Dollars).
Choice of Law and Venue: Participant agrees that this Release shall be governed by and construed in accordance with the laws of the State of Illinois, including the Equine Activity Liability Act, 745 ILCS 47/1 et seq. In the event any action, suit or proceeding is instituted as a result of any matter or thing affecting this Release, the parties hereto hereby agree to designate the courts of Cook County, Lake County or McHenry County in the State of Illinois, or the U.S. District Court for the Northern District of Illinois as the jurisdictions and the venues in which the same may be instituted. The parties hereto hereby accept the exclusive jurisdiction of those courts for the purpose of any such suit, action or proceeding. Venue for any such action, in addition to any other venue permitted by statute, will be Cook County, Lake County or McHenry County in the State of Illinois. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to venue of any suit, action or proceeding arising out of or relating to this Release or any judgment entered by any court in respect thereof brought in Cook County, Lake County or McHenry County in the State of Illinois, and hereby further irrevocably waive any claim that any such suit, action or proceeding brought in any such forum has been brought in an inconvenient forum. The parties hereby mutually waive any and all rights which any party may have to request a jury trial in any proceeding at law or in equity in any court of competent jurisdiction.
Miscellaneous: Whenever the singular is used in this Release and when required by the context, the same shall include the plural and vice-versa. Whenever, the masculine gender is used in this Release and when required by the context, the same shall include the feminine and neuter genders. Wherever possible, each provision of this Release shall be interpreted in a manner so as to be effective and valid under applicable law but, if any provision of this Release shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of the provision or the remaining provisions of this Release. If any part of any covenant or other provision in this Release is determined by a court of law to be overly broad thereby making the covenant unenforceable, the parties hereto agree, and it is their desire, that the court shall substitute a judicially enforceable limitation in its place, and that as so modified the covenant shall be binding upon the parties as if originally set forth herein.
UNDER THE EQUINE ACTIVITY LIABILITY ACT, 745 ILCS 47/1 et seq., EACH PARTICIPANT WHO ENGAGES IN AN EQUINE ACTIVITY EXPRESSLY ASSUMES THE RISKS OF ENGAGING IN AND LEGAL RESPONSIBILITY FOR INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY RESULTING FROM THE RISK OF EQUINE ACTIVITIES.
THIS RELEASE SHALL REMAIN VALID AND ENFORCEABLE UNTIL EXPRESSLY REVOKED, IN WRITING, BY THE PARTICIPANT OR, IF A MINOR, THE PARENT OR GUARDIAN.
THIS RELEASE CAUSES YOU TO GIVE UP, WAIVE AND SURRENDER IMPORTANT LEGAL RIGHTS AND TO ASSUME CERTAIN OBLIGATIONS. YOU MAY WISH TO CONSULT AN ATTORNEY PRIOR TO SIGNING IT.
Having read the foregoing, the undersigned acknowledges his understanding of those risks set forth herein and knowingly agrees to accept full responsibility for Participant's exposure to such risks. The undersigned further acknowledges a full and complete understanding of the limitations of liabilities and of the waiver of certain rights that Participant may have by the granting of the releases contained herein and knowingly consents thereto. The undersigned further acknowledges, if signing as parent or guardian on behalf of a minor Participant, that he has full and complete authority to execute this Release on such minor Participant’s behalf and that both the undersigned and the minor Participant shall be bound by the terms and conditions hereof.