2024
RELEASE AND WAIVER OF LIABILITY
WR SPORT HORSE INC , DBA SUNSET POLO
Operator is hereby defined as WR SPORT HORSE INC DBA SUNSET POLO under a trademark license from Great Meadow Foundation, and their employees, directors, officers, trustees, agents and/or independent contractors ("WRSH" or the "Operator" herein). WRSH is an entity formed under the laws of Virginia, that leases and/or operates equestrian facilities hereby defined as the land and all equine-related improvements located at 5089 Old Tavern Road, The Plains, Virginia (the “facility”), and its members, officers, directors, employees, agents, and/or independent contractors.
Landowner is defined herein as the Great Meadow Foundation and their employees, directors, officers, trustees, agents and/or independent contractors. Landowner is the owner/lessor of the facilities. Landowner shall also include the owner(s)/lessor(s) of any polo field and/or arena where Operator may hold a polo match/game, polo school, training classes or other equine activity.
Equine activities is hereby defined to include, but is not limited to: (i) equine shows, polo school, renting horses, practices, lessons, pleasure riding, or performances of any kind (including any pony club activity), whether in an arena or in the fields; and (ii) polo, which is defined to include participating in the game of polo, playing polo matches or practices, stick and balling, being a spectator, a polo player or student, polo trainer or teacher, polo attendant or groom, polo referee, umpire or judge.
Participant means any person, whether junior, amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
INSPECTION OF FACILITIES
Participant or participant's parent or legal guardian agrees to inspect the facilities for suitability and safety, and if he/she believes anything is unsafe, he/she will immediately advise Operator’s representative of such conditions and refuse to participate or allow the minor child to participate.
PARTICIPANT'S FITNESS
Participant or participant’s parent or legal guardian verifies that he/she or the minor child is in good health and that he/she or the minor child has no physical limitations that would preclude safe participation in Equine Activities.
ASSUMPTION OF RISKS
Participant or participant’s parent or legal guardian or representative hereby acknowledges the intrinsic dangers of equine activities and the hazards and risks inherent in equine activities, including but not limited to (1) the propensity of an equine to behave in dangerous ways which may result in injury or death to participant, (2) the inability to predict any equine’s reaction to sound, movements, objects, persons, or animals, (3) hazards of surface or subsurface conditions, (4) hazards created by objects such as mallets, polo balls, loose leg wraps, , jumps or games equipment, (5) the conduct of other players or participants, (6) ride-offs, (7) collisions between mounts, (8) collisions with a wall. These and other risks can result in serious injury or even death. Participant or participant’s parent or legal guardian or representative hereby specifically assumes these and all risks, and the risk of acts or omissions that constitute negligence for the safety of the participant by Operator or Landowner, whether or not related to the preceding enumerated inherent risks.
Participant or participant’s parent or legal guardian or representative understands that polo helmets (available with face-guards) that have been safety rated can be purchased and that, for purposes of engaging in polo activities, such helmets are likely to be safer than typical riding helmets.
Understand that it is required that all riders on the facility wear a protective helmet with properly adjusted chin strap and other protective gear as required by the governing authority of the equestrian sport in which I am engaging, included but not limited to the united states polo association, the united states equestrian federation, and any organization regulating the equestrian activities including pleasure riding
Acknowledge that horseback riding and other equestrian activities is an inherently dangerous activity and involves risk that may cause serious injury and in some cases death, because of the unpredictable nature and possible behavior of horses, regardless of their-or- their riders- training and pas performance.
Voluntarily assume the risk and danger of injury or death in the use of the horse ridden by me and/or my child on the property of Great Meadow Foundation and/or the activities of any groom or other employee or agent of me and/or my child
In the case of a Participant who plays polo, Participant or participant's parent or legal guardian or representative confirm by signing below that the Participant is a member of the USPA (United States Polo Association) and is a member of the polo club managed by the Operator and has paid the $10 membership fee
AGREEMENT FOR RELEASE AND TO HOLD HARMLESS
In consideration of the participant being permitted to engage in Equine Activities at the Facilities, the undersigned on behalf of his or herself and on behalf of participant and his or her heirs, next of kin, dependents, guardians, representatives, executors or administrators hereby does release, indemnify (including costs and attorney's fees) and hold harmless the Operator and the Landowner from any cause of action, claims, demands or liability of any nature whatsoever, which said participant, his or her representatives, guardians, heirs, next of kin, dependents, executors or administrators, may now have, or have in the future, against said Operator and Landowner, on account of death, personal injury, property damage, or accident of any kind arising out of the participant’s participation in, or observation of, Equine Activities.
Participant or participant’s parent or legal guardian or representative understands that by signing this Release and in consideration for the privilege to participate in Equine Activities at the Facilities, he/she covenants and agrees that he/she, as well as his/her heirs, next of kin, representatives, guardians, dependents, executors, administrators, successors and assigns, will never institute any suit at law or equity or legal action of any kind or nature or otherwise against Operator and Landowner or in any way aid in the institution or prosecution of any claims, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to his person, property, or the person or property of such minor child which may result from the participant’s attendance at and/or participation in Equine Activities.
THIS RELEASE SHALL REMAIN IN EFFECT UNTIL EXPRESSLY REVOKED IN WRITING BY THE PARTICIPANT OR PARENT OR GUARDIAN, WITH RECEIPT ACKNOWLEDGED BY THE OPERATOR'S REPRESENTATIVE.
Participant states that he/she is of lawful age and legally competent to sign this release which he/she has fully read, completely understands, and agrees with its terms. Participant understands the terms are contractual and not a mere recital and that he/she has signed this document of his /her own free will.
Participant or participant’s parent or legal guardian or representative understands that by signing this Release you give permission to the Operator to use pictures taken during participation in the game of polo, playing polo matches or practices, stick and balling, or polo lessons for advertising and social media posts.
LIABILITY ACTIONS PROHIBITED
Pursuant to Virginia Code §3.2-6202 no participant nor any participant’s parent, guardian, or representative shall have or make any claim against or recover from any Equine Activity sponsor, equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the intrinsic dangers of equine activities. No participant or parent or guardian of a participant knowingly executing a waiver of rights to sue or agreeing to assume all risks may maintain an action against or recover from an Equine Activity sponsor or an equine professional for an injury to or the death of a participant engaged in an Equine Activity.