POLO / EQUINE 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 the Chicago Polo Association (hereinafter referred to as “CPA”), including the permission to be on the grounds of the Club, as defined below, 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:
The CPA shall coordinate polo and equestrian Activities at various facilities including, but not limited to:
Windridge Farm, LLC
440 Royce Road
Bolingbrook, IL 60440
Jennifer McMurtry, Taylor McMurtry, individually
Due West Polo Club
1111 Simons Road
Oswego, IL 60543
C. Yandel, Weldon Kissler, individually
Pineoak Partners, LLC (d.b.a Oak Brook Polo Club)
875 N. Michigan Ave.
Chicago, IL 60611 (Corp Address)
2606 York Road
Oak Brook, IL 60523 (Field Address)
Arranmore Farm and Polo Club, LLC
34 Rance Road
Oswego, IL 60143
John Greene, individually
Blackberry Polo Club/ Blackberry Land Co.
West Bliss Road, LLC
1S570 Bliss Road
Batavia, IL 60510
George and Barb Alexander, individually
Morgan Creek Polo Club, LLC
5280 Minkler Rd
Yorkville, IL 60560
Barrington Polo Club
23815 Milton Road
Wauconda, IL 60084
Las Brisas Farm & Polo Club, Las Brisas Polo LLC
9N655 Kendall Road
Elgin, IL 60124
Larry Aschebrook and Dr. Briseis Aschebrook Kilfoy individually
And any other facility utilized for a CPA event.
The CPA and the fore mentioned facilities, hereinafter referred to collectively as "Club".
CERTIFICATION OF REVIEW OF RELEASE
By signing this Release, the undersigned acknowledges he 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 participating in Activities, while at the Club, as set forth above, the Participant, by execution of this Release, does hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Club, all members of the Club and all owners, lessees, lessors, officers, employees, directors and volunteers of the various entities comprising the Club, all owners, lessors and lessees of horses participating in the Activities including, but not limited to, owners, lessors or lessees of horses the 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 the 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 the 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.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
The 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. The 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 the 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 the 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 the 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 the Participant Injuries. The Participant also understands that equipment may become faulty or break, causing Injuries. Although the Participant fully understands the foregoing, the 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
The 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. The Participant also acknowledges that each of the Releasees has made a reasonable and prudent effort to determine the Participant's ability to (a) engage safely in the Activities and (b) to manage safely the particular Equine based on the representations the Participant has made to the Releasees of his ability.
AUTHORIZATION OF MEDICAL TREATMENT
The 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. The Participant further warrants he has appropriate insurance or, in its absence, agrees to pay all costs for medical care that may be incurred on the Participant's behalf.
The 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 the Participant's presence, the presence of the Participant's employees, agents or invitees in or upon the Club or elsewhere of Releasees or the defense of any action brought by the Participant against the Releasees arising from the Activities.
DAMAGE AND COST OF ENFORCEMENT
The 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 the Participant's request. The Participant further agrees to be liable for all of the Releasees' reasonable attorney's fees and other costs resulting from the Participant's breach of any provision of this Release. The 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.
CHOICE OF LAWN AND VENUE
The 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, Kane County, Will County or Kendal 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, Kane County, Will County or Kendal 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, Kane County, Will County or Kendal 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.
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
COVID-19 AND OTHER COMMUNICABLE DISEASES
Health; Medical and Physical Condition. I represent and warrant that I am in appropriate and sufficient good health and medical and physical condition to participate in the polo and equestrian activities during 2021 in my capacity as a player, official, coach, groom, staff member or spectator, as the case may be, and that I have no medical problems or issues which would endanger me or others due to such participation.
COVID-19 and Other Communicable Diseases. I acknowledge that participating in the Activities will invariably place me in close proximity with other individuals and in contact with surfaces or areas that may have been handled, touched, or otherwise contacted by other individuals. Due to the nature of the Activities, as well as the participation of the other players, officials, coaches, grooms, staff members and spectators acknowledge that recommended social distancing may not be followed at all times during the Activities and that surfaces and other areas or items with which I may come in contact m ay not be free of viruses, pathogens or other contaminants. I acknowledge that cases of the disease known as COVID-19, caused by contraction of the novel coronavirus, have been confirmed throughout the United States and that the virus is highly contagious. By electing to participate in the Activities, I acknowledge and fully assume all risk that I may be exposed to and contract COVID-19 or any other communicable disease or illness, including as a result of actions or inactions by the CPA, Club employees or agents, other Participants or third parties.
Representations, Warranties and Covenants. I represent and warrant to the Club that during the past 14 days, I have not (i) experienced any symptoms of COVID-19, including without limitation, fever, cough, or shortness of breath, (ii) been in contact with anyone with a suspected or diagnosed case of COVID-19, (iii) visited an area subject to a CDC Level 3 Travel Health Notice, (iv) been exposed to any person who visited an area subject to a CDC Level 3 Travel Health Notice in the 14 days preceding the exposure, (v) been informed or otherwise been given reason to believe that I have or may have contracted COVID-19, nor (vi) been informed or otherwise been given reason to believe that I have or may have been exposed to the novel coronavirus. I hereby covenant and agree that if at any time the representations and warranties in this Release cease to be true, I will voluntarily refuse to (1) participate in any Activities, or (2) visit the Club.
Informed Consent. By electing to participate in the Activities at any time during 2021, I, individually and on behalf of my heirs, successors, representatives, assigns, and any other person acting on my behalf expressly agree to assume and accept all risk arising from or relating to the Activities, including without limitation, any injury (including, but not limited to, bodily injury, contraction of COVID
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 the 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 the 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.