Horse Adoption Agreement And Conditional Bill Of Sale (Page 4 of 4) in pdf

13. Assumption of the Risk of Equine Activity. Under Florida law, an equine sponsor or equine professional is not liable for an injury

to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities. The Adopter acknowledges

that the Adopter has been notified and hereby assumes all of the risks inherent in equine activity, including, but not limited to, any of

the following:

The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine;

The unpredictability of an equine's reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals;

Hazards, including, but not limited to, surface or subsurface conditions;

A collision with another equine, another animal, a person, or an object;

The potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the

person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or

failing to act within the ability of the participant.

The provisions of this paragraph shall survive the termination of this agreement.

14. Miscellaneous

All terms, conditions and obligations described within this Adoption Agreement shall be interpreted and governed by Florida

law.

If any dispute arises regarding the performance of this Agreement, the parties expressly agree that only those courts located

within Hillsborough County, Florida will have jurisdiction to determine such disputes, and each party hereby consents to such

jurisdiction.

The parties hereby waive any right to trial by jury in matters arising out of this Agreement. TROT AND ADOPTER HEREBY

SPECIFICALLY ACKNOWLEDGE THE AFORESAID RIGHT TO JURY TRIAL.

The individual signing on behalf of each of the parties hereby represents that said individual has the authority to sign on

behalf of and bind the respective party.

For purposes of this Agreement, and except as otherwise set forth in this Agreement, this Agreement shall be binding upon,

and inure to the benefit of, TROT and the Adopter, and the parties respective representatives, successors and permitted

assigns. For purposes of this Agreement, and except as otherwise set forth in this Agreement, TROT shall include, without

limitation, the individual signing on behalf of TROT and TROT’s employees, agents, representatives, owners, successors and

permitted assigns.

Adopter shall make all of its representatives, successors or assigns aware of the terms of this Agreement and shall agree to

be bound by the terms of this Agreement. Adopter shall be responsible for any breach of this Agreement by any of its

representatives, successors or assigns.

This Agreement supersedes and replaces any prior agreements between TROT and Adopter.

This Agreement may only be modified by written instrument executed by both parties.

This Agreement may not be assigned by Adopter without the prior written consent of TROT, which TROT may withhold in its

sole discretion.

This Agreement contains the entire agreement of the parties and any prior or concurrent and written or oral understandings

are deemed merged into this Agreement. There are no promises, agreements, representations or warranties other than

those contained herein or expressly incorporated by reference.

No delay, failure or waiver of either party’s express or partial exercise of any right or remedy under this Agreement shall

operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. The remedies set forth in this

Agreement are not exclusive. Election of one remedy shall not preclude the use of other remedies.

If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality or enforceability of the

remaining provisions shall in no way be affected or impaired hereby.

m) Adopter specifically acknowledges that this Agreement is a CONDITIONAL LIFETIME BILL OF SALE, and all requirements and

restrictions contained herein, including but not limited to TROT to regain ownership, care, custody and control of the

Adopted Horse, shall remain in effect regardless of change or purported changes in ownership or possession of the Adopted

Horse at a later date.

Adopter agrees that this Agreement shall at all times remain attached to the Adopted Horse’s registration papers when

available, or shall stand alone on its merits if such registration papers are not available.

Signatures to this instrument in counterparts are acceptable.

A copy, facsimile or electronic signature or affirmation by Email or other internet communication shall be binding and

enforceable.

Adoption Agreement and Conditional Bill of Sale

Page 4

Horse Adoption Agreement And Conditional Bill Of Sale Page 4

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