DFW Polo Association Release

RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT

READ CAREFULLY AS THIS AGREEMENT LIMITS YOUR LEGAL RIGHTS AND WARNS YOU OF THE MANY DANGERS WHILE RIDING/HANDLING HORSES.  The undersigned on behalf of themselves, their representatives, assigns, executors, heirs and, if applicable, on behalf of their minor child or children (collectively "Rider"), hereby agrees as follows:

Release of Liability and Hold Harmless

1. Rider, in consideration for riding/handling a horse hereby fully and forever releases, waives and discharges DFW Polo Association and its employees, owners, instructors, trainers, managers, agents, grooms, representatives and assigns (collectively "DFW Polo") and the owner/lessor/lessee of the horse being ridden (collectively "Owner") and all other persons, firms, associations and each of them who are or might be liable in any way (collectively DFW Polo and Owner, referred to as "Releasees") from any and all claims, demands, actions, or causes of action of any kind, which Rider may or might have against Releasees or any of them, arising from or by reason of any and all known and unknown, foreseen or unforeseen bodily and personal injuries, damage to property, injury to horse and any consequences thereof, which Rider may sustain due to the negligence of the Releasees.

    

2. Rider further agrees that, except for the gross negligence or willful misconduct of the Releasees, Rider shall not bring any claim, demand, legal action against and/or sue the Releasees for any economic and non-economic losses due to bodily injury, death, property damage and/or injury to any horse or property in relation to the Premises utilized by DFW Polo,  including, but not limited to:  Mayer Ranch Polo Club LLC, The Polo Club at SMU, Lakeshore Polo Club LLC, Willow Bend Polo Club LLC, Prestonwood Polo Club LLC, Santa Anita Polo Club and Mokarow Farms LLC, located in the Little Elm, Cross Roads, Oak Pointe, and Aubrey Texas area (the “Premises”) and the operations and conduct of Releasees.

   Hold Harmless – Indemnification

3. RIDER HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSS, DAMAGES, DEMANDS, ACTIONS, CAUSES OF ACTION, INCLUDING ATTORNEYS’ FEES, COSTS, AND EXPENSES OF ANY KIND (COLLECTIVELY, “CLAIMS”), WHICH MAY BE MADE AGAINST RELEASEES, INCLUDING THOSE WHICH ARISE IN WHOLE OR IN PART OUT OF THE NEGLIGENCE OF THE RELEASEES.  RIDER AGREES TO IMMEDIATELY DEFEND RELEASEES REGARDLESS OF RELEASEES’ NEGLIGENCE, EVEN IF SUCH CLAIMS ARISE IN WHOLE OR IN PART OUT OF RELEASEES’ NEGLIGENCE.

   Assumption of Risk & Waiver – 

   Texas Equine Activities Warning & COVID-19/Infections Diseases

1. UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.

    

2. UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AN AGRITOURISM ACTIVITY.  I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.

    

3. RIDER HEREBY ACKNOWLEDGES AND ASSUMES THE RISK THAT HORSES AND RIDING, INCLUDING PLAYING POLO, ARE VERY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE.  Rider also expressly acknowledges that injuries received may be compounded or increased by negligent maintenance of the Premises, negligent care of horses, faulty or improperly secured equipment, improper instruction and supervision, Acts of God, and negligent rescue operations or procedures of the Releasees, negligent handling of horses and independent operations by trainers, riders and/or boarders who use the Premises or others who are not affiliated with Releasees. 

    

4. RIDER EXPRESSLY ACKNOWLEDGES THAT HORSEBACK RIDING IS A DANGEROUS ACTIVITY AND INVOLVES INHERENT RISKS that may cause serious injury and in some cases, DEATH BECAUSE OF THE UNPREDICTABLE NATURE AND IRRATIONAL BEHAVIOR OF HORSES, REGARDLESS OF THEIR TRAINING AND PAST PERFORMANCE. Rider acknowledges that a horse or pony, without warning or any apparent cause, can buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person's foot, or push a person, saddles or bridles  or other tack may loosen or break - all of which may cause the rider or observer to fall or be jolted, resulting in serious injury or death.  Rider acknowledges that Releasees cannot guarantee that a horse ridden by Rider will be suitable at ALL times as Rider acknowledges any horse no matter what age and no matter what training it has received can still be unpredictable and can cause injury.  Riders in the past may have fallen, been thrown or injured by a horse now provided to Rider or who is being ridden at the same time as Rider.  Rider also acknowledges certain dangerous conditions on the Premises may cause risk, including but not limited to sprinkler valves and water spigots/faucets and covers at the ends of the polo field, culverts, septic tank covers on the Premises.

    

5. RIDER EXPRESSLY ACKOWLEDGES THAT RIDER HAS REVIEWED AND INITIALED THE USPA CODE OF CONDUCT AND DFW POLO RULES ATTACHED HERETO AND RIDER SHALL ABIDE BY ALL USPA RULES GOVERNING THE PLAY OF POLO, INCLUDING UTILIZING ONLY APPROVED USPA HELMETS. 

    

6. DFW Polo takes the coronavirus/COVID-19 pandemic very seriously and has put in place preventative measures to help reduce the spread of COVID-19 pursuant to federal, state, and local ordinances and guidelines.  However, even with these preventative measures, DFW Polo cannot guarantee that Rider will not be exposed to and/or infected with COVID-19 or other contagious infections disease(s).  It is possible that Rider’s attendance or participation in any activity at DFW Polo may place Rider in close physical contact with others such as participants, trainers, grooms, staff, vendors, and other persons on the Premises, all of which could increase the risk of Rider contracting or being exposed to COVID-19.  By signing this Release, Rider acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that s/he may be exposed to or infected by COVID-19 while on the Premises, and that such exposure or infection could result in personal injury, illness, sickness, disease, permanent disability, and death.Rider understands  the risk of becoming exposed to or infected by COVID-19 while on the Premises may result from the actions, omissions, or negligence of Rider or others, including, but not limited to, Releasees, participants, trainers, attendees, grooms, vendors, invitees and others who enter the Premises.

   Terms of Agreement

1. This agreement shall be governed by the laws of the State of Texas and will be enforced and interpreted pursuant to such laws.  Rider agrees that this agreement extends to all acts of ordinary negligence of Releasees and is intended to be as broad and inclusive as is permitted by the laws of the State of Texas.  

    

2. If any portion of this agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect.  Rider agrees that this contains all appropriate warnings and no oral representations or statements made by Releasees will modify or invalidate any portion of this agreement and Rider as such does not rely on any oral representations or statements made that are contrary or modify the above warnings and waiver.

   USPA Code of Conduct

1. Always respect the game and all USPA rules and tournament conditions.
2. Always respect your teammates, opponents, officials and fellow Members.
3. Always demonstrate good sportsmanship.
4. Always respect the Member Clubs and the Member Club facilities.

1. Always compete without the use of drugs or alcohol.
2. Always compete to win.
3. Always demonstrate respect and good citizenship towards Association Members in all Association-related communications, including, but not limited to, discourse at Association meetings.
4. Always adhere to and comport yourself in accordance with the USPA and DFWPA Articles of Incorporation, By-laws, Constitution, Rules, Terms and Conditions of Membership Application, Code of Conduct, Tournament Conditions, and other policies of the Association, as is in effect from time to time.
5. Always act in a manner that is in the best interests of the USPA, DFWPA and the sport of polo. An individual member shall be deemed to have not acted in the best interests of the DFWPA and the sport of polo where such Individual Member:

    

   1. Acts, or incites any other to act, in a manner contrary to the DFWPA’s Articles of Incorporation, By-laws, Constitution, Rules, Terms and Conditions of Membership Application, Tournament Conditions or this Code of Conduct;
   2. Acts, or incites any other to act, in a manner deemed to be improper, unethical, dishonest, unsportsmanship-like, intemperate, or prejudicial to the best interests of the sport, the USPA or the DFWPA;
   3. Publishes, or incites any other to publish, in social media or elsewhere, statements, comments, oral remarks considered to be offensive or made with the intent to influence or cast aspersions on the character or integrity of the DFWPA, an Individual Member, a Member Club, or an official of the sport; or
   4. Discloses, or incites any other to disclose, confidential internal Association business or information to a third party not otherwise privy to such business or information.

    

   Discrimination

   THE DFW POLO ASSOCIATION SPECIFICALLY PROHIBITS DISCRIMINATION BASED ON SEX, RACE, RELIGION, AGE, DISABILITIES, SEXUAL ORIENTATION, GENDER IDENTITY OR NATIONAL ORIGIN. If this happens report it immediately to a board member or the disciplinary committee.

   
   Improper Behavior

   Improper behavior ON and OFF the field will not be tolerated. If this happens report it immediately to a board member or the disciplinary committee.

    

   Property

   • All dogs will be kept on leashes, as appropriate, with repeated offenses being subject to fine; 
   • Treat our leased fields with respect;
   • Do not dump manure from your trailer on the property;
   • Pickup your trash and tail/wrap tape prior to departing;
   • If your horse digs a hole, please level;
   • Green fees do not cover using properties for other activities other than DFWPA Events. If you desire to participate in other activities on the facilities coordinate with the facility owner.

   
   Volunteer Culture

   • Players help with the Club;
   • Flagging if needed;
   • Stomping divots(especially at tournaments).

   Personal

   • Safety first;
   • Treat each other on and off the field with respect;
   • No cursing;
   • No arguing/fighting during game or on property;
   • No arguing/confrontational behavior with the umpires;
   • Each team may be responsible for providing 1 or 2 umpire horses per game if required;
   • Each team may be responsible to provide a 3^rd man if required.
     
     

   Late/Fail to Show

   • If you are late one time, you will be warned; the second time you are late you will be charged a late fee of $50; subsequent delays will be referred to the disciplinary committee for a decision;
   • If you fail to show without valid notice you will be warned; the second time that you fail to show you will be fined $100; subsequent failures to show will be referred to the disciplinary committee for a decision. 

   Dangerous Play

   • If you participate in dangerous play the club manager will warn you; a second warning by the club manager will result in you not being able to participate in the next tournament. A subsequent incident will have you referred to the disciplinary committee for a decision.
      
     Horses
   • Abuse of horses on and off the field will not be tolerated.
   • If your horse does not meet the horse conditioning standards of the USPA Polo Pony Welfare Guidelines, as outlined on pg 10 (can be found at: https://www.uspolo.org/assets/docs/Equine-Welfare-Guidelines.pdf), as determined by the club management the horse will not be allowed to play until it meets established standards.
   • Horses that are out of control, not controlled by their riders, or under extreme physical stress will be asked to leave play.
      
     Alcohol
   • Personal use of alcohol is permitted; however, members are responsible for the proper use in accordance with local, state and federal laws.
   • Per annual USPA Rules the consumption of alcohol prior to or during participating in a practice, clinic, tournament, etc. is not allowed and players suspected of consuming alcohol will not be allowed to participate in riding events.

RIDER HAS READ THE USPA CODE OF CONDUCT. RIDER HAS READ THIS AGREEMENT AND UNDERSTANDS THE WARNINGS, ASSUMPTION OF RISK, INDEMNITY OBLIGATIONS, AND RELEASE OF LIABILITY CONTAINED HEREIN AND AGREES TO THE SAME AS SET FORTH ABOVE ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, EXECUTORS, REPRESENTATIVES AND WHERE APPLICABLE, MY MINOR CHILD OR CHILDREN AND THEIR HEIRS, ASSIGNS, EXECUTORS OR REPRESENTATIVES.