Cloverland ATL

Waiver


CLOVERLAND ATL

HORSEBACK RIDING LIABILITY WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND ARBITRATION AGREEMENT

LCS Capital Group Inc. (DBA Cloverland ATL)

 

IMPORTANT – READ CAREFULLY

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

BY SIGNING, YOU ARE RELEASING CLAIMS AND WAIVING YOUR RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A JURY TRIAL.

1. PARTIES

This Agreement is entered into between the undersigned Participant (or Parent/Guardian of a minor) and LCS Capital Group Inc., doing business as Cloverland ATL, including its owners, officers, directors, employees, guides, instructors, volunteers, independent contractors, landowners, affiliates, insurers, and agents (collectively, the “Released Parties”).

2. ASSUMPTION OF RISK — AUTHENTIC WOODED TRAIL CONDITIONS

I understand that horseback riding and equine activities involve inherent, obvious, and unavoidable risks.

I understand that this activity takes place on an authentic, natural, wooded trail environment and not on a controlled arena or groomed surface.

I acknowledge and understand that I may encounter, without warning:

• Low-hanging or overhanging tree branches

• Brush, shrubs, vines, and natural vegetation

• Insects, including bees, wasps, mosquitoes, and wildlife

• Mud, loose dirt, sand, rocks, roots, holes, ruts, and uneven terrain

• Fallen limbs, natural debris, or obstacles

• Sudden changes in elevation, slopes, inclines, or declines

• Weather-related conditions, including slippery or unstable surfaces

• Limited visibility due to natural surroundings

I understand that the wooded trail is intentionally maintained in a natural condition and is not landscaped, padded, cleared of all natural hazards, or designed to eliminate inherent outdoor risks.

I acknowledge that natural terrain conditions may be open and obvious, and I accept responsibility for maintaining awareness of my surroundings.

I understand horses are powerful animals that may react unpredictably, including but not limited to bucking, bolting, rearing, kicking, biting, or spooking.

I understand risks may arise from the actions, inactions, or negligence of other participants.

I understand that staff may not be in immediate physical proximity during portions of the trail ride and that I am responsible for maintaining control of my horse at all times.

I voluntarily and knowingly assume ALL RISKS, WHETHER KNOWN OR UNKNOWN, INHERENT OR OTHERWISE, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

Participant Initials:  

3. RELEASE OF LIABILITY AND COVENANT NOT TO SUE

In consideration for being permitted to participate, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR OTHER LOSS ARISING OUT OF OR RELATED TO MY PARTICIPATION.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS BASED ON THE ALLEGED ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO:

• Premises liability

• Negligent supervision

• Negligent instruction

• Negligent hiring or retention

• Negligent matching of horse and rider

• Negligent maintenance or inspection

• Failure to warn

• Equipment or tack issues

I UNDERSTAND THAT I AM RELEASING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

This Release does NOT apply to gross negligence or intentional misconduct under Georgia law.

This Release is binding upon me, my heirs, estate, family members, personal representatives, and assigns.

Participant Initials:  

 

4. GEORGIA EQUINE ACT NOTICE

UNDER GEORGIA LAW, AN EQUINE ACTIVITY 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 PURSUANT TO CHAPTER 12 OF TITLE 4 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED.

I acknowledge that required statutory signage has been posted and made available to me.

Participant Initials:  

 

5. PARTICIPANT REPRESENTATIONS AND SAFETY COMPLIANCE

I represent and warrant that:

• I am physically and mentally capable of participation.

• I am not under the influence of drugs or alcohol.

• I have accurately disclosed my riding experience and weight.

• I will follow all safety instructions and staff directives.

• Helmets are available upon request and strongly recommended.

• I understand helmets reduce but do not eliminate risk.

• The Released Parties do not provide medical insurance coverage.

• I accept full financial responsibility for any medical expenses incurred.

I am not relying on any oral statements, promises, or representations not contained in this written Agreement.

Staff may refuse or terminate participation at their sole discretion for safety reasons, including weight limits, unsafe conduct, or failure to follow instructions.

Participant Initials:  

 

6. RESERVATION, REFUND, AND NO-SHOW POLICY

Cloverland ATL operates on a strict time-specific reservation system.

• Full refund only within 48 hours of booking timestamp.

• This is not 48 hours before the scheduled activity.

• Activities scheduled within 48 hours of booking are immediately non-refundable.

• Late arrival, no-show, refusal to ride, same-day cancellation, or removal for safety results in forfeiture of all fees paid.

I agree this policy is reasonable and enforceable.

Participant Initials:  

 

7. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from any claims, including attorney’s fees and litigation expenses, arising from:

• My participation

• My conduct

• Claims brought on my behalf

Participant Initials: _______

8. CHARGEBACK WAIVER

I agree not to initiate a credit card chargeback or payment dispute in violation of this Agreement.

I authorize this signed Agreement and reservation records to be used in contesting any dispute.

Participant Initials:  

 

9. BINDING ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER

ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PARTICIPATION SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION IN FAYETTE COUNTY, GEORGIA PURSUANT TO THE FEDERAL ARBITRATION ACT.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The parties agree arbitration is the sole and exclusive remedy.

Each party shall bear its own attorney’s fees unless otherwise required by law.

Claims must be brought individually and not as part of a class or collective action.

The arbitrator shall have no authority to award punitive or exemplary damages.

If any portion of this arbitration provision is deemed unenforceable, the remainder shall remain in effect.

I UNDERSTAND I AM WAIVING MY RIGHT TO A JURY TRIAL.

Participant Initials:  

 

10. LIMITATION OF DAMAGES

To the fullest extent permitted by law, the total aggregate liability of the Released Parties shall not exceed the amount paid for participation, regardless of the legal theory asserted.

Consequential, punitive, and exemplary damages are waived.

Participant Initials:  

 

11. LIMITATION PERIOD

Any claim must be brought within one (1) year from the date of the incident.

Participant Initials:  

 

12. GOVERNING LAW AND VENUE

This Agreement is governed by the laws of the State of Georgia.

Arbitration and any permitted court proceedings shall occur exclusively in Fayette County, Georgia.

Participant Initials:  

 

13. PHOTO AND VIDEO RELEASE

I grant permission for photographs or video taken during participation to be used for promotional purposes without compensation.

Participant Initials:  

 

14. SEVERABILITY; ENTIRE AGREEMENT; SURVIVAL

If any provision is deemed unenforceable, the remainder remains in effect.

This is the entire Agreement and supersedes all prior discussions.

Provisions relating to release, arbitration, limitation of damages, limitation period, and indemnification survive completion of the activity.

Electronic signatures are legally binding.

Participant Initials:  

 

15. MINOR PARTICIPANTS

If the Participant is under 18:

I certify I am the parent or legal guardian.

I understand that I am signing both individually and on behalf of the minor and that this Agreement is binding upon me personally.

I assume all risks on behalf of the minor.

On behalf of myself and the minor, I release and waive all claims, including claims based on alleged ordinary negligence.

I release any individual claims I may have for medical expenses.

I agree to indemnify and defend the Released Parties from any claims brought on behalf of the minor.

I authorize emergency medical treatment and accept full financial responsibility.

Participant Initials:  

 

FINAL ACKNOWLEDGMENT

I HAVE READ THIS AGREEMENT IN ITS ENTIRETY.

I UNDERSTAND I AM RELEASING LEGAL RIGHTS.

I ACKNOWLEDGE THAT I HAVE HAD ADEQUATE OPPORTUNITY TO REVIEW THIS AGREEMENT AND CONSULT LEGAL COUNSEL IF I CHOSE TO DO SO.

I SIGN VOLUNTARILY AND WITHOUT COERCION.

Participant Name (Print):  

Participant Signature:  

Date:

If Participant is Under 18:

Parent/Guardian Name (Print):  

Parent/Guardian Signature:  

Date:


I AGREE

 

Date: 

Minor Listing

 

WEIGHT(S) OF RIDER(S):

Validate Information


If the person entering into this Agreement is under eighteen (18) years of age, his/her Parent or Guardian must read this Agreement and sign below on behalf of the minor. DATE January 26, 2025
SIGNATURE OF PARTICIPANT PARENT OR GUARDIAN OF MINOR PARTICIPANT


Electronic Consent

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary. I understand [ the purchaser ]  that by signing this document I have read and agree to all terms and conditions.
Consent

 

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Signature Certificate
Document name: Waiver
lock iconUnique Document ID: 28e22317bb525205ab214387b9904ca08c1c05aa
Timestamp Audit
January 26, 2025 2:04 pm ESTWaiver Uploaded by Candice Sanders - cloverlandranch@gmail.com IP 98.192.57.209
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