Emergency Evacuations

1. Premises and Terms: Operator hereby grants to the Horse Owner, and the Owner hereby uses from the Operator and the following described property:
2. Exculpation and Indemnification Clause: Owner acknowledges and agrees that Horse Owner in using the Premises as an evacuation center and Lessee hereby releases Operator and the City of Jacksonville from any and all liability on account of injury or damage to person or property, including but not limited to any mental anguish or emotional distress, incurred by Lessee while on the Premises. Horse Owner agrees that it will indemnify, hold and save the City of Jacksonville and Operator, their officers, agents, contractors and employees whole and harmless and at Operators option defend same, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments of any nature recovered from or asserted against Operator on account of injury or damage to person or property to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act, omission, negligence or misconduct on the part of the Horse Owner or any agents, servants employees, contractors, patrons, guests, Horse Owners or invitee or of any other person entering upon the Premises leased hereunder with the express or implied invitation or permission of Horse Owner, or when any such injury or damage is the result, proximate or remote, of the violation by Horse Owner or any of its agents, servants, employees, contractors, patrons, guests, Lessees or invitee of any law, ordinance or governmental order of any kind, or when any such injury or damage may in any other way arise, from or out of the occupancy or use by Horse Owner, its agents, servants, employees, contractors, patrons, guests, Owners or invitees of the Premises leased hereunder.  Horse Owner covenants and agrees that in case Operator or City shall be made parties to any litigation commenced by any party other than Horse Owner relating to this Lease or to the Premises leased hereunder, then Horse Owner shall and will pay all costs and expenses, including reasonable attorney's fees and court costs, incurred by or imposed upon Operator or City by virtue of any such litigation.  These terms of indemnification shall be effective unless such damage or injury may result from the sole negligence or willful misconduct of Operator.
3. 3. Emergency evacuation stalls are offered at cost, with fees intended only to offset the Jacksonville Equestrian Center's expenses associated with providing and restoring the stalls following an evacuation.  No one should remain in an unsafe area because they cannot afford emergency stabling. If the standard evacuation fee creates a financial hardship, please contact us. JEC will make every reasonable effort to accommodate those in need, including alternative arrangements such as volunteer assistance with stall cleaning. Each stall includes two bags of shavings. Additional shavings are available at $9.00 per bag, plus tax. RV spaces with 30 amp and 50 amp service are available at $55 per night, plus applicable taxes and fees.
4. Ordinances and Regulations: Horse Owner shall comply with all applicable laws, statutes and ordinances and all rules and requirements of the City of Jacksonville. Horse Owner must have and show a current negative coggins for each horse for entry onto the facility.
5. Responsibility for Damage: If the equipment used or any portion thereof shall be destroyed, damaged, marred, altered or physically changed during the term in any manner whatsoever, the Horse Owner shall be responsible.
6. Facility Managers Discretion: Any matter not expressly provided for herein shall be within reasonable discretion of the Facility Manager.
7. Legal Proceedings: All legal proceedings arising from this agreement shall be in the courts situated in the City of Jacksonville, Florida.
8. Force Majeure: If the facility is damaged from any cause whatsoever or if any other casualty or unforeseeable cause beyond the control of Operator (NFES), including without limitation, acts of God, fires, floods, epidemics, quarantine restrictions, strikes, failure of public utilities, or unusually severe weather, prevents occupancy and use, or either, as granted in this Agreement, NFES is hereby released by Horse Owner from any damages so caused thereby. NFES has the right to call for complete facility evacuation due to the unpredictable weather/storm/fire conditions in the area.

WARNING
Under Florida 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 inherent risk of equine activities. 773-05  Limitation on liability of persons making land available to the public for recreational purposes. Nothing in ss773-01-773-05 shall be construed to limit in any way the limitation of liability granted to private citizens who allow the public to use their land for recreational purposes as provided in ss375-251.

NOTE:  The Jacksonville Equestrian Center IS NOT a Federal Evacuation Site!  Stalls are provided as a courtesy to Horse Owners. The stalls are not rated for winds over 110 mph. Our facility is a City of Jacksonville Emergency staging area and the facility will NOT be open and must be evacuated if the City declares an emergency. Owners will be responsible for the care and feeding of their horses.  JEC Staff will not be available for horse care.