I agree to the following Release and Assumption of Risk Agreement with SMART With Heart, a Florida nonprofit corporation, as a condition of my participation as a volunteer. This agreement allows me to enter SMART With Heart’s premises, surrounding land, and other program locations; be near horses; assist with or participate in equine-assisted activities; work near or handle horses; use equipment; and work alongside staff, instructors, participants, and other volunteers. These activities may include, but are not limited to, assisting with riding, grooming, handling horses, and other program-related duties (collectively referred to as “The Activities”). IT IS HEREBY AGREED AS FOLLOWS: Voluntary Participation I have voluntarily requested to serve as a volunteer with SMART With Heart and to engage in any or all of The Activities, now and/or in the future. Assumption of Risk I understand that participation in The Activities involves inherent risks, including bodily injury, property damage, or death. I acknowledge that horses are unpredictable and that, despite all reasonable precautions, it is impossible to guarantee complete safety. I knowingly and voluntarily assume all risks associated with The Activities and understand that SMART With Heart is not required to list every possible risk. Waiver and Release of Liability In consideration of being permitted to volunteer with SMART With Heart, I voluntarily assume all risks of loss, damage, or personal injury, including death, that may occur as a result of entering the premises or participating in The Activities, whether on or off the premises. I hereby release and discharge SMART With Heart and its employees, directors, officers, instructors, assistants, volunteers, agents, and horse owners from any and all claims, demands, actions, damages, or causes of action, whether known or unknown, arising from my participation as a volunteer. Indemnification and Hold Harmless I agree to indemnify and hold harmless SMART With Heart and all affiliated persons or entities from any claims, damages, costs, or expenses (including attorney’s fees) arising from my actions or participation in The Activities, whether resulting from my own negligence or the negligence of SMART With Heart, its employees, volunteers, agents, instructors, third parties, or any combination thereof. Safety Equipment I understand that ASTM/SEI-approved protective headgear may be required for certain activities. I acknowledge that SMART With Heart cannot guarantee the suitability or protective effectiveness of any helmet or safety equipment provided. Health and Physical Condition I understand that SMART With Heart recommends that I consult a physician regarding my ability to safely participate as a volunteer. I acknowledge that certain volunteer duties may involve physical exertion and special risks. Legal Fees and Jurisdiction Should I breach this Agreement, I agree to be responsible for any attorney’s fees and court costs incurred by SMART With Heart as a result. Any disputes arising under this Agreement shall be resolved in a court of proper jurisdiction located in or nearest to Manatee County, Florida. I understand that this Agreement is intended to be legal, valid, and binding now and in the future whenever I am permitted to volunteer or engage in The Activities with SMART With Heart. WARNING: Under Florida law, an equine activity sponsor or equine professional is not liable for an injury to, or the death of, a participant or volunteer in equine activities resulting from the inherent risks of equine activities.

SMART with HEART recognizes the right of participants and their families to have privacy and control over any information about them that might be personal or sensitive. Those bound by the directives of this policy are all persons in any way connected with SMART with HEART, including but not limited to: full and part-time staff, volunteers, board members, temporary employees, independent contractors and instructors. Any persons violating these policies will be subject to penalties ranging from reprimand to alteration of job responsibilities to termination to legal action. Except as deemed necessary by the Board of Directors, information considered to be confidential includes all medical, familial, social, referral, personal and financial concerns regarding a rider and/or his/her family. Such information is considered confidential regardless of how it is obtained, whether directly from the rider or family, SMART with HEART staff, volunteers or others associated with SMART with HEART, or inadvertently from other sources such as, but not limited to, a chart, computer screen or overheard conversation. Consent to disclose information to outside individuals or agencies, including photographs and videotapes should be obtained in writing from the proper legal representative. For most children under the age of 18, this would be the parent or legal guardian. Adults age 18 and over with developmental disabilities are presumed competent to give consent unless they have specifically been found incompetent in a court of law. In such case, a substitute decision-maker would be assigned, and any consent must be obtained from the decision-maker.

At Smart with Heart, we require a Background Check for our Volunteers.

By submitting this application electronically, I acknowledge and agree that my electronic signature is the legal equivalent of my handwritten signature. I consent to the use of electronic records and electronic signatures in connection with my volunteer application and any related agreements, waivers, or policies with SMART With Heart. I understand that this electronic signature signifies my agreement to the terms and conditions of volunteering with SMART With Heart and that it is intended to be legally binding.