EQUINE PAIN STUDY - CONSENT, WAIVER, AND RELEASE
The University of Florida ("UF") is conducting a study of horse sensation and arthritis discomfort (the "Study") and I, the undersigned ("Owner"), desire to include the animal(s) (the "Horse" or "Horses") as subjects in the Study. In connection with my participation in the Study, I am executing this Consent, Waiver, and Release (the "Consent") and I hereby acknowledge and agree to the following:
1. I represent that I am the sole owner, or an authorized agent of the owner, of the Horse/Horses and have the authority to enter into this Consent without the joinder or consent of any other party, and that the Horse/Horses are regularly stabled at the specified address (the "Location").
2. During the term of the Study, UF technicians or veterinarians are permitted, upon prior notice to me, to visit the Location to collect blood and hair samples from the Horse/Horses. At my discretion, I or a licensed veterinarian acting on my behalf may collect the samples instead, and I understand that sample collection may occur on more than one occasion. The sample collection procedures present minimal risk, but I recognize that on very rare occasions the Horse/Horses could suffer injuries during restraint or as the result of collecting blood samples.
3. During the term of the Study, UF technicians or veterinarians are permitted, upon prior notice to me, to visit the Location to perform radiographic imaging (X-Rays) to establish the health of the Horse/Horses joints. Sedation may be used, with my permission, to facilitate calming of the horse to allow the capture of clear images.
4. Study staff may need to conduct examinations to evaluate the Horse/Horses movement, which may include, but is not limited to the following: Have the Horse stand quietly for a physical exam; have the Horse stand quietly while touched using non-invasive tools that allow Study staff to measure the Horse's ability to sense its environment; have the Horse walk calmly along a straight path; and have the Horse trot calmly along a straight path. I authorize Study staff to prompt the Horse/Horses to perform these movements as part of the Study.
5. The study will require each participant Horse to wear non-invasive sensors including a heart rate monitor, an activity monitoring device during turn-out to monitor voluntary movement behaviors, and a set of standard sport boots equipped with sensors may be used to measure limb motion and I understand that my Horse/Horses might react negatively to this type of equipment. I understand that the study is designed to observe natural reactions of each Horse, and that for the well-being of participant Horses, UF will aim to avoid any negative experience during the study.
6. I understand that the Study will require each horse to receive a dose of phenylbutazone ("bute"), a common pain reliever, and I consent to the use of these pain relievers on my Horse/Horses. I understand that I may be responsible for the administration of these pain relievers, and I agree to administer them as instructed by UF. If the Horse/Horses has/have any type of known allergy or sensitivity to these pain relievers, I will notify UF in advance of the Study.
7. I also consent that, at the Location, and at public events, UF may photograph or video record me and my animal's appearance, image, and likeness on film, photograph, video or in any other electronic medium, or may receive images of my and/or my animal's appearance, image and likeness that I provide ("Materials"). I hereby unconditionally and irrevocably consent to the UF's use and display of such Materials for educational, archival, acknowledgement or general research purposes, including the right to publish the Materials in any form of publication that disseminates research and educational information in any format, including but not limited to print, electronic, video or Internet. These recordings may include overnight continuous observations of the Horse's natural behavior in its stall, and of the horse during the exams.
8. My participation in the Study is voluntary, and that I may withdraw the Horse/Horses from the Study at any time by notifying UF.
9. UF may publish, or authorize others to publish, the findings acquired from the Study for the benefit of the horse industry, veterinary medicine, and other interested groups, but UF will not knowingly or intentionally reveal the identities of the Study participants or other confidential information unless required by law or a court order. To the extent permitted by law, UF will keep confidential all identifying Study data, which UF will use only for research purposes. Confidential information does not include information that is: (a) publicly available; (b) known to a third party prior to UF's disclosure; or (c) subsequently lawfully obtained by a third party without obligations of confidentiality.
10. The Study is not designed to provide, nor will UF provide, any management or veterinary advice to me.
11. UF shall not be responsible for any nutritional, grooming, veterinary or any other needs of the Horses at any time; such needs shall be my sole responsibility at all times.
12. All risk of loss to the Horse/Horses through natural or accidental occurrence shall be borne by me, and UF shall not be responsible or liable for damage or death to one or more of the Horse/Horses, whether caused by UF's negligence or otherwise. I, as Owner, hereby release, discharge, and hold harmless UF and its officers, trustees, directors, employees, representatives, agents, and volunteers (collectively, the "Releasees"), for, from, and against any and all liability and responsibility whatsoever, however caused, for any and all damages, demands, claims, actions or causes of actions, including damage or death to any of the Horses arising out of (either directly or indirectly) damage to, or caused by, the Horses, whether caused by the negligence of the Releasees, a third party, or otherwise.
13. Nothing contained herein shall be construed or interpreted as: (a) denying to UF or Owner any remedy or defense available to such party under the laws of the State of Florida; (b) the consent of UF or the State of Florida or their agents and agencies to be sued; or (c) a waiver of either UF's or the State of Florida's sovereign immunity beyond the limited waiver provided in section 768.28, Florida Statutes.
14. This Consent and all activities contemplated herein will be governed by, and construed and enforced in accordance with, the laws of the State of Florida. In the event of any legal or equitable action arising from the Study, the jurisdiction and venue of such action shall lie exclusively within the courts of record of the State of Florida located in Alachua County, Florida.
15. I have indicated by checking the appropriate box below as to whether I would like to be contacted regarding follow-up information about my Horse/Horses, or to receive information about the progress of UF's research.