THE RELEASE OF LIABILITY is entered into this day by between the Nellie Gail Ranch Owners Association (hereinafter referred to as “Nellie Gail Ranch”) and myself (hereinafter referred to as “Participant”), or the parent or guardian of Participant, if Participant is a minor. In consideration for being permitted use of the Nellie Gail Ranch trails, arena and parks (hereinafter collectively referred to as Common Areas), the undersigned Participant agree(s) as follows:
You are advised that there are inherent risks, including the risk of serious injury or death, while engaging in equine and hiking activities. By engaging in equine and/or hiking activities and in accordance with the terms of this agreement you hereby assume all risks of injury or death.
- Participant acknowledges there are inherent risks associated with equine and hiking activities and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; Participant potential collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability.
Participant acknowledges that horses, by their very nature are unpredictable and subject to animal whim. Participant assumes all risks in connection therewith, and expressly waives any claims against Nellie Gail Ranch for any injury or loss arising there from. Participant agrees to abide by and follow Nellie Gail Ranch’s rules and regulations that shall be posted and/or be available from time to time. Participant further acknowledges that the behavior of any animal is contingent to some extent upon the ability of Participant. Participant assumes all risks and agrees to be responsible for his or her own safety.
Participant expressly releases Nellie Gail Ranch from any and all claims, including but not limited to, claims for personal injury or property damage, whether caused by the active or passive negligence of Nellie Gail Ranch or any of its representatives, agents or employees, to the fullest extent that a waiver and release is recognized by the laws of this jurisdiction.
- PARTICIPANT HEREBY RELEASES THE NELLIE GAIL RANCH OWNERS ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF AND FROM ALL CLAIMS WHICH MAY HEREAFTER DEVELOP OR ACCRUE TO PARTICIPANT ON ACCOUNT OF, OR BY REASON OF, ANY INJURY, LOSS, OR DAMAGE, WHICH MAY BE SUFFERED BY ME OR TO ANY PROPERTY, BECAUSE OF ANY MATTER, THING OR CONDITION, NEGLIGENCE OR DEFAULT WHATSOEVER, AND I HEREBY ASSUME AND ACCEPT THE FULL RISK AND DANGER OF ANY HURT, INJURY OR DAMAGE WHICH MAY OCCUR THROUGH OR BY REASON OF ANY MATTER, THING OR CONDITION, NEGLIGENCE OR DEFAULT, OF ANY PERSON OR PERSONS WHATSOEVER.
- PARTICIPANT AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND THE NELLIE GAIL RANCH OWNERS ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, WHETHER ACTUALLY INCURRED OR NOT, WHICH MAY IN ANY WAY ARISE FROM OR ARE IN ANY WAY CONNECTED WITH PARTICIPANT’S PRESENCE UPON THE PROPERTY OF THE NELLIE GAIL RANCH OWNERS ASSOCIATION AND THE FACILITIES LOCATED THEREON.
- In the event Participant is using Participant’s own horse, or any other horse(s) not owned by Nellie Gail Ranch, Participant warrants said horse(s) shall be free from infection, contagious or transmittable diseases. Nellie Gail reserves the right to refuse access or use of any horse upon the premises that does not appear to Nellie Gail to be in good health, or is deemed dangerous or undesirable.
- Any action brought under this Release of Liability shall be brought within one (1) year of the incident or accident-giving rise to said claim. In the event that any portion of this Release is invalidated or otherwise held unenforceable by any court of competent jurisdiction, then Participant agrees that any available damages arising from or related to the use of Nellie Gail Ranch property shall be limited to the lesser of: $250 for property damage; actual damages incurred by Participant; or a maximum of $10,000 for damages such as pain and suffering.
- Participant agrees to waive the protection of any applicable statutes of this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.
Participant expressly waives any benefits that he or she may have under Section 1542 of the California Civil Code relating to unknown claims that reads as follows:
A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor.
I HEREBY ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPHS AND KNOW AND UNDERSTAND THE CONTENT THEREOF.