This Express Assumption of Risk, Release of Liability, Waiver of Claims and Indemnity Agreement (the "Agreement") is entered into by the undersigned in favor of Julia Hyde, Brian Hyde, Canham Farm Horse Rescue Inc., The Gregory Trust LLC their employees, tenants and agents (collectively the "Released Parties" and each a "Released Party''). In consideration for being permitted to participate in Equestrian Activities at 333 Canham Road, Scotts Valley, California, 95066 the undersigned acknowledges and agrees as follows:
1. Equestrian Activities: For the purposes of this Agreement, "Equestrian Activities" is a very broad term encompassing all possible activities involving horses and/or my attendance at 333 Canham Road, Scotts Valley, CA 95066 including but not limited to riding, framing, participating in instruction and/or clinics, competing, trying horses for sale, boarding, longing, driving, grooming, leading, transporting or loading on vehicles, grazing, turning out and otherwise handling or working around horses in any manner or assisting others who are handling horses or spectating or passively standing by or passing through where horses are present, whether or not they are being handled by other persons, as well as simply being at a premises where the hazards inherent in being around equine facilities and farm equipment exist.
2. Dangerous Activity: I acknowledge that horses can be unpredictable animals and I fully realize that there are certain dangers inherent in Equestrian Activities, including the risks of property damage, personal injury and even death. I recognize that even the best trained horses can and often do react rapidly and in unpredictable ways to a variety of stimuli and even for no apparent reason at all. I understand that neither my actions, nor the actions of any other person or animal including horses, dogs and cats cannot necessarily be controlled, and that my safety and that of my horse(s), other animals and property cannot be guaranteed while participating In Equestrian Activities or being on the property at 333 Canham Road, Scotts Valley, CA 95066.
3. Express Assumption of Risks: Understanding the nature and seriousness of risks involved, and understanding that it is not necessarily possible to predict the exact or specific risks involved, I voluntarily choose to participate in Equestrian Activities and to be around horses, and I EXPRESSLY ASSUME THE ASSOCIATED RISKS, INCLUDING THE RISK OF INJURY AND DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE 'RELEASED PARTIES OR ANY OTHER CAUSE. I accept full and complete responsibility for the safely of myself, any guests or observers, horse(s), and my other personal property. Further, I assume the risk of any damage or injury caused by horse(s), and indemnify the Released Parties against any claims for damage to persons or property caused by my horse(s), whether or not any particular horse is under my control at the time damage or injury occurs.
4. Unpredictability Of Cause, Personal Responsibility: I understand that injuries and harm may result from Equestrian Activities from a variety of causes, including the acts of other persons, domesticated or wild animals, weather, ground conditions, conditions of buildings, fences and other improvements to land and other causes which are often not predictable. I understand that it is my responsibility to control any horse(s) I am handling or riding, even during instruction, and regardless of the acts of other humans or animals, and to act in a responsible manner to ensure to the extent possible my own safety and that of others. Because the exact nature and cause of potential injury from Equestrian Activities cannot be predicted, I hereby EXPRESSLY WAIVE ANY CLAIMS UNDER CALIFORNIA CIVIL CODE SECTION 1542, which reads as follows: "A general release does not extend to claims which the creditor did not know or suspect to exist in his favor at the time of executing the release which if known by him may have materially effected his settlement with the debtor. I UNDERSTAND THAT BY WAIVING CLAIMS PURSUANT TO SECTION 1542 I AM GIVING UP A RIGHT TO WHICH I WOULD OTHERWISE BE ENTITLED UNDER CALIFORNIA STATUTE.” Further I understand that conditions can change quickly in an active stable environment, and I assume complete responsibility for ensuring that the environment is in apparent safe condition before engaging in Equestrian Activities at 333 Canham Road, Scotts Valley, CA 95066, to remain aware of the environment in which I am operating, to immediately notify one of the Released Parties of any hazard or danger of which I become aware and to take measures to mitigate any risk that becomes apparent once I am engaged in Equestrian Activities to the extent possible.
5 Personal Property: I agree that I am responsible for the security of my own personal property, including horses, tack and equipment, other animals and that the Released Parties cannot guaranty the security of my property. Should I leave any personal property at 333 Canham Road, Scotts Valley, CA 95066 I do so at my own risk. None of the Released Parties shall have any liability to me in the event of loss, damage, unauthorized use by any person or theft of any such property. I acknowledge that I need to purchase sufficient insurance to cover my own property, horses, medical and other interests while at 333 Canham Road, Scotts Valley, CA 95066, and that for purposes of determining liability, my personal property shall not be considered to be in the custody of any of the Released Parties while it is located at 333 Canham Road, Scotts Valley, CA 95066.
6 Release and Waiver of Claims: On behalf of myself; my heirs, successors in interest, guardians, legal representatives and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION AND LIABILITIES, IN LAW OR IN EQUITY, BASED UPON ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION OR OTHER HARM OF WHATEVER NATURE, WHETHER FORESEEN OR UNFORESEEN, THAT MAY BE SUSTAINED OR SUFFERED BY ME OR BY ANY OTHER PERSON AS A DIRECT OR
INDIRECT CONSEQUENCE OF MY PARTICIPATION IN EQUESTRIAN ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section 6 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury of me or any other person or property.
7. Promise not to Bring Suit: I hereby agree that I, my heirs, successors in interest, guardians, legal representatives and assigns will not bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them for any loss or damage arising or resulting directly or indirectly from my participation in Equestrian, Activities or my presence at 333 Canham Road, Scotts Valley, CA 95066.
8. Indemnification: I agree to INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, including but not limited to attorney's fees arising from or in connection with the injury, illness or death of any person or the damage, destruction or loss of any of my or others' property which might result, directly or indirectly, from my participation m Equestrian Activities or by any horses owned by me or in my control.
9. Invitees: I agree that. I will not permit any person other than the Released Parties to ride or handle horses at 333 Canham Road, Scotts Valley, CA 95066 unless such person has the express permission of Julia Hyde and has executed and delivered to Julia Hyde a form of this Agreement and/or other applicable form(s) required by the Released Parties. I agree that damages to the Released Parties that may arise from a breach of my agreement under this Section 9 include (a) liabilities and costs arising from claims that would have been released or waived had my invitee executed the required document(s), and (b) the costs and expenses of defending any such claims. I agree to indemnity, defend, and hold harmless each of the Released Parties from and against all such liabilities, costs, and expenses. Further I assume all risk of damage or injury to my invitees while they are my guests at 333 Canham Road, Scotts Valley, CA 95066 and indemnify the Released Parties against any claims for damages or injuries suffered by my invitees.
10. Representations and Warranties: I hereby warrant that:
(a) I HAVE VOLUNTARILY EXECUTED THIS AGREEMENT OF MY OWN FREE WILL, WITHOUT DURESS OR PRESSURE FROM ANY PERSON.
(b) I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF LIABILITY AND INDEMNIFICATION FOR ALL CLAIMS.
11. Choice of Law, Jurisdiction: The terms of this Agreement shall be governed by and interpreted according to the law of the State of California, the courts of which shall have exclusive jurisdiction over my matter arising hereunder.
12. Term: This Agreement shall remain in full force and effect until expressly revoked by me in writing, which writing is actually delivered to the hand of Julia Hyde, and so long as I have not revoked it in writing shall survive my death and be enforceable against my estate and heirs. So long as any horse or other property owned by me is on the premises of 333 Canham Farm, Scotts Valley, CA 95066 for any reason, no revocation of this Agreement, whether or not in writing, shall have any effect until I have removed any horses and/or other property owned by me from 333 Canham Farm, Scotts Valley, CA 95066. Riding or handling any horse at 333 Canham Farm, Scotts Valley, CA 95066 after revocation of this Agreement shall immediately revive the full force and effect of this Agreement.
13. Severability: I agree that this Agreement is intended to be as broad and inclusive as is permitted by California law. If any portion of this Agreement is determined to be invalid, illegal or unenforceable, that portion shall be severable, and the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any "way and shall continue in full legal force and effect.
I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND I FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. MY SIGNATURE BELOW IS ACKNOWLEDGMENT THAT I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION, AND TO CONSULT
AN ATTORNEY REGARDING THE IMPLICATIONS OF SIGNING THIS AGREEMENT IF I SO DESIRE,
