BY THIS AGREEMENT, YOU ASSUME RISKS, RELEASE YOUR RIGHT TO SUE, AND AGREE TO PAY FOR INJURIES AND DAMAGE TO OTHERS.
Please read carefully before signing.
{participantName}, as a condition of enjoying the benefits offered by Santa Barbara Polo & Racquet Club Management Company, Inc., (“SBPRC”) as a member, guest, spectator, sports participant, or otherwise, and entering onto SBPRC Property, the undersigned agrees:
1. Understanding and Assuming Risks. I understand that there are significant risks from entering onto 3300 Via Real, Carpinteria, California, or any property leased or controlled by SBPRC, including but not limited to polo fields, horse tracks, stable areas, swimming pool, spa, gym, showers, dressing rooms, club houses, walkways, exercise equipment, locker rooms, parking lots, stairs, tennis courts, lobby, club houses (collectively, “SBPRC Property”) including risks from Activities that take place on SBPRC Property, and I acknowledge and assume those risks. Such “Activities” include, without limitation, polo, arena polo, horse riding, other horse or equestrian related activities, swimming, tennis, exercising, using any of SBPRC’s services, equipment or any equipment on SBPRC Property, weight training, golf cart riding, and any training related to any such Activities, despite whether any of the Activities are supervised or unsupervised or authorized or unauthorized. Further, I understand that engaging in, observing, spectating, or participating in, any Activities (including being in proximity to horses or the sport of polo) involves substantial risks of bodily injury and death, emotional injury, injury to reputation, and other personal injury, to me and to other persons (whether participating in the Activities, observing them, or being in proximity to Activities or their participants) and damage to personal property, from hazards including, without limitation: falls; collision with other participants, horses or objects; being kicked, bucked, or thrown off by horses; hit by mallets, racquets or balls; slipping, falling, drowning; contracting an illness or disease, including but not limited to Coronavirus; being injured by other participants, onlookers or horses, or by defects in equipment, grounds or facilities, whether the hazards are inherent in the Activity, or caused by the active or passive negligence of SBPRC or its employees, members, contractors, managers, staff, or others. I also understand that some Activities are physically strenuous and that I may be exerting myself, and could be injured or die as a result of Activities resulting from a known or unknown medical condition. I fully recognize the risks of injury to person and personal property inherent in participation in any physical activity and hereby represent to SBPRC that I have either consulted a personal physician who has consented to my participation in the Activities or have elected to forgo a physical examination, but declare that I am physically capable of participating in the Activities.
I also understand and agree that under no circumstances whatsoever, existing now or in the future, shall SBPRC have a duty to provide lifeguards or medical support to me or any other person participating in or observing the Activities or at SBPRC Property, including ambulances, doctors, EMTs, defibrillators, urgent care, or any other type of medical support. I understand and agree to this despite such medical support being present, or having been present, or which may be present in the future, for the Activities or at SBPRC Property. If I desire medical support, I will be responsible for providing my own medical support at my own cost and expense. I further understand and agree that any medical support present during, or in connection with, any Activities or otherwise present at SBPRC Property is not provided by SBPRC, but is provided by a third party contractor or other service unrelated to and not connected to SBPRC, for which SBPRC is not responsible.
2. Waiver and Release from Liability. The “Released Parties” are: (1) Santa Barbara Polo and Racquet Club Management Company, Inc. and Santa Barbara Polo Club, Inc., and each of their assigns, employees, agents, managers, officers, trustees, directors, members, guests, instructors, contractors, independent contractors, volunteers, interns, subcontractors, trainers, coaches, and any persons providing emergency life or medical support, including EMTs, doctors, veterinarians, lifeguards, and others); (2) the owners, lessees, lessors, and persons or entities in possession or control of any property where SBPRC Activities are held, including SBPRC Property; and (3) each of their and SBRPC’s respective event participants, spectators, referees, members, guests, umpires or other officials.
In consideration of being permitted to enter SBPRC’s facilities and SBPRC Property for any purpose, including, but not limited to, participating in or observing any Activities, use of facilities or SBPRC Property, or use of any services or equipment, I and my assignees, heirs, distributees, guardians, children, estate, executors, and legal and personal representatives (collectively, “Releasing Parties”) agree to the following: I am authorized to and on behalf of Releasing Parties do hereby promise not to sue the Release Parties and further release, waive, and hold harmless Released Parties from any and all present, past, or future liability, claim, demand, lawsuit, loss, cause of action, damages, costs, or attorneys fees (collectively “Claims”), including, but not limited to, those Claims brought or suffered by me, my family, my employees, my guests, or my estate, heirs, or assigns, or any Releasing Parties, and I am authorized and do hereby waive on behalf of the Releasing Parties any Claims, including any past, present, or future Claims arising from any injury to person or property, including death, whether caused by the active or passive negligence of Released Parties or otherwise, while in, upon or about SBPRC Property, or arising from the use or presence upon, SBPRC’s facilities, or the use of services or equipment, or observing, being in proximity to, or participating in any Activities, and regardless of whether the Released Parties or any of them were the sole or concurrent cause of the Claims.
3. Indemnity and Hold Harmless Agreement. I and the Releasing Parties agree not to make any Claims against or attach the property of the Released Parties, and further agree to defend, save and hold harmless, and indemnify Released Parties from any Claims (including, but not limited to, those Claims brought or suffered by me, my family, my employees, my guests, or my estate, heirs, or assigns, or any Releasing Parties) that Released Parties may incur due to Releasing Parties presence in, upon or about SBPRC’s Property or by observing or using any of SBPRC’s facilities, services or equipment, or observing, being in proximity to, or participating in any Activities, whether caused by the active or passive negligence of Released Parties or otherwise. I further expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the Sate of California, and that if any portion of the foregoing release and waiver is held invalid, then it is agreed that the remainder of this agreement shall continue in full force and effect. This agreement, to the extent permitted by California law, includes Claims based on negligence of a Released Party and whether or not based on a risk inherent in the Activity. This Agreement and its interpretation and enforceability shall be governed by the laws of the State of California. The provisions of this Agreement shall survive any of the Releasing Parties’ death, incapacity, or incompetence, and shall survive and remain in full force and effect after my or any Releasing Parties’ membership at SBPRC has been terminated or expired.
4. Personal Property. I understand and agree that all equipment, clothes, personal effects, jewelry, saddles, tack, supplies, animals, trailers and any other personal property owned, contracted for, or used by me (hereinafter referred to as “the personal property”) and brought to facility and used, stored, or otherwise located in or around the facility shall remain my sole responsibility to protect and secure from theft, damage, or injury to, or from, any other person. All personal property should be insured by the me, as SBPRC does not have any responsibility or obligation to insure its safety or to insure against injury to any other person by such personal property or by any other person to such personal property. ALL PERSONAL PROPERTY LEFT AT SBPRC PROPERTY IS LEFT AT MY SOLE RISK AS TO ITS THEFT, DAMAGE, OR INJURY TO ANY OTHER THIRD PARTY AND ALL LOSS OR DAMAGE OR INJURY RESULTING FROM THE PERSONAL PROPERTY SHALL BE AT MY SOLE EXPENSE. I further understand and agree that the release and indemnity provisions of this Agreement include and relate to any and all damages, claims, causes of action, expenses, or the like, arising from the theft, damage, or injury caused by, or occurring to, the personal property and hereby understand and agree that the foregoing provisions of this Agreement apply equally to my personal property.
5. Payment for Participation in Activities. I agree to pay upon demand for participation in Activities and use of SBPRC Property. Interest accrues at the rate of 1.5 per cent per month (18% per annum) on any unpaid balance. In the event of litigation to recover unpaid sums, I agree that the prevailing party shall be entitled to reasonable attorney fees and costs; that any legal action may be brought in the Santa Barbara County Superior Court; that I waive any and all jurisdictional defenses.
6. I understand and hereby acknowledge that SBPRC has a ZERO TOLERANCE POLICY regarding the abuse or neglect of horses or other animals at any time under any circumstances on their premises. I, or persons for whom the participant is responsible, who violate this policy shall be cited which shall lead to disciplinary action being taken against them. Any person who appeals a disciplinary action to a hearing committee of either SBPRC and/or the United States Polo Association shall be responsible for payment of all fees and cost incurred by SBPRC and/or the USPA in conducting the hearing, regardless of the results.
BY THIS AGREEMENT, I FREELY AND VOLUNTARILY ASSUME RISKS, AGREE TO PAY FOR INJURIES AND DAMAGE, TO DEFEND OTHERS, AND RELEASE MY RIGHT TO SUE, INCLUDING, BUT NOT LIMITED TO, ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING THE PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE of liability, ASSUMPTION OF RISK AND HOLD HARMLESS AGREEMENT BY READING IT BEFORE I SIGNED IT. I FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE TO ME.
I am 18 years or older and legally competent to sign this liability release, unless the written consent of a parent or guardian has been given in writing.
I authorize the Santa Barbara Polo & Racquet Club to use this credit card on an on-going basis for any of the following items:
Food and Beverage, Tennis/Swim/Fitness Lessons and classes, Pro Shop, Apparel and Boutique items, Facility Rental, Cabanas, Polo Boxes, Polo Gate Admission, Initiation and Membership Fees, Polo Playing Fees, Stabling, Tournament Charges, Parties and Events and other Club Charges.