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 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 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 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.
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.
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.