{participantName} an adult, to release and indemnify Eldorado Polo Club, United States Polo Association, Desert Polo Land Company LLC, Triangle Bar Farms, Mission Property 83615 Avenue 54, Thermal, CA 92274, Twin Palms Polo Club 64755 Van Buren, Thermal, CA 92274, Rancho Polo Equestrian Center 82800 Avenue 58, Thermal, CA 92274, and their parent and subsidiary companies and all respective officers, directors, shareholders, trustee, agents, contractors, representatives, servants, employee, heirs, success and assigns, (hereinafter collectively referred to as the “Proprietors”) as set forth below:
WHEREAS, Participant on his own behalf and on behalf of the other members of his or her family, including Participant’s spouse, parents, children, heirs, and assigns (hereinafter referred to collectively and singularly as “Participant”) hereby grants to Proprietors this full release and indemnification as consideration for the right (1) to participate in whatever capacity applicable, including, but not limited to, as a player, trainer, instructor, spectator, referee, umpire, student, owner, or attendant, any and all of the various activities at the Eldorado Polo Club including, but not limited to, showing animals, giving/taking lessons, riding, jumping, or participating in any polo match/practice or related activity (hereinafter referred to as “Equestrian Activities”) at the Club (hereinafter referred to as the “Facility”) and to participate in any transportation, boarding, maintaining, or handling of any animals, for consideration or gratuitously, used in connection with participation in such Equestrian Activities; (2) to use any and all club grounds and facilities, clubhouse, cantina and tack rooms; and (3) to gain access to all areas open to participant at the Facility offered now, or in the future, for the benefit of, or in connection with, participation in and use of the Equestrian Activities; and
WHEREAS, the Proprietors are willing to grant permission to participate to be involved in the foregoing Equestrian Activities on the facility if participant is willing to indemnify and release proprietors from any and all losses, claims, causes and lawsuits, directly or indirectly, arising there from;
NOW THEREFORE, in consideration of these premises, participant agrees as follows:
1. RELEASE. Participant DOES HEREBY VOLUNTARILY RELEASE, DISCHARGE, WAIVE, RELINQUISH and COVENANT NOT TO SUE. With respect to any and all actions, or causes of action, for bodily injury, property damage, or death occurring to participant or any animal, or any personal property owned, possessed, controlled or used by participant, arising either directly or indirectly out of participating in the use of any of the facility, wherever or however the same may occur and for whatever period said activities or use may continue. Participant HEREBY RELEASES, WAIVES, DISCHARGES, RELINQUISHES and COVENANTS NOT TO SUE with respect to any of the aforesaid actions, or causes of action, which may hereinafter arise for the benefit, directly or indirectly, of participant and agrees that under no circumstances shall participant prosecutes or present any claim for bodily injury, property damage, or death against the proprietors arising from any claim of any kind or nature in connection with participant’s involvement in any of the Equestrian Activities or use of the facility, whether same shall arise in whole or in part from the negligence of the proprietors or any third party and where such negligence is the sole or concurring cause of the bodily injury, property damage, or death. PARTICIPANT SPECIFICALLY WAIVES CALIFORNIA CIVIL CODE SECTION 1542, which states as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIMEOF EXECUTING THE RELEASE WHICH, IF KNOWN, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” PARTICIPANT RELEASE, INDEMNIFICATION & AGREEMENT TO PAY FOR PARTICIPATION
2. INDEMNITY. Participant does further HEREBY INDEMNIFY AND HOLD HARMLESS the proprietors from any and all claims, actions, demands, costs, liabilities, expense or judgments whatsoever, including attorneys’ fees and costs, which might arise by whomever, by, through, and under participant, or whenever made or presented, for any loss or damage, directly or indirectly, related to participant’s participation in any of the Equestrian Activities or participant’s use of any of the facilities at the Club. It is the intention of the parties here to that the participant’s shall indemnify and protect proprietors from the consequences of proprietors’ or any party’s negligence (including others who may be participating in the Equestrian Activities in question), who may have a claim or cause of action against proprietors that arose by, through, or under participant, whether same arises, in whole, or in part, from negligence of the proprietors or any other party and whether such negligence is the sole or concurring cause of bodily injury, property damage, or death.
3. DEFENSE AGAINST CLAIMS. Participant agrees to defend proprietors against any claims brought or actions filed against proprietors with respect to the subject of the indemnity contained herein. Proprietors may employ attorneys of their own selection to appear and defend a claim or action on behalf of proprietors at the expense of participant. Proprietors shall have the sole authority for the direction of the defense and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against proprietors. Participant shall, upon demand, pay to proprietors all sums due to any parties by proprietors as a result of any indemnified claim and all sums due to Counsel so selected for invoices for services and expenses due for retainer sums requested by such counsel in advance of services.
4. REPRESENTATIONS. Participant hereby agrees to abide by all General Rules for use of the Club (Facility) at all times and shall comply with all United States Polo Association (“USPA”) rules and regulations which shall govern all polo play engaged in by participant. Participant hereby voluntarily executes this Agreement to induce the participant. Participant hereby voluntarily executes this Agreement to induce the proprietors to permit his participation in the various Equestrian Activities offered at the facility and his use of the various improvements included herein. PARTICIPANT FURTHER ACKNOWLEDGES THAT HIS PARTICIPATION AND USE IS AT PARTICIPANT’S OWN RISK AND WITHOUT ANY REPRESENTATIONS OF ANY KIND OR CHARACTER HAVING BEEN MADE TO PARTICIPANT BY THE PROPRIETORS.
5. MEDICAL. Participant fully recognizes the risks of injury to person and personal property (hereinafter defined) inherent in participation in any physical activity and hereby represents to the proprietors that participant has either consulted participant’s personal physician who has consented to participant’s participation in the Equestrian Activities or has elected to forgo a physical examination, but declares that participant is physically capable of participating in the Facility Equestrian Activities. Participant hereby gives consent to emergency medical or veterinary care, as the case may be, inclusive of necessary transportation in order to obtain such treatment in the event of injury to participant or participant’s animals as the proprietors or anyone acting on behalf of the facility may deem appropriate. The release indemnification set for the above extends to any liability arising out of, or in any way connected with, such provision of medical services, veterinary treatment, or transportation provided in the event of emergency.
PARTICIPANT HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH DUE TO THE NEGLIGENCE OF ANY PARTY HEREIN RELEASED.
6. PARTICIPANT’S PERSONAL PROPERTY. Participant understands and agrees that all equipment, clothes, personal effects, jewelry, saddles, tack, supplies, animals, trailers and any other personal property owned, contracted for, or used by participant (hereinafter referred to as “the personal property”) and brought to facility and used, stored, or otherwise located in or around the facility shall remain the sole responsibility of the participant to protect and secure from theft, damage, or injury to, or from, any other person. All personal property should be insured by the participant, as the facility and proprietors do 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 THIS FACILITY IS LEFT AT THE SOLE RISK OF THE PARTICIPANT AS TO ITS THEFT, DAMAGE, OR INJURY TO ANY OTHER THIRD PARTY AND ALL LOSS OR DAMAGE OR INJURY RESULTING FROM PARTICIPANT’S PERSONAL PROPERTY SHALL BE AT THE SOLE EXPENSE OF THE PARTICIPANT.
Participant further understands and agrees 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, participant’s personal property and hereby understands and agrees that the foregoing provisions of this Agreement applies equally to participant’s personal property.
7. PAYMENT FOR PARTICIPATION. Participant agrees to pay upon demand for participation in Equestrian Activities and use of facility. 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, participant agrees that the prevailing party shall be entitled to reasonable attorney fees and costs; that any legal action may be brought in the Riverside County Superior Court; that participant waives any and all jurisdictional defenses.
8. MISCELLANEOUS. This Agreement shall be governed and construed under the laws of the State of California. Any references to gender, singular or plural. All provisions of this Agreement shall survive the execution and delivery of this Agreement and shall be construed to be full force and affect.
9. {initials} Participant understands and hereby acknowledges that Eldorado Polo Club/the Proprietors have a ZERO TOLERANCE POLICY regarding the abuse or neglect of horses at any time under any circumstances on their premises. Participant, or persons for whom the participant is responsible, who violate this policy shall be cited which shall lead disciplinary action being taken against them.
10. {initials} any person who appeals a disciplinary action to a Hearing Committee of either Eldorado Polo Club and/or the United States Polo Association shall be responsible for payment of all fees and cost incurred by Eldorado Polo club and/or the USPA in conducting the hearing, regardless of results.
11. ENTIRE AGREEMENT. This agreement contains the entire understanding between the parties herein concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties.
PARTICIPANT RELEASE, INDEMNIFICATION & AGREEMENT TO PAY FOR PARTICIPATION
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND INDEMNIFICATION AGREEMENT, and further agrees that no oral representation, statements or inducements apart from the foregoing written agreement have been made. THE UNDERSIGNED UNDERSTANDS THAT THIS IS A RELEASE OF ALL OF PARTICIPANT’S CLAIMS AND ALL CLAIMS THAT MAY BE RAISED BY, THROUGH, OR UNDER PARTICIPANT BY OTHERS. THE UNDERSIGNED UNDERSTANDS THAT HE/SHE ASSUMES ALL RISK INHERENT IN EQUESTRIAN ACTIVITIES INCLUDING ENGAGING IN ANY POLO ACTIVITY.