RANCHITA ESTATES HOMEOWNERS ASSOCIATION

CONSENT, WAIVER AND ASSUMPTION OF RISK AGREEMENT

In consideration of being permitted to utilize trails within the Ranchita Estates Homeowners Association ("Association") development (Trails), I, (User), for myself, my personal representatives, heirs, executors, next of kin, spouses, minor children and assigns, do agree as follows:

A.Minor Children (If applicable I affirm that I am the parent or legal guardian of the following Minor Children who might use the Trails. I agree that the term "Minor Children" shall include any child to whom I am a parent or legal guardian regardless whether they are specifically listed below and that I make this Agreement for myself and on their behalf. (Please indicate the name and age of each Minor Child. Any adult children, relatives, or guests must sign a separate agreement in order to use the Trails

Compliance with Rules and Regulations. I agree to accept and comply with the rules and regulations of the Association regarding use of the Trails, and agree to ensure compliance with said Rules by any Minor Children and any and all other person(s) for whom I may be legally responsible during use of the Trails. I acknowledge that such compliance does not ensure my or my Minor Children's safety or protection from the risks acknowledged and assumed herein.

I further acknowledge that if I am a Business Invitee of any Lot, including without limitation a boarder of horses, trainer of horses, buyer or seller of horses, recipient of riding lessons, or otherwise engaged in any business relationship pertaining to any Lot, I may not use the Trails without my sponsoring resident having obtained the prior written approval of the Association .

C. INJURIES AND EVEN DEATH MAY OCCUR DURING HORSEBACK RIDING AND OTHER ACTIVITIES IN WHICH I OR MY MINOR CHILDREN MAY

Acknowledgment of Risk. I UNDERSTAND AND ACKNOWLEDGE THAT SERIOUS

PARTICIPATE ON THE TRAILS. KNOWING AND APPRECIATING THESE RISKS, I ASSUME THEM, AND AS THE PARENT OR LEGAL GUARDIAN OF THE MINOR CHILDREN LISTED ABOVE, I ALSO CONSENT TO MY MINOR CHILDREN'S USE OF THE TRAILS AND ASSUME ANY AND ALL RISKS OF INJURY OR DEATH ATTENDANT TO SUCH USE ON THEIR BEHALF, AND VERIFY THIS STATEMENT BY PLACING OUR/MY INITIALS HERE:

D.Release of Liability. I FOREVER RELEASE AND DISCHARGE, to the fullest extent allowed by law, the Ranchita Estates Homeowners Association and each of its officers. directors, agents, employees, independent contractors, sub-contractors, the State of California, the County of San Luis Obispo, and all individual property owners and residents in Ranchita Estates (collectively, the "Released Parties") from any and all liabilities, claims for damage, demands, or causes of action that I may hereafter have on account of injury to anyone and/or the person or property of myself or my Minor Children, or resulting in the death of anyone and/or myself or my Minor Children, however caused, even if caused by the active negligence of the Released Parties, arising from my or my Minor Children's entering or use of the Trails.

I HEREBY AGREE TO INDEMNIFY, REIMBURSE AND HOLD HARMLESS the Released Parties, and each of them, from any loss, liability, damages, attorneys fees, or costs they may incur arising from my or my Minor Children's entering or use of the Trails, including without limitation any claim asserted by me or my Minor Children, even if caused in whole or in part by the negligence (whether active or passive) of any of the Released Parties.

I acknowledge that California Civil Code, Section 846 provides:

"An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purpose, except as provided in this section.

A "recreational purpose," as used in this section, includes such activities as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.

An owner of any estate or any other interest in real property, whether possessory or nonpossessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby (a) extend any assurance that the premises are safe for such purpose, or (b) constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed, or (c) assume responsibility for or incur liability for any injury to person or property caused by any act of such person to whom permission has been granted except as provided in this section.

This section does not limit the liability which otherwise exists (a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where consideration has been received from others for the same purpose; or (c) to any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner. Nothing in this section creates a duty of care or ground of liability for injury to person or property."

G.Validity and Severability. If any part, article. paragraph, sentence or clause of this Agreement is held to be invalid, void, unenforceable, or illegal, the same shall be deemed severed from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision herein. If any part, article, paragraph, sentence or clause herein is held to be unenforceable due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.

H.Attorney's Fees. In the event of any claim, action, suit or other proceeding concerning the interpretation, validity, performance or breach of any of the terms and conditions of this Agreement, or concerning the determination of legal responsibility for the performance and/or costs of compliance herewith, the prevailing party shall be entitled to an award of its reasonable attorney's fees incurred in said claim, action, suit or other proceeding.

Assumption of Risk. I VOLUNTARILY ASSUME ALL RISKS, KNOWN AND

UNKNOWN. OF PERSONAL AND/OR BODILY INJURY, DEATH OR PROPERTY DAMAGE CONNECTED WITH MY PARTICIPATION IN HORSEBACK RIDING AND ALL OTHER USES OF THE TRAILS WITHIN THE RANCHITA ESTATES

DEVELOPMENT, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES.

J. AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT BETWEEN MYSELF AND THE RANCHITA ESTATES HOMEOWNERS ASSOCIATION AND/OR ITS AFFILIATED ORGANIZATIONS, AGENTS, EMPLOYEES, LOT OWNERS AND RESIDENTS AND VOLUNTEERS. I HEREBY SIGN THIS AGREEMENT OF MY OWN FREE WILL. I FURTHER AGREE THAT NO ORAL REPRESENTATIONS STATEMENTS OR INDUCEMENTS APART FROM THIS FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

Knowing and Voluntary Execution. HAVE CAREFULLY READ THIS AGREEMENT

I FURTHER UNDERSTAND AND AGREE THAT MY USE OF THE EQUESTRIAN AND HIKING TRAILS OWNED AND/OR CONTROLLED BY RANCHITA ESTATES HOMEOWNERS ASSOCIATION IS CONDITIONED ON THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND ANY OTHER APPLICABLE DOCUMENTS AND/OR SIGNS, AND THAT WHILE THIS RANCHITA ESTATES

TO CONSENT FROM ANY OWNERS OF SUCH PRIVATE TRAIL.

I have read, understand, and agree to the above Consent, Waiver, and Assumption of Risk Agreement.