Name and Location of Rodeo: Poway Rodeo, Poway Valley Riders Association Grounds, 14336 Tierra Bonita Rd.,
Poway, CA 92064 (the “Rodeo Venue”)
The undersigned hereby request that the below named participant and, if a minor, his/her parents or legal guardians, (collectively “Participants”) be granted permission: (1) to enter the Restricted Area; (2) to assist as a volunteer; (3) to participate as a contestant, assistant, spectator or otherwise; and/or (4) to compete for money, prizes, recognition or reward (all collectively hereinafter called "Permissive Entry"), in connection with any and all Poway Rodeo performances now or in the future, and/or the events and activities associated therewith, including the Poway Rodeo
Trail Ride and Poway Parade.
In consideration for granting "Permissive Entry" to Participant to participate in rodeo events or activities, or to enter the Rodeo Venue, or the Restricted Area, which is the area from which admission to the general public is restricted, including but is not limited to, the rodeo arena, competition area, chutes, pens, adjacent walkways and areas, concessions, tents, and other appurtenances (“Restricted Area”), we the undersigned, on behalf of any minor participant(s) and for ourselves, our personal representatives, heirs, next of kin, spouses and assigns, do hereby:
1. RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the sanctioning organizations or any subdivision thereof, rodeo producers (including Pro Rodeo Productions of Poway, Inc.), facility owner Poway Valley Riders Association, Inc., stock contractor (currently Salt River Rodeo Company), chute contractors, PRCA, any rodeo
associations, arena operators or owners, officials, any persons in any Restricted Area, officials, promoters, sponsors, advertisers, owners and lessees of the premises used to conduct the event, and their directors, employees, agents, officers, members, and related persons and entities, and each of them (all herein referred to as "Releasees"), from all liability, losses and damages arising out of strict liability or negligence of Releasees or any other participant which causes or contributes to any injury, death, loss, or damage, including property damage, to the undersigned. We the undersigned,
jointly, severally, and in common agree to hold Releasees harmless and to indemnify Releasees from any and all losses, claims, judgments or expenses that Releasees have or may incur or that are asserted against Releasees arising out of the Participants' activities or presence in the Restricted Area.
2. UNDERSTAND that Participants' entry into the Restricted Area and/or participation in rodeo events or related activities contains DANGER AND RISK OF INJURY OR DEATH TO PARTICIPANTS; that conditions of the rodeo arena change from time to time and may become more hazardous; that rodeo animals are dangerous and unpredictable; and that there is INHERENT DANGER in rodeo that we each appreciate and voluntarily assume on our and minor’s behalf. Each of the undersigned has observed events and activities of the type in which the Participants seek to participate. We further understand that the arena surface, access ways or lack thereof, lighting or lack thereof, and weather conditions all change
and pose a danger to Participants. We further understand that other contestants and participants pose a danger to the undersigned, but nevertheless, EACH VOLUNTARILY ELECT TO ACCEPT ALL RISKS connected with the Participants entry into the Restricted Area and/or participation in any rodeo events or related activities.
3. AGREE that this agreement shall apply to any incident, injury, accident or death occurring on or arising out of the Poway Rodeo. Any subsequent agreements, including waiver or release documents, signed by any of the undersigned shall amplify, but shall in no way limit, the provisions of this document.
4. GIVE the Releasees and the media permission to publish or re-publish in print, electronic, or video format any of the Participants’ likeness, photograph or image, or to use Participants’ names in connection with any such publication, whether for illustration, advertising, promotion or for any other lawful purpose. I waive and release all claims against the Releasees and the media with respect to all such use or publication, including claims otherwise protected by trademark or copyright laws, including any right to or claim for compensation related to the use of such materials.
5. REPRESENT AND WARRANT that Participants have valid health insurance that to the best of their knowledge will cover injuries or damages that might be sustained by Participants as result of their Permissive Entry.
6. By signing this WAIVER, RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I am waiving any and all claims of any kind arising out of or attributable to my participation in the Activity, including those claims that may be
unknown to me, or which I do not suspect to exist at this time.
7. WITH THE INTENTION OF WAIVING AND RELEASING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I/WE HAVE READ THIS DOCUMENT IN ITS ENTIRETY, AND I/WE UNDERSTAND IT IS A WAIVER AND RELEASE OF ALL CLAIMS I HAVE OR MAY HAVE NOW OOR IN THE FUTURE ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE POWAY RODEO. WE APPRECIATE AND ASSUME ALL RISKS INHERENT IN RODEO.