THIS DOCUMENT WAIVES YOUR RIGHTS AGAINST THE DEER CREEK GREEN HORSE POLO PARK OWNERS ASSOCIATION, INC., A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, ITS MEMBERS AND ALL OTHER PERSONS AND ENTITIES REFERRED TO IN THIS DOCUMENT AS THE “POLO PARK PARTICIPANTS” IN THE EVENT OF INJURY OR DAMAGES TO YOU PERSONALLY OR TO YOUR PROPERTY, INCLUDING INJURY OR DAMAGE RESULTING FROM THE ORDINARY NEGLIGENCE OF THE POLO PARK PARTICIPANTS AND THEIR EMPLOYEES.
THIS DOCUMENT ALSO RELEASES FROM LIABILITY THE DEER CREEK GREEN HORSE POLO PARK OWNERS ASSOCIATION, INC., A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, ITS MEMBERS AND ALL OTHER PERSONS AND ENTITIES REFERRED TO IN THIS DOCUMENT AS THE “POLO PARK PARTICIPANTS’ IN THE EVENT OF INJURY OR DAMAGES TO YOU PERSONALLY OR TO YOUR PROPERTY, INCLUDING INJURY OR DAMAGE RESULTING FROM THE ORDINARY NEGLIGENCE OF THE POLO PARK PARTICIPANTS AND THEIR EMPLOYEES.
IT ALSO PROVIDES THAT YOU HEREBY WAIVE THE FOLLOWING LANGUAGE OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” HAVING REVIEWED THIS PROVISION, THE UNDERSIGNED NEVERTHELESS VOLUNTARILY WAIVES THE PROVISION AND RELEASES THE “POLO PARK PARTICIPANTS” FROM ALL LIABILITY FOR CLAIMS ARISING OUT OF THE MATTERS SET FORTH HEREIN REGARDLESS OF HIS KNOWLEDGE OF THE EXISTENCE OF ANY SUCH CLAIMS.
IT ALSO PROVIDES THAT YOU WILL BE FULLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO ANY PERSONS OR PROPERTY CAUSED BY YOU OR BY YOUR GUESTS, EMPLOYEES OR CONTRACT WORKERS OR BY ANY OTHER PERSON USING YOUR PROPERTY AND THAT YOU WILL HOLD THE “POLO PARK PARTICIPANTS” HARMLESS FROM AND AGAINST ANY LIABILITY FOR SUCH INJURIES AND DAMAGE.
THE UNDERSIGNED EXPRESSLY AGREES THAT THIS DOCUMENT IS A CONTRACT AND AGREES THAT IF A LAWSUIT IS FILED AGAINST THE “POLO PARK PARTICIPANTS”, ITS STABLES OR ITS OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OR AGENTS, FOR ANY INJURY OR DAMAGE IN BREACH OF THIS CONTRACT, THE UNDERSIGNED WILL PAY ANY AND ALL ATTORNEY FEES AND COSTS INCURRED BY THE “POLO PARK PARTICIPANTS” IN DEFENDING SUCH AN ACTION.
THIS DOCUMENT IS IMPORTANT - READ IT CAREFULLY AND COMPLETELY BEFORE SIGNING IT.
- I understand that the Polo Park Participants own and operate private ranches used for the training, riding, boarding and pasturing of horses, as well as common areas including, but not limited to, a polo field used for playing the game of polo, an exercise track, riding arena, reservoir, equipment yard, roads, riding trails and other premises and facilities used for related or incidental purposes (collectively, the “Polo Park Premises”) and that the nature of the business, operations and activities conducted by the Polo Park Participants on the Polo Park Premises, as well as the nature of the Polo Park Premises themselves, are inherently dangerous.
- I recognize that any activity utilizing horses for riding, training, boarding, and/or playing polo can, and often does, result in injury, death and/or damage to the persons who are engaging in these activities, to bystanders not engaging in these activities, and to the animals and personal property owned by those persons.
- I also specifically understand that polo is a very aggressive sport, which, by its nature, involves a very high risk of injury, death and/or damage to persons, animals, and property. I also understand that the training of polo horses and players is likewise an aggressive activity involving a very high risk of injury, death and/or damage.
- I also understand and acknowledge that: (i) in addition to horses, other kinds of animals, including but not limited to dogs, cattle, goats, sheep, mules, donkeys and ponies, are boarded on, may be ridden or led on or roam freely around the Polo Park premises; (ii) that farm landscaping and other heavy equipment is in constant use on the Polo Park premises; and (iii) that horses may shy, buck, spook or otherwise become uncontrollable upon being confronted with or put in the proximity of such animals or equipment, or at their sight, smell, bark or other normal actions, resulting in the possibility of injury, death and/or damage to the riders, owners or other persons attempting to work with, train or transport such horses and to others in their proximity.
- I also realize that, under the circumstances, neither my actions nor the actions of any other persons not the actions of animals can be controlled by the Polo Park Participants and that, therefore, the Polo Park Participants cannot guarantee my safety nor the safety of my animals or property while on Polo Park Premises or while using Polo Park facilities.
- In consideration for the Polo Park Participants permitting me to utilize the Polo Park Premises and related facilities and equipment, I hereby knowingly and voluntarily:
- Accept full and complete responsibility for: (i) my own safety, (ii) the safety of my family members, guests, employees, contract workers, and all persons who may, from time to time, utilize the Polo Park facilities or be present on the Polo Park Premises as their guests, invitees, employees, or in any other capacity, (iii) the safety and well being of the animals (i.e. horses, dogs, etc.) brought on, or permitted to be boarded or ridden on the Polo Park Premises and (iv) the safety of my property and the property of the persons described above; and
- Give up, waive, release and relinquish in perpetuity any and all rights to make any claim or to bring proceedings, in court or otherwise, on any claim which I might now have, or which might arise in the future (including without limitation a claim for damages, injury or death based upon the ordinary negligence of the Polo Park Participants and their employees), against the Polo Park Participants or any of them as a result of any damage, injury or loss to myself or my animals or property while on the Polo Park Premises from any cause whatsoever, including but not limited to: (i) use of Polo Park facilities, (ii) use of Polo Park equipment, (iii) presence on Polo Park Premises, (iv) participation in Polo Park activities (v) actions of Polo Park employees, contract workers, guests and invitees, and (vi) actions of any other persons or animals owned by other persons whether of the Polo Park Participants or any of them: and
- Agree to indemnify, hold harmless and defend the Polo Park Participants from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, costs, or expenses of whatever kind or nature, including attorney’s fees, which the Polo Park Participants may sustain or incur for any injury or damage which may be incurred by anyone else either personally or to their animals or property as a result of (i) my actions (ii) the actions of any animal brought on, or permitted to be brought on the Polo Park Premises by me, or (iv) the actions of any of the animals brought on or permitted to be brought on the Polo Park Premises by any of the persons described above; and
- Agree that the waiver and indemnities contained herein shall be binding upon myself and my heirs, legal representatives, successors, and assigns and shall inure to the benefit of the Polo Park Participants, their heirs, legal representatives, successors, and assigns; and
- Promise that I will cause payment to be made to the Polo Park Participants on account of any such claims, actions, demands, proceedings, liabilities, losses, damages, costs, or expenses against which I have agreed to indemnify the Polo Park Participants, as stated above, on or before the time that the Polo Park Participants shall be compelled to make any such payment or to reimburse the Polo Park Participants for any such payment which shall have been made by them or any of them.
- State unequivocally that I have personal health insurance as required by law.
FOR ALL PURPOSES OF THIS WAIVER AND INDEMNITY AGREEMENT, THE TERM “POLO PARK PARTICIPANTS” SHALL MEAN AND INCLUDE THE GREEN HORSE POLO PARK OWNERS ASSOCIATION, INC., A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, DEER CREEK FARMS, A GENERAL PARTNERSHIP, including but not limited to: William Cort and Katherine Linfoot; Kathleen A. Weber, Sue M. Weber, The Kathleen A. Weber Family Trust, U.T.D. August 31. 2016, Kathleen A. Weber, Inc., dba Sudoka Ranch, and Weber Properties LLC.; Mary Masterson; Dina Stuart, Joseph Stuart, and Woody Stuart, Carnation Farms Polo LLC¸ a California limited liability company, the Dina Stuart Revocable Trust UDT 7/6/06, and The William W. Stuart Trust dated 2/27/90; John and Tania Paneno, Deepvine Ventures LLC.; Timothy F. and Melissa K. Kelly, Jorge and Neasa Ferrau; Caroline Marie Guillemetter Anier, or her Successor, as Trustee of the Caroline Marie Guillemetter Anier Trust, dated April 13, 2022; Richard L. Varge, Christina Bergsma, and The CMB Trust; Orange County Polo Club, Rancho Silverado Stables LLC, and Rancho Arroyo LLC; Thomas Sprung, Heavy Metal Investments LLC.; Gerald Norris, Kelli Norris, Trevor Michael Norris, McKenna Maree Norris DBA MTN Equine, MTN Property Holdings, LLC.; William Devane individually and as trustee of William Devane Family Trust; Serafina Wirth & Los Susenos Equestrian, LLC.; Birgit Walbaum and Duncan Haas, Vista View Ranch, LLC.; Gabriel and Elizabeth Aul; and all other members from time to time of the Deer Creek Polo Park Association, Inc. a California Nonprofit Mutual Benefit Corporation.