• TRUE NORTH FARM LLC - RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

  • READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER MONETARY DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE STABLE, THE PROPERTY OWNERS, ANY RESIDENTS OR TENANTS LIVING ON THE PROPERTY, FAMILY MEMBERS, EMPLOYEES AND AGENTS AND ANY TRAINERS AT THE STABLES, AND THEIR EMPLOYEES AND AGENTS ("THE RELEASEES").

  • In consideration for allowing the undersigned and/or his or her minor child to participate in horse related activities at True North Farm LLC., 3049 Camino Del Ranch Encinitas CA 92024, I hereby:
  • 1. Acknowledge and agree that a horse may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person's feet, push or shove a person, or saddles, bridles, or other equipment may loosen or break - all of which may cause serious injury or death to any person on or within close proximity of said horse.
  • 2. Acknowledge and agree that no horse is completely safe. I acknowledge and agree to assume all risks of injury or death associated with horse related activities based upon their unpredictable nature.
  • 3. Acknowledge that equestrian related activities such as riding, handling, or being in close proximity to a horse is an inherently dangerous activity and involves risks that may cause serious injury or death because of the unpredictable nature and irrational behavior of horses, regardless of their training or past performance.
  • 4. Release, discharge and promise not to sue the Releasees for any loss, damage, injury, death, arising out of the participation of horse related activities including, without limitation, handling, riding, or being in close proximity of a horse, or on the premises of the stable or the failure to wear a protective helmet when riding, handling, or being in close proximity of a horse, or the use of saddles, bridles, equipment and gear provided by the Releasees.
  • 5. Release the Releasees from any and all claims arising out of the negligence of the Releasees in connection with the participation in horse related activities including, without limitation, training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction on riding skills, leading and supervising riders, or the use of any saddles, bridles, equipment and gear provided by the Releasees or being on the premises of the stable, which results in loss, damage, injury or death.
  • 6. Indemnify, and save and hold harmless the Releasees from and against any loss, liability, damage or death that may arise out of the participation in horse related activities including, without limitation, handling, riding, or being in close proximity of a horse or on the premises of the stable or the failure to wear a protective helmet or other gear when riding a horse and/or and use of saddles, bridles, equipment and gear provided by the Releasees.
  • 7. Acknowledge and agree to abide by and follow any instructions given or rules established by the Releasees or any of its employees, trainers or workers with regard to the participation in equestrian related activities, including, without limitation, handling, riding, or being in close proximity of a horse, or on the premises of the stable, or the failure to wear a protective helmet when handling, riding or being in close proximity of a horse, or the use of any saddles, bridles, equipment and gear provided by the Releasees.
  • 8. Acknowledge and agree to read and understand 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 or her favor at the time of executing the release which, if known by him or her, must have materially affected his settlement with the Debtor."
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  • Having reviewed this provision, the undersigned nevertheless voluntarily releases the Releasees from any and all liability for claims arising out of the matters set forth herein. The undersigned understands the word "claims" includes, without limitation, all actions, claims and grievances, whether actual or potential, known or unknown, and specifically but nonexclusively, all claims arising out of the matters set forth herein. All claims are forever barred by this release without regard to whether those claims are based on the alleged breach of duty arising under contract or in tort or any other claims or cause of action.
  • 9. Acknowledge and agree that this release and waiver of liability, assumption of risk, and indemnity agreement is governed by laws of the State of California and is intended to be as broad and inclusive as is permitted by law, and that in the event any portion of this release is determined to be invalid, illegal, or unenforceable for any reason, the balance thereof shall not be effected or impaired in any way and shall continue in full legal force and effect.
  • 10. Acknowledge and agree that this document is a binding contract and agree that if a lawsuit is filed against the Releasees for any injury, damage, death or breach of this contract, the prevailing party shall be entitled to a recovering of reasonable attorney's fees and costs (whether incurred before or after entry of judgment).
  • 11. Acknowledge and recognize that there are other risks, hazards and dangers that are associated with horse related activities in an outdoor environment. I am aware and understand that rain may cause surfaces and grounds to become slippery. I am also aware and understand that grounds at the facility can become less stable after a rain or reveal gopher holes. I understand this property is located next to Escondido Creek, which overflows during storms and causes flooding on the bottom of the property and have inspected the property to confirm I have deemed it acceptable and safe for boarding and working with my horse.
  • 12. Acknowledge and recognize that in the ordinary course of business, motor vehicles enter and exit the facility in close proximity to the same areas in which horses are kept, groomed or ridden. Furthermore, tractors and other machinery are used in the operation and maintenance of the facility. I further acknowledge and recognize that the description of the risks in this document is not a complete list and that there are other risks, hazards and dangers associated with participating in equestrian activities in an outdoor environment that may be unknown or unanticipated.
  • 13. Acknowledge and recognize that management dogs are allowed on the premises and that there are risks and dangers that exist when dogs, horses and humans interact. Dogs, similar to horses, are unpredictable and may react to acts and conduct of other individuals or animals. I further acknowledge and recognize that there are risks associated with participating in horse related activities in the presence of dogs that may be unknown or unanticipated.
  • 14. Acknowledge and agree that the Releasees have advised that all riders must wear protective headgear which meets or exceeds the quality standards of the SEI Certified/ASTM Standard F 1163 equestrian helmet at all times while riding. I understand that wearing of such headgear while mounting, riding, dismounting, or otherwise being around horses may prevent or reduce the severity of some head injuries; however, I acknowledge and agree that wearing a helmet may not prevent injuries or death in all circumstances.
  • 15. Acknowledge that the facility owners live onsite, and the residence is located in close proximity to the arenas and barns. I further acknowledge and recognize that there could be unknown or unanticipated movements, noises and events that occur due to day to day life with children, workers and guests both on the stable and visiting the residence.
  • 16. Acknowledge that Cavallina Farms/Ashley Taylor is leasing 3049 Camino Del Rancho Encinitas CA 92024 under a dry stall agreement and Cavallina Farms is responsible for all care, custody and control of all horses and client horses onsite. This includes purchasing hay, feeds, bedding and feeding, cleaning stalls and checking automatic waterers or providing water buckets as needed. Indemnify, and save and hold harmless the Releasees (True North Farm LLC, its owners, family members, employees, and agents from any liability around all care, custody and control for all horses on this property.
  • I attest for myself and any minor children for whom I am parent, legal guardian, or otherwise responsible and for my/our heirs, personal representatives or assigns, hereby acknowledge the risks of injury or damage (to property, personal injury and/or death) involved in participating in horseback riding, being around and/or touching a horse. I understand that there is a risk in riding and being near live animals and acknowledge that my/our participation in this activity is purely voluntary. I assume full responsibility for myself and any minor children for whom I am parent, guardian or otherwise responsible, for any bodily
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  • injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while I/we participate in activities on the property.

    I attest that I/we participating in the activity further agree to abide all safety instructions, and provided while I/we are for myself and any minor children for whom I am parent, legal guardian, or otherwise responsible, and for my/our heirs, personal representatives, or assigns, hereby release, acquit and forgive Jessica Lundgren, True North Farm LLC, the property owners, residents, its principals, officers, agents, employees, family members and volunteers ("Releases") from any and all liability of any nature for any and all injury or damage (including property damage, personal injury, illness, paralysis, and/or death) tome or said minor children and other persons as the result or my/our participation in activities on the property.

    I have read this document in its entirety and I understand it is a promise not to sue and to release and indemnify the Releasees for any and all claims for damages, injuries, or death. I have made a free and deliberate choice to sign the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement as a condition to participation in horse related activities (handle, ride, or be in close proximate of a horse).

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  • *MINORS MUST HAVE THE FOLLOWING SECTION EXECUTED BY THEIR PARENTS OR LEGAL GUARDIAN(S)
    We, the undersigned parents of for and in consideration of our child's participation in horse related activities at True North Farm, do hereby acknowledge and agree that we have read the release and waiver of liability/assumption of the risk and indemnity agreement written hereinabove and we expressly agree that the terms and conditions of said waiver, release and hold harmless shall apply to and be binding upon us, our insurer, and our minor child insofar as it pertains to his or her participation in horse related activities, and to any injury, death or damage said minor child, or his or her horse, may sustain or cause as a result of said participation. We further warrant and represent that we have current health and accident insurance on said minor child, which shall remain in full force and effect while said minor child participates in horse related activities at True North Farm.
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  • BARN RULES

  • RELEASE FORMS: Release forms are required for everyone who comes on to the facility grounds - family, friends, and workers. Everyone will be held responsible for their children and any guests for the safety of riders, guests and horses. Please tell us prior to arrival, so forms can be printed in advance or links can be sent out.
  • RESPECT: Please treat our property like a place you are proud of. Clean up used drinks, trash and help keep it looking clean and loved.

  • HOURS: Barn hours are from 8am-6pm Tuesday-Sunday for clients. Mondays are closed for maintenance. Horses can be put on the walker or in turnout on Monday, but management will need to have access to turnouts/round pens/arenas as needed for maintenance.
  • SMOKING: No smoking within the property lines.
  • WALKER USAGE: Only trained workers are allowed to operate the walker control panel to avoid damage. Clients will need to add this service for access.
  • CLEANLINESS: All manure must be removed from common areas and  washracks, not flushed down drains. All areas used for grooming, washing or clipping should be cleaned to their respective state upon completion.

  • LUNGING & TURNOUTS: No lunging in the riding arenas. No turnouts in round pens. The round pen should be raked if a horse leaves excessive ruts in consideration for the next horse. Use turnouts for free lunging. If a horse is prone to kicking or charging fences, they should not be turned loose and should be kept slightly off the rail while lunging to not damage fencing.
  • PERSONAL ARTICLES: All tack and supplies, except a halter and blanket, are to be stored in the tack rooms or in tack trunks. We are not responsible for anything lost/stolen on property.
  • UNATTENDED HORSES: At no time will any horse be tied to stalls or fencing. Horses should only be in designated crossties and watched. Horses should not be left in turnouts and walker without watching.
  • PARKING: Please park on the street. Drive 5MPH, watch for animals and park with others in mind.

  • DOGS: Only management/trainers are allowed to bring dogs onsite. Their dogs must be leashed/fenced in.

  • TRAIL RIDING: All boarders should stay on designated trails and use them at their own risk.
  • SAFETY: Properly fitted helmets and heeled boots are required. Follow common arena etiquette and communicate. Lessons have priority in the arena.
  • GRAZING: Please avoid wet/muddy areas. Graze at your own risk. Weeds can come up that could be toxic to horses. Review what your horse has access to and report any dangerous flowers or weeds.
  • MAINTENANCE: Any facility concerns should be brought up directly to your trainer. True North works with trainers to assess requests, prioritize repairs and review timing of work.
  • STALL REQUIREMENTS: No salt/mineral blocks/licks should be hanging on any metal structure, attached to any metal or able to drip/swing onto metal surfaces. Salt blocks may be placed on the ground, in a feed tub or in a plastic holder in an approved location from True North Farm. No additions, boards, mesh, hotwire, tarps, screws, nails are permitted without approval. **Not following these requirements will result in a fine and/or the cost(s) incurred for damages*
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  • CAVALLINA FARMS

    RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
  • RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU (AND if applicable, YOUR CHILD) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE ACTIVE AND/OR PASSIVE NEGLIGENCE OF Ashley Taylor, CAVALLINA FARMS, at the location of 3049 Camino Del Rancho, Encinitas California 92024, AND/OR THEIR AGENTS, EMPLOYEES, GUIDES, HORSE TRAINERS, HORSE INSTRUCTORS, VOLUNTEERS, OFFICERS, DIRECTORS, TRUSTEES, AND/OR REPRESENTATIVES (hereinafter the "Released Parties").
  • SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS EQUESTRIAN ACTIVITY. RELEASED PARTIES DO NOT GUARANTEE THE SAFETY OF INDIVIDUALS, FAMILY MEMBERS, FRIENDS OR THE HORSES INVOLVED IN THIS EQUESTRIAN ACTIVITY WHILE PARTICIPATING IN HORSEBACK RIDING, HORSE BOARDING/STABLING, HORSEBACK RIDING LESSONS, HORSEBACK RIDING INSTRUCTION, OR HORSEBACK WILDERNESS EXPERIENCE TRAIL (as defined in paragraph 1 below) AND HORSE TRAIL EXCURSIONS, ASSOCIATED WITH, OR RELATED TO, A VISIT TO TRUE NORTH FARM/CAVALLINA FARM located at 3049 Camino Del Rancho, Encinitas California 92024 (hereinafter the "Facility"). This document shall hereinafter be referred to as the "Agreement".

  • In consideration for allowing Undersigned (or Undersigned's minor child) to handle and/or ride a horse and/or be in close proximity to a horse and on behalf of Undersigned, Undersigned's child and/or Undersigned's personal representatives, heirs, next-of-kin, spouses and assigns, THE UNDERSIGNED HEREBY ACKNOWLEDGES by executing this Agreement that:
  • That horseback riding is classified as "RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY", and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. Studies show that horse activities are responsible for a significant amount of injuries that result in a stay at U.S. hospitals. Horse related injuries can be severe requiring more hospital days and resulting in more lasting residual effects than injuries in RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT other activities. Undersigned may be participating in a wilderness experience while riding on any local trails in, on or surrounding the Facility. The meaning of this term is "The pursuit of an adventure type activity in an unfenced, rugged, and uncultivated area or region, including, but not limited to forest and/or hills and/or mountains and/or plains and/or wetlands, which would likely be uninhabited by people and inhabited by wild animals of different types, including but not limited to mammals, reptiles, rodents, and insects, which may be savage and unpredictable in nature and wandering at will." Undersigned further acknowledges that a horse, mini horse, donkey, or mule may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person's feet, push or shove a person, saddles or bridles may loosen or break - all of which may cause the rider to fall or be jolted resulting in serious injury or death to the Undersigned or any person within close proximity of a horse. FURTHER, THE UNDERSIGNED ACKNOWLEDGES THAT HORSEBACK RIDING, THE HANDLING OF A HORSE OR BEING IN CLOSE PROXIMITY TO A HORSE IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH because NO horse is a completely SAFE horse. VOLUNTARILY ASSUMES the risk and danger of injury or death inherent in the participation of equestrian activities, including but not limited to, handling or riding of a horse as well as the wilderness experience. The Undersigned further assumes the risk and danger associated with being in close proximity to a horse or on the premises of the Facility. The Undersigned further assumes the risk associated with the failure to wear a protective helmet when riding or handling a horse, and the risk associated with the use of saddles, bridles, equipment and gear provided to Undersigned by any of the Released Parties.
  • RELEASE, DISCHARGE AND PROMISE NOT TO SUE the Released Parties for any loss, damage, injury (including death) or cost to Undersigned or Undersigned's child arising out of the wilderness experience, including but not limited to the handling or riding of a horse or being in close proximity to a horse or on the premises of the Facility or due to the failure to wear a protective helmet when riding or handling a horse, and/or use of saddles, bridles, equipment and gear provided by any of the Released Parties. Undersigned further agrees to release Released Parties from any claim that such Released Parties were negligent in connection with Undersigned or Undersigned's child's equestrian activities including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction on riding skills or leading and supervising riders or the use of any equipment provided by Released Parties or being on the premises of the Facility, which resulted in loss, damage, injury or death. INDEMNIFY, AND SAVE AND HOLD HARMLESS the Released Parties from and against any loss, liability, damage, or cost they may incur arising out of or in any way connected with either Undersigned's or Undersigned's child's participation in equestrian activities, including but not limited to, handling or riding a horse or being in close proximity to a horse or on the premises of the Released Parties or due to the failure to wear a protective helmet when riding or handling a horse and/or and use of saddles, bridles, equipment and gear provided therewith from or contributed to by Undersigned or Undersigned's child's own negligence. agrees to hold Released Parties harmless from any and all claims arising from damage or injury caused by said horse(s) to anyone or anything and defend Released Parties from any and all such claims. In any action indemnified by Undersigned, the Released Parties shall have the right to choose their own legal counsel with all legal fees, costs, expert witness fees, and expenses to be the responsibility of the Undersigned. Agrees to abide by and follow any instructions given or rules established by the Released Parties for any and all equestrian activities and/or equestrian related activities.
  • California Civil Code Section 1542 RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT Agrees that the Undersigned has read and understands 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 releases the Released Parties from any and all liability for claims arising out of the matters set forth herein. The Undersigned understands the word "claims" to include all actions, claims and grievances, whether actual or potential, known or unknown and specifically but nonexclusively, all claims arising out of the matters set forth herein. All claims are forever barred by this release without regard to whether those claims are based on the alleged breach of duty arising under contract or in tort or any other claims or cause of action.
  • The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, indemnity agreement and promise not to sue is governed by laws of the State of California, and is intended to be as broad and inclusive as is permitted by California law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
  • No breach of any provisions of this Agreement can be waived unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. This Agreement may be amended or modified only by a written agreement executed by the parties in interest at the time of the modification. Counterparts/Electronic Signatures. This Agreement may be executed in any number of counterparts, and each such counterpart shall be deemed to be an original instrument constituting this integrated Agreement. The parties expressly agree that signatures exchanged by email or with a digital signature shall be acceptable and binding.
  • The Undersigned further acknowledges that this document represents the entire integrated agreement between the parties with respect to the subject matter set forth above, and supersedes all previous oral and written agreements, communications, representations or commitments.
  • The Undersigned further acknowledges that this document is a contract and agree that if a lawsuit is filed against the Released Parties for any injury or damage in breach of this contract, the Undersigned will pay all attorney's fees, expert witness fees, and costs incurred by the Released Parties in defending such an action.
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  • IT IS ADVISED THAT I, THE UNDERSIGNED, AND/OR MY CHILD, AND ALL RIDERS/HANDLERS WEAR A PROTECTIVE ASTM/SEI APPROVED RIDING HELMET. (PLEASE INITIAL HERE): I, the Undersigned, have read this document. I, the Undersigned, understand it is a promise not to sue and to release and indemnify the Released Parties from any and all claims. I have made a free and deliberate choice to sign the Release and Waiver as a condition of the Released Parties allowing me, the Undersigned and/or my child to participate in equestrian activities, including but not limited to handling or riding a horse or being in close proximity to a horse. I, the Undersigned, have concluded that the risks involved and the Release and Waiver of Liability is worth the pleasure of the equestrian activities experience and acknowledge that the same is valuable consideration for this Release and Waiver of Liability. **** Participants under the age of 18 must have a parent or legal guardian sign.
  • I HAVE READ THE ENTIRE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

    for True North Farms LLC and Cavallina Farms
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  • Format: (000) 000-0000.
  • **** Participants under the age of 18 must have a parent or legal guardian sign. ***
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  • Format: (000) 000-0000.
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