GUEST / VISITOR EQUINE ACTIVITY RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, DEFENSE, AND INDEMNITY AGREEMENT

THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, DEFENSE OBLIGATIONS, AND INDEMNITY AGREEMENT WHICH MAY SUBSTANTIALLY LIMIT YOUR LEGAL RIGHTS. THE INCLUSION OF MINOR(S) ADDITIONALLY SUBSTANTIALLY LIMITS MINOR’S(S’) RIGHTS.

PLEASE READ CAREFULLY BEFORE SIGNING.

This Guest / Visitor Equine Activity Release, Waiver of Liability, Assumption of Risk, Defense, and Indemnity Agreement (“Release”) is entered into by the undersigned guest, visitor, spectator, rider, family member, contractor, invitee, photographer, vendor, volunteer, or other person entering the property (“Participant”) in favor of Reciprocity Ranch LLC, the operators of the equine facility located at 16510 Franzen Farm Rd., San Diego, California 92127, together with all landowners, Franzen Farm Road Realty LLC, lessors, members, managers, officers, directors, employees, trainers, instructors, contractors, volunteers, agents, affiliated entities, insurers, successors, assigns, and ASSOCIATES (collectively “Released Parties”).

This Release applies to all equine activities occurring on or associated with the property.

1. ACKNOWLEDGMENT OF DANGEROUS ACTIVITIES

PARTICIPANT UNDERSTANDS, ACKNOWLEDGES, AND EXPRESSLY AGREES THAT HORSE ACTIVITIES AND ENTRY UPON RANCH PROPERTY ARE INHERENTLY DANGEROUS ACTIVITIES WHICH MAY RESULT IN SERIOUS INJURY, PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS.

Participant understands horses are unpredictable animals capable of dangerous and sudden behavior regardless of training, handling, supervision, confinement, or past performance.

Participant acknowledges that risks include, without limitation:

kicking;

biting;

bucking;

rearing;

striking;

stumbling;

falling;

collisions;

horse escape;

herd behavior;

tack failure;

gate failure;

fence failure;

uneven terrain;

slippery surfaces;

holes;

wildlife;

insects;

reptiles;

ranch equipment;

vehicles;

trailers;

weather; 

fire;

wildfire;

flooding;

acts of nature;

negligent acts of others particpants;

negligent acts of guests;

negligent acts of third parties;

negligent supervision;

limited supervision; and

the ordinary negligence of Released Parties.

Participant acknowledges serious injury or death may occur even where reasonable precautions are taken.

2. EXPRESS ASSUMPTION OF RISK

PARTICIPANT VOLUNTARILY AND EXPRESSLY ASSUMES ALL RISKS OF INJURY, DEATH, PROPERTY DAMAGE, ECONOMIC LOSS, OR OTHER LOSS ARISING OUT OF OR RELATED TO:

entering the property;

observing horse activities;

walking near horses;

entering horse areas;

feeding horses;

grooming horses;

horse handling;

riding;

use of tack or equipment;

mounting or dismounting;

horse transportation;

loading or unloading horses;

equine training activities;

turnout;

boarding;

ranch operations;

exposure to horses;

exposure to equine facilities; and 

presence on the property.

This assumption of risk applies whether risks are known or unknown, foreseeable or unforeseeable.

3. RELEASE OF LIABILITY

IN CONSIDERATION OF BEING ALLOWED TO ENTER THE PROPERTY OR PARTICIPATE IN EQUINE ACTIVITIES, PARTICIPANT, FOR THEMSELVES, MINOR(S), AND THEIR SPOUSE, FAMILY MEMBERS, HEIRS, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, INSURERS, ESTATE, AND ANY PERSON CLAIMING THROUGH PARTICIPANT, HEREBY RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, OR ATTORNEY’S FEES OF ANY KIND ARISING OUT OF OR RELATED TO:

bodily injury;

death;

emotional distress;

property damage;

premises conditions;

horse activities;

horse injury;

horse illness;

horse death;

horse escape;

horse behavior;

premises condition;

herd turnout;

equipment failure;

tack failure;

fire;

theft;

transportation;

disease;

veterinary treatment;

evacuation;

acts of nature;

negligent supervision;

limited supervision; or

the ordinary negligence of Released Parties.

THIS RELEASE APPLIES TO ALL CLAIMS WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEN OR UNFORESEEN.

4. CALIFORNIA CIVIL CODE SECTION 1542 WAIVER

PARTICIPANT EXPRESSLY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

“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.”

5. NO WARRANTY OF SAFETY

Participant acknowledges that Released Parties cannot and do not guarantee the safety, condition, temperament, supervision, health, or suitability of any horse, pasture, structure, fencing, tack, trailer, gate, footing, equipment, ranch area, or activity.

Participant further acknowledges that accidents may occur despite reasonable precautions.

6. DEFENSE, INDEMNITY, AND HOLD HARMLESS

Participant shall defend, indemnify, release, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, liabilities, damages, judgments, settlements, fines, penalties, liens, costs, expenses, attorney’s fees, expert fees, investigative expenses, and litigation costs of every kind or nature whatsoever, whether incurred before suit, during litigation, on appeal, or otherwise, arising out of or related in any way to:

a. Participant’s and Minor’s presence on the property;

b. Participant’s and Minor’s riding, handling, observing, boarding, training, photographing, transporting, supervising, feeding, grooming, or exposure to horses;

c. Any act or omission of Participant and Minor(s) or Participant’s and Minor’s family members, guests, invitees, contractors, photographers, riders, trainers, or service providers;

d. Injury, death, or property damage suffered by any person, horse, animal, or property arising from or related to Participant or Minor; or

e. Any allegation that a Released Party was negligent, except to the limited extent caused by gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

These obligations shall survive departure from the property.

7. FIRE / EVACUATION / DISASTER RISKS

Participant acknowledges wildfire, fire, severe weather, flooding, evacuation, and disaster risks associated with rural Southern California horse properties.

Released Parties shall retain sole discretion regarding:

evacuation timing;

property access;

transportation decisions;

emergency procedures;

horse relocation;

turnout decisions; and

emergency restrictions.

Released Parties shall not be liable for injury, death, illness, theft, transportation decisions, or property damage arising from emergencies, governmental evacuation orders, wildfire, acts of nature, utility interruption, or other events beyond their reasonable control.

8. SURVEILLANCE / RECORDING CONSENT

Participant acknowledges that portions of the property may be monitored or recorded by surveillance cameras, photography, or video equipment for operational, evidentiary, safety, promotional, or security purposes.

Participant consents to such recording on behalf of Participant and Minor(s).

Participant further agrees not to commercially photograph, film, livestream, drone-record, or publish commercial content from the property without prior written approval from Reciprocity Ranch LLC.

9. MINORS

If signing on behalf of a minor, the undersigned parent or legal guardian:

represents having full legal authority to sign;

agrees to all terms of this Release on behalf of the minor;

assumes all risks on behalf of the minor; and

agrees to indemnify and hold harmless Released Parties from any claims asserted by or on behalf of the minor.

10. NO ORAL REPRESENTATIONS

Participant acknowledges that no oral statements or representations by any Released Party modify or waive the terms of this Release.

Participant is not relying upon any oral promise or representation not expressly contained herein.

11. ELECTRONIC SIGNATURES

Electronic signatures, scanned signatures, electronic copies, and PDF copies shall be treated as originals and fully enforceable.

12. MEDIATION

Prior to filing litigation, Participant agrees to first attempt in good faith to resolve disputes through mediation in San Diego County, California.

Nothing herein shall prevent Released Parties from seeking immediate injunctive relief, emergency relief, lien enforcement, collection remedies, or actions necessary to protect persons, horses, or property.

13. GOVERNING LAW AND VENUE

This Release shall be governed by and construed in accordance with the laws of the State of California.

Venue for any dispute arising from or related to this Release shall be exclusively in San Diego County, California.

14. ATTORNEY’S FEES

Released Parties shall be entitled to recover attorney’s fees and costs incurred in enforcing this Release, whether or not litigation is filed.

In any dispute arising from this Release, the prevailing party shall additionally be entitled to recover reasonable attorney’s fees and costs.

15. SEVERABILITY

If any provision of this Release is determined invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain fully enforceable and shall continue in full force and effect.

16. ENTIRE AGREEMENT

This Release constitutes the entire agreement concerning assumption of risk, waiver of liability, and indemnity relating to equine activities involving Released Parties.

No oral modification shall be enforceable.

Any modification must be in writing signed by Released Parties.

17. ACKNOWLEDGMENT

PARTICIPANT ACKNOWLEDGES THAT THIS DOCUMENT IS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, DEFENSE OBLIGATION, AND INDEMNITY AGREEMENT WHICH MAY SUBSTANTIALLY LIMIT PARTICIPANT’S AND MINOR’S(S’) LEGAL RIGHTS.

PARTICIPANT FURTHER ACKNOWLEDGES HAVING HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL PRIOR TO SIGNING THIS RELEASE.

PARTICIPANT ACKNOWLEDGES HAVING READ THIS ENTIRE DOCUMENT CAREFULLY, UNDERSTANDS ITS TERMS, UNDERSTANDS IT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED UNDER CALIFORNIA LAW, AND SIGNS IT FREELY AND VOLUNTARILY.