WAIVER, RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.
HORSE AND RANCH ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING THE RISK OF SERIOUS INJURY OR DEATH.
1. Parties & Locations
This Agreement is between the undersigned Participant and Monica O. Knight dba United Mustangs of America ("UMA").
If the Participant is under 18 years of age, the undersigned Parent/Guardian enters into this Agreement both individually and on behalf of the minor Participant.
For purposes of this Agreement, the "Released Parties" include Monica O. Knight dba United Mustangs of America, UMA coaches, employees, volunteers, agents, contractors, assistants, event hosts, and the owners, operators, and lessors of facilities used for UMA activities, including, without limitation, the properties located at 2550 Tienda Pl., Arroyo Grande, CA 93420 and 2565 Fowler Ln., Arroyo Grande, CA 93420, as well as other UMA-approved locations.
2. Acknowledgment and Assumption of Risk
I understand that horses are large, powerful, independently acting animals and that equine and ranch activities involve inherent and unpredictable risks.
These risks include, but are not limited to: falls; being kicked, bitten, stepped on, struck, pushed, pulled, dragged, or pinned; bucking, rearing, spooking, bolting, tripping, slipping, stopping suddenly, or changing speed or direction; collisions with horses, people, animals, fencing, gates, vehicles, equipment, structures, or terrain; tack or equipment movement, breakage, or failure; uneven, slippery, muddy, rocky, or otherwise changing footing and surfaces; weather and environmental conditions; wildlife, insects, dogs, cats, livestock, and other animals; the conduct or movement of other riders, students, handlers, spectators, visitors, or participants; and other known or unknown risks associated with being on or around horses, ranches, barns, arenas, trails, vehicles, equipment, and agricultural environments.
I understand that these risks may arise while riding; handling horses from the ground; grooming; leading; catching; observing; participating in lessons, practice sessions, horse care, clinics, demonstrations, hauling-related activities, or other UMA equine or ranch activities.
I voluntarily choose to participate, or allow my minor child to participate, with knowledge of these risks. I knowingly assume the inherent risks associated with participation and with being present in horse and ranch environments, whether at UMA's regular facility, another facility, or an UMA-related off-site activity. I understand that no horse, premises, route, arena, corral, trail, piece of equipment, or equine activity can be made completely free of risk.
3. Release of Liability for Ordinary Negligence
To the fullest extent permitted by California law, I release, waive, and discharge the Released Parties from claims for personal injury, death, property damage, or other loss arising from my participation, or my minor child's participation, in UMA-related equine or ranch activities, including claims caused in whole or in part by the ordinary negligence of a Released Party.
I understand that this release includes ordinary negligence associated with matters such as instruction, supervision, horse selection or matching, handling, equipment or tack, maintenance, premises conditions, and the acts or omissions of the Released Parties when connected with the activities covered by this Agreement.
I understand that by signing this Agreement, I am giving up the right to bring certain claims against the Released Parties for their own ordinary negligence.
This release does not apply to gross negligence, reckless misconduct, willful or intentional misconduct, or any other liability that cannot lawfully be released or waived under California law.
4. Indemnity for Participant-Caused Third-Party Claims
To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from reasonable losses, damages, and costs arising from third-party claims to the extent caused by my, or my minor child's, negligent, reckless, intentional, or unauthorized conduct, including failure to follow UMA safety rules or instructions.
This indemnity does not require me to indemnify a Released Party for that party's gross negligence, reckless misconduct, willful misconduct, or other liability that cannot lawfully be shifted by agreement.
5. Safety Rules, Helmets & Fitness to Participate
I agree to follow UMA safety rules, posted instructions, and directions given by UMA representatives. I understand that UMA may change, pause, restrict, or stop an activity at any time when UMA determines that safety, horse welfare, facility conditions, participant readiness, or other circumstances require it.
A properly fitted equestrian helmet certified by SEI to the current ASTM F1163 equestrian helmet standard is required for all mounted activities and for groundwork with mustangs in training. UMA may require a helmet for other groundwork, horse handling, or activities when appropriate for safety.
I am responsible for informing UMA of any medical condition, recent surgery, injury, broken bone, physical limitation, seizure disorder, medication effect, allergy, or other health-related circumstance that may materially affect safe participation or require an accommodation. UMA may require medical clearance before participation when reasonably necessary for safety.
6. Emergency Medical Assistance
If I, or my minor child, am injured or become ill during a UMA activity, I authorize UMA representatives to provide or seek reasonable first aid and emergency medical assistance when circumstances warrant. I am responsible for my own, or my minor child's, medical care, health insurance, transportation, and related expenses.
7. Future Application & Withdrawal
This Agreement applies to the introductory session and to future UMA-related equine and ranch activities in which the Participant takes part unless replaced by a later agreement.
If the Participant or Parent/Guardian notifies UMA in writing that they no longer agree to this Agreement, that notice applies only to future participation and does not affect activities that occurred before UMA received the notice.
A current waiver and release is a condition of participation in UMA equine and ranch activities. After such notice is given, the Participant may not participate again unless and until a current UMA waiver is completed.
8. Miscellaneous
Governing Law and Venue: This Agreement is governed by California law. Venue for disputes arising from this Agreement shall be San Luis Obispo County, California, to the fullest extent permitted by law.
Severability: If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
No Oral Modification: I am not relying on any oral statement that changes or contradicts this Agreement. Any modification to this Agreement must be in writing and agreed to by the parties.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT HORSE AND RANCH ACTIVITIES CAN RESULT IN SERIOUS INJURY OR DEATH. I UNDERSTAND THAT I AM VOLUNTARILY ASSUMING RISKS AND GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR CLAIMS ARISING FROM THEIR OWN ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW.
For a minor Participant: I certify that I am the Participant's parent or legal guardian, that I have authority to enter into this Agreement on the minor Participant's behalf, and that I agree to its terms both individually and on behalf of the minor Participant.