WAIVER, RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.
HORSE ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING THE RISK OF SERIOUS INJURY OR DEATH
1. Parties & Locations
This Agreement is between the undersigned (“Participant” and, if applicable, Parent/Guardian) and Monica O. Knight dba United Mustangs of America (“UMA”), including UMA’s owners, officers, coaches, employees, volunteers, agents, insurers, contractors, event hosts, and landowners/lessors (including, without limitation, 2550 Tienda Pl., Arroyo Grande, CA 93420; 2565 Fowler Ln., Arroyo Grande, CA 93420; and any other UMA-approved locations) (collectively, the “Released Parties”).
2. Acknowledgment of Risks and Assumption of Risk
I understand that equine activities are inherently risky and may be dangerous. These risks include, but are not limited to: falls; collisions with animals, people, objects, equipment, fencing, gates, vehicles, or terrain; unpredictable horse behavior such as bucking, rearing, kicking, biting, spooking, bolting, tripping, slipping, stopping short, or sudden changes in speed or direction; equipment failure; weather conditions; footing and surface hazards; wildlife, insects, and other animals; and the actions or inactions of other riders, students, handlers, spectators, visitors, or participants.
I understand these risks may occur while riding, handling horses from the ground, grooming, leading, observing, participating in lessons, clinics, practice sessions, horse care, hauling-related activities, or other ranch and equine activities connected with United Mustangs of America.
I voluntarily choose to participate, or allow my minor child to participate, and I knowingly assume the inherent risks of being on or around horses and ranch environments, whether on UMA premises, at another facility, or at an off-site UMA-related activity.
3. Release of Liability for Ordinary Negligence and Indemnity
To the fullest extent permitted by California law, I release, waive, and discharge United Mustangs of America, Monica Knight, Horse Handling Science United, property owners, facility owners, instructors, assistants, volunteers, contractors, agents, representatives, and any other related released parties from any and all claims for injury, death, loss, or property damage arising out of my participation, or my minor child’s participation, in UMA-related equine or ranch activities, including claims arising from the ordinary negligence of the Released Parties.
This release does not apply to claims for gross negligence, reckless misconduct, willful misconduct, or any other liability that California law does not allow to be released by agreement.
I further agree to defend, indemnify, and hold harmless the Released Parties from any claim, demand, loss, damage, expense, or attorney’s fees brought by or on behalf of me, my minor child, or any third party arising from my participation, my minor child’s participation, or my failure to follow UMA rules or instructions, except to the extent prohibited by law.
4. Safety Rules, Helmets, and Fitness to Participate
I agree to follow all UMA rules, posted instructions, and directions given by Monica or UMA representatives. I understand that Monica may change, pause, or stop an activity at any time for safety reasons.
I understand that properly fitted ASTM/SEI-certified equestrian helmets are required for mounted activities. I also understand that Monica may require a helmet for certain groundwork, horse handling, mustang work, or other activities when she determines it is appropriate for safety.
I certify that I, or my minor child, am physically and mentally able to participate in the activities selected. I agree to disclose any medical condition, injury, disability, allergy, fear, medication, or other concern that may affect safety or participation.
5. Conditions of Nature, Animals, and Facilities
I understand that ranch and equine environments include changing and unpredictable conditions. These may include, but are not limited to: uneven ground, dirt, mud, manure, gates, panels, fencing, corrals, arenas, trails, vehicles, equipment, tools, hoses, water areas, feed, wildlife, insects, dogs, cats, livestock, weather, footing changes, and other natural or facility-related hazards.
I accept these risks and understand that the Released Parties make no warranty or guarantee regarding the safety of any premises, route, arena, corral, trail, equipment, horse, or activity.
6. Medical Treatment and Insurance
If I, or my minor child, am injured or become ill, I authorize UMA representatives to seek or provide first aid and emergency medical assistance as reasonably necessary. I understand that I am responsible for my own medical care, health insurance, and all related costs. I will not rely on UMA or the Released Parties to provide insurance coverage for me or my minor child.
7. Photo, Video, and Educational Media
I understand that UMA may use lesson-related photos or videos for internal education, student progress documentation, safety review, and private program use within UMA or HHSU. Public, marketing, social media, or promotional use is governed by UMA’s separate Media & Content Consent, where media preferences may be selected.
8. Program Policies and Ongoing Participation
I understand that this waiver applies to the introductory session and to any future UMA-related activities unless revoked in writing. Revocation applies only going forward and does not affect any activity that occurred before UMA received the written revocation.
I understand that ongoing participation, membership, Horse Lab, volunteering, guardianship, clinics, hauling, off-site activities, or other UMA programs may require additional policies, agreements, payments, or approvals.
9. Miscellaneous
- Governing Law and Venue: This Agreement is governed by California law. Venue for any dispute shall be San Luis Obispo County, California.
- Severability: If any part of this Agreement is found unenforceable, the remaining parts 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 must be in writing and signed by UMA.
- Term: This Agreement is effective upon signing and applies to the introductory session and current or future UMA-related equine and ranch activities, unless revoked in writing. Revocation is prospective only.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR CLAIMS ARISING FROM ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW.