BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. I, {nameOf64} , the undersigned, in consideration of my participation horseback riding, training horses, competing on horses, handling horses, being in close proximity to horses, and other related activities hereby agree to release and discharge Monty and Pat Roberts Inc. dba California Horse Center, Join-Up International Inc., Monty Roberts, Pat Roberts, Debbie Loucks their officers, directors, members, employees, agents, and independent contractors, hereinafter referred to collectively as “CHC,” on behalf of myself, AND my minor child {nameOf} , my heirs, assigns, personal representative and estate as follows:ASSUMPTION OF INHERENT RISKS 1. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), understand and acknowledge that the activity I am about to voluntarily engage in as a participant and/or volunteer bears certain known risks and unanticipated risks that could result in injury, death, illness or disease, physical or mental, or damage to myself, to my property or to spectators or other third parties. An inherent risk of equine activity means danger or condition that is not an integral part of an equine activity. The following describes some but not all of those risks: 1.1. A horse's propensity to behave in ways that may result in injury, harm, or death to a person or one around it. 1.2. The unpredictability of a horse’s reaction to things such as sounds, sudden movement, people, other animals, or unfamiliar objects. 1.2.1. For example, 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 all of which may cause the rider to fall or be jolted, resulting in serious injury or death. 1.3. A hazard such as a surface or subsurface condition. 1.4. Colliding with another horse or object. 1.5. Equipment may fail; saddles or bridles may loosen or break, resulting in serious injury or death. 1.6. Risks caused by other people’s actions, including but not limited to co- participants. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), hereby assume ALL of the risks of participating in horseback riding, training horses, competing on horses, handling horses, being in close proximity to horses, and other related activities. 2. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), acknowledge that horseback riding is a dangerous activity and involves RISKS that may cause SERIOUS INJURY AND, IN SOME CASES DEATH, because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance. 3. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), voluntarily assume the risk and danger of injury or death inherent in the use of the horse, equipment, and gear provided to me by CHC and understand that equipment can fail at any time, thereby resulting in injury. 4. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), voluntarily assume the risk and danger of injury or death inherent in the use of the stables and property located at 901 East Hwy 246, Solvang, California, 93463 and any other location CHC does business.WAIVER OF LIABILITY FOR NEGLIGENCE 5. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), RELEASE, WAIVE, AND DISCHARGE CHC today and on all future dates from ANY CLAIM of injury, death, other damage, or loss resulting from my participation as described above or as a result of the ORDINARY NEGLIGENCE of CHC their employees, agents, and independent contractors, INCLUDING BUT NOT LIMITED TO training or selecting horses, maintenance, care, fit or adjustment of saddles, bridles, or other equipment, instruction on riding skills, or leading and supervising riders and the maintenance and care of the property located at 901 East Hwy 246 Solvang, California, 93463 and any other location CHC does business.INDEMNIFICATION AGREEMENT 6. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree to HOLD HARMLESS, DEFEND, AND INDEMNIFY CHC and their employees, agents, and independent contractors (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from any and all claims of mine, my spouse, family members, or others arising from: 6.1. My or my minor child’s participation in horseback riding, training horses, competing on horses, handling horses, being in close proximity to horses, and other related activities; 6.2. Arising out of or in any way connected with either my use of the horse and any equipment or gear provided; 6.3. Arising out of any acts or omissions of employees or agents OR 6.4. Arising out of claims of co-participants, rescuers, and others as a result of my participation horseback riding, training horses, competing on horses, handling horses, being in close proximity to horses, and other related activities.COVENANT NOT TO SUE 7. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), RELEASE, DISCHARGE, AND PROMISE NOT TO SUE CHC doing business under their own name or any other name and/or any of their employees, agents, or independent contractors, FOR ANY LOSS, LIABILITY, DAMAGE, OR COST WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY (INCLUDING DEATH) TO MY PERSON OR PROPERTY.RULES AND HEALTH STATUS 8. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree to abide by and follow any instructions given or rules established by CHC or any of their employees, agents, or independent contractors with regard to my use of the horse or any equipment provided therewith. 9. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this event or ongoing events and to cover bodily injury or property damages caused to a third party as a result of my participating in this event. If I have no such insurance, I certify that I am capable of personally paying for any and all such expenses or liability. 10. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), represent that, to the best of my knowledge, I do not have any health conditions that would make it inadvisable for me to participate in equestrian activities. 11. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), understand and agree that no person will be allowed to mount any horse or pony in training or in a lesson with CHC without wearing an ASTM-standard and SEI-certified helmet. 12. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), understand and agree that while CHC requires me to wear an ASTM-standard and SEI-certified helmet, they do so while WARNING that no protective equipment can guard against all injuries.VENUE, SEVERABILITY, INTEGRATION CLAUSE 13. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree that if, in spite of this contract, legal action is brought regarding a claim, it must be brought in the Superior Court of Santa Barbara County, California, and further agree that the substantive laws of the State of California shall apply in any action brought. 14. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree that the foregoing assumption of risk, waiver of liability for negligence, and indemnity agreement is governed by the State of California and is intended to be as broad and inclusive as permitted by California law and that in the event any portion of this Agreement is determined to be invalid, illegal, or event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. 15. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), understand that this is the entire agreement between myself (and minor child if applicable) and CHC and cannot be modified or changed in any way by the representations or statements of any employee, agent, independent contractor, or by me.16. MY SIGNATURE BELOW INDICATES THAT I HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND IT COMPLETELY, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND IT IS A PROMISE NOT TO SUE AND IS A RELEASE AND INDEMNITY FOR ALL CLAIMS. 17. If I am a parent or guardian of a minor child choosing to participate in horseback riding activities with CHC, I consent to the child's participation, I AGREE to all of the above provisions, and I AGREE to assume all of the obligations of this release on the child’s behalf. Participant's Name
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Signature of Participant or Guardian #2 if Participant is under 18:
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