The undersigned Participant acknowledges that farm and equine related activities are inherently dangerous, and that any interaction with horses and/or farm equipment may result in bodily injury, property damage, or even death. With this knowledge Participant agrees as follows:
1. The Participant hereby agrees to release, indemnify, defend and hold harmless California Horse Center, Post Time Farms, Inc. dba "Flag Is Up Farms", Monty & Pat Roberts Inc, and their owners, agents, employees and stockholders (collectively hereafter referred to as "the Farm") from any loss, liability, claim, damage or expense arising out of, based upon, or as a result, direct or indirect, of the Participant's presence on the Farm.
2. If the Participant brings an action or arbitration against the Farm or its owners, agents, employees or stockholders, with respect to the Participant's presence on the Farm, then the prevailing party in whose favor judgement is entered in such action shall be entitled to have and recover of the other party all costs and expenses incurred or sustained by such party in connection with the initiation and prosecution of the action, including, without limitation, attorney's fees, expert witness fees, accountant's fees and court costs, even though not taxable as such. As used herein, attorneys fees shall be actually performed in connection with the matters involved calculated on the basis of the usual fee charged by the attorneys performing such services and shall not be limited to "reasonable attorney's fees" as defined in any statue or court rule.
3. This agreement shall be binding upon the Participant, his/her heirs, legal representatives, successors and assigns, and shall inure to the benefit of the Farm, their successors, legal representatives and assigns.
4. This agreement is subject to the laws of the State of California and venue and jurisdiction for any action hereunder shall be in a court or competent jurisdiction located in Santa Barbara, California.
5. The Participant acknowledges that:
- Horses are dangerous;
- Riding or otherwise handling horses involves risk of serious injury or death;
- And the undersigned acknowledges and assumes all such risks.