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AG EQUESTRIAN TRAINING, LLC
Phone: (805) 431-3346
www.agequestrian.com

WAIVER, RELEASE OF LIABILITY & INDEMNITY AGREEMENT

PLEASE READ BEFORE SIGNING. This Waiver, Release of Liability& Indemnity Agreement (the "Release") must be read and signed before you may participate in the various equestrian-related services offered by AG Equestrian Training, LLC, a California limited liability company (the "Company").

IN CONSIDERATION of being granted access to the services and/or events offered by the Company including, but not limited to, horseback riding and jumping, equestrian training instruction, participating in competitions, participating in activities involving working and/or being around horses or ponies (collectively, "horses"), traveling to and from competitions with your horse, and/or spectating any of the foregoing (collectively, the "Activities"), I represent, acknowledge, and agree that:

1. Facilities and Rules. The Company conducts its Activities primarily at facilities (collectively, the "Facility") which are owned and operated by Oak Park Equestrian Center, LLC, a California limited liability company ("Oak Park") as well as, from time to time, at other off-site equestrian facilities who host horse shows and/or competitions. All issues related to the Facility or maintenance (including riding and/or driving around the Facility's property) and/or care and well-being of the horses at the Facility should be directed to Oak Park or its representatives. I shall abide by any and all rules posted by the Company and/or Oak Park and any rules identified in the future by the Company and/or Oak Park or their respective representatives. If Company staff provide a specific request or instruction to me, I agree to comply immediately.  

2. Health and Safety.  

a. I am in good health and have no physical limitations or medical condition(s) which affect my ability to ride horse(s) I own or lease or the Company owns, affect my safe use of the Company's equipment, endanger myself, others, or any animals, and/or interfere with my ability to safely participate in the Activities. I understand the Activities can be physically, emotionally, and mentally intense. I shall pay attention to the state of the equipment I use and the horse(s) I ride. I shall advise staff members if I do any damage or notice any damage to any of the Company's equipment, issues as to the horse(s)' health, care, or well-being, or maintenance at the Facility. I shall notify Company promptly if I become pregnant or develop any medical condition that could affect my riding and/or could be affected by horseback riding.

b. I agree that, should medical treatment be required for me or my child(ren) in connection with any of the Activities, I and/or my medical insurance company shall pay for ALL such incurred expenses. Issues related to horse health should be directed to the veterinarian or dentist of your choice at your expense.

3. Voluntary Assumption of Risks. I am aware of the risks associated with and/or related to Activities. I ACKNOWLEDGE THAT THE ACTIVITIES ARE INHERENTLY DANGEROUS. I FULLY REALIZE THE DANGER OF PARTICIPATING IN THE ACTIVITIES AND FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION. These risks include, but are not limited to, the following:

a. The propensity of an animal to behave in unpredictable or erratic ways that may result in injury, harm, death, loss to persons on or around the animal;

b. The unpredictability of the horse's reaction to sounds, sudden movements, unfamiliar objects, persons, and/or other animals;

c. Hazards including, but not limited to, arena and training surface and/or subsurface conditions;

d. A collision, encounter, and/or confrontation with another horse, another animal, a person, fence(s), gate(s), barrier(s), or other fixed or moving object(s) or obstacle(s);

e. Miscalculating a distance to or height of a jump or obstacle;

f. Damage to or destruction of personal property;

g. Dangers associated with equipment failure, inadequate safety equipment, use of equipment or materials provided by the Released Parties (as defined in Section 8 below), your own negligence, the Released Parties' negligence, weather conditions, injuries to the person including, but not limited to, muscle strains, sprains, broken bones, concussions, heat strokes, heart attacks as well as other typical athletic injuries or more serious physical and/or mental trauma or injuries, permanent disability, and death, and/or significant or life-threatening injuries to the horse(s). Remember that horses are typically larger, more powerful, and faster than humans. If a rider falls from a horse to the ground, it will generally be a significant distance, and the impact may result in harm to the rider;

h. The potential for an act of negligence by me that may contribute to property damage, injury, harm, paralysis, death, or loss to me or other persons, including, but not limited to, failing to maintain control over a horse and/or failing to act within my abilities and/or loss to other animals;

i. Injury to the horse I ride while traveling to or from a show competition;

j. Horseback riding, jumping, training, and competing are activities in which the rider tries to impose her/his will on the horse and move together as a unit, the horse has a mind of its own, and each has a limited understanding of the other. If a horse is frightened or provoked, it may divert from its training and act according to its natural survival instincts which include, but are not limited to, stopping short, spinning around, changing direction and/or speed at will, shifting its weight, bucking, stumbling, rearing, kicking, biting, falling and stepping on any person on or near the horse, spooking, and/or running from danger;

k. Other unforeseeable or unpreventable accidents or events associated with or a result of horseback riding or being around horses in general;

l. I acknowledge these are not all of the risks, and I agree to assume others not mentioned. I am not relying on the Company to list all possible risks for me; and

m. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES (AS DEFINED IN SECTION 8 BELOW), WITH FULL KNOWLEDGE AND APPRECIATION OF THE RISK INVOLVED. I ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE ACTIVITIES. BY SIGNING THIS RELEASE, I ACKNOWLEDGE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES, AND IT APPLIES TO ALL ACTIVITIES AND/OR UNDERTAKINGS INVOLVING THE COMPANY.



4. Forces Outside Company's Control. The Company is not responsible for total or partial acts or failure to act by its representatives, elements of nature, sudden and/or unfamiliar sights, sounds and/or sudden movements that can scare a horse, cause it to fall, or react in some other unsafe way. Examples of this include, but are not limited to, thunder, lightning, wind, wild and domestic animals, loud noises, nearby vehicles, insects which may walk, run, or fly near, or bite or sting a horse or person, and/or irregular footing in outdoor arenas or vacant land which is subject to constantly changing conditions according to weather, temperature, and natural and manmade changes in landscape. 

5. Equipment and Safety Protocols. I acknowledge that saddle girths (fastener straps around a horse's belly) may loosen during riding. You must alert Company staff of any girth looseness so action can be taken to avoid slippage of the saddle and the potential for the rider to fall from the horse. I agree, for myself and behalf of my child(ren), if applicable, that I have been fully warned and advised by the Company and assume full responsibility for personal safety equipment including, but not limited to, hard soled boots, ASTM riding helmets, body protectors and/or air vests, which meet or exceed current industry standards. Personal safety equipment must be properly fitted, worn while riding and/or training, replaced as directed by the manufacturer, and maintained in proper working condition. Further, I understand that wearing a helmet at all times may reduce the severity of head injuries and/or potentially prevent death as a result of a fall or other occurrence. I am not relying on the Company and/or its staff to provide a helmet for me or to check any helmet or helmet strap that I may wear or to monitor my compliance with this safety recommendation at any time or in the future. By my signature below, I voluntarily assume full responsibility for all risk of loss, property damage, or personal injury, including death that may be sustained by me or any bystanders, trainers, riders, visitors, or other persons at the Facility and/or off-site of the Facility that occur as a result of my participation in the Activities. I understand and agree that the Company does not maintain an insurance policy that covers all circumstances arising from my participation in the Activities and specifically cannot insure the safety of myself or bystanders in the event of my personal safety equipment failure, malfunction, or CO2 cannister deployment (in the case of air vests). I should review my personal insurance coverage to ensure it is sufficient to protect myself and others.

6. General Release. To the maximum extent permitted by law, I, for myself and my child(ren) (if applicable), and on behalf of my successors, heirs, executors, distributees, guardians, administrators, trustees, legal representatives, assigns and/or personal representatives (collectively, "Successors"), HEREBY WAIVE THE RIGHT TO SUE OR OTHERWISE MAKE CLAIMS AGAINST and RELEASE AND HOLD HARMLESS FROM LIABILITY the Company, Amanda B. Garcia, Ronnie Garcia, all Company staff members, Oak Park, Cory Wolf, together with their respective officers, managers, members, trustees, agents, insurers, partners, spouses, volunteers, representatives, affiliates, consultants, employees, independent contractors, sponsors, organizers and promoting organizations, property owners, law enforcement agencies, public entities, special districts and properties that are in any manner connected with the Activities, and their respective agents, officials, consultants, employees and independent contracts through or by which the Activities will be held (collectively, the "Released Parties") FROM AND AGAINST ANY AND ALL RIGHTS AND CLAIMS arising out of or connected to participation in the Activities and/or related to any property loss or physical injury, death, and/or loss I or my guest(s) (which include my child(ren)) may sustain while being at the Facility and/or participating in the Activities, WHETHER DIRECTLY OR INDIRECTLY AND WHETHER OR NOT CAUSED BY NEGLIGENCE OF THE RELEASED PARTIES, ANOTHER INDIVIDUAL'S USE OF OR PRESENCE AT THE FACILITY, OR OTHERWISE, except that which is the direct result of gross negligence and/or intentional misconduct by any of the Released Parties.



7. Indemnification. I agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all actions, claims, demands, losses, or suits of any nature by me or my guest(s) related to or arising out of my participation (including my child(ren)) in the Activities except for those claims arising out of the Released Parties' knowingly failure to correct a dangerous situation that has reasonably been brought to the Released Parties' attention.



8. Limitation of Liability.  

a. Notwithstanding anything to the contrary contained herein and to the maximum extent permitted by law, I agree that the Company shall have no liability for any indirect, special, incidental or consequential damages of any kind, including loss of profits, arising under or in connection with this Release, even if advised of the possibility of such damages.

b. To the extent you may maintain any claims for liability against the Company IN CONNECTION WITH ANY OF THE ACTIVITIES, you agree that your recovery for damages is expressly limited to the greater of (A) THE NET AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWO (2) MONTHS PRECEDING THE DATE OF DAMAGE, INJURY, OR LOSS, OR (B) $5,000 (USD).



9. Additional Terms. I agree for myself and my Successors that the above representations are contractually binding and are not mere recitals and should I or my Successors assert a claim contrary to what I have agreed to in this Release, the claiming party shall be liable for the expenses (including, but not limited to, attorneys' fees and costs) incurred by the Released Parties in defending the claims. I acknowledge that in consideration for signing this Release, I and/or my child(ren) receive the aesthetic pleasure, exercise, education and enjoyment of horseback riding, equestrian competitions, and being around horses in general have to offer. This Release may not be modified orally. Any waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. I consent to the disclosure by the Company or any third party to Released Parties and their insurance carrier(s) of my name, contact information, and medical information that may relate to any injury or death I may suffer arising from the activity. Each and every term of this Release is intended to be severable. If any one or more of the provisions is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. I acknowledge that my execution of this Release shall apply with equal force and effect to each and every occasion when I participate in the Activities with the Company. 

10. Jurisdiction and Venue. It is specifically stipulated that this Release will be interpreted and construed according to the laws of the State of California. In any action or proceeding related to this Release, the parties consent to the jurisdiction and venue of the Superior Court in and for the County of San Luis Obispo, California.  

11. Certification. I declare and certify I have the right and ability to sign this Release. I am eighteen (18) years of age or older, and if, acting on behalf of a minor, have every right to contract for the minor in the above regard. I have read the foregoing Release and fully understand the contents, meaning and impact thereof. I attest that I am physically fit and sufficiently trained to participate in the Activities and/or events offered by the Company. My agreement to the terms of this Release is my free and voluntary act and deed, and I acknowledge that this Release shall be binding upon me and my Successors.

Today's date: November 21, 2024

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