1. INHERENT RISKS: I the Undersigned adult participant, or if a minor, the parent or guardian of minor participant, acknowledge and assume the inherent risks involved in riding and working around horses, that are both known and unknown, such as bodily injury or death from using, riding or being in close proximity to horses, among other risks such as acts of God, lose or running horses or other animals; mechanical, agricultural or construction failures or difficulties; climatic conditions or arena or facility conditions; or any other abnormal conditions or developments that affect a horse, rider, or equipment and property. I further acknowledge that a horse and/ or rider can be permanently injured or killed in normal use or in competition and schooling.
2. IN CONSIDERATION, therefore for the privilege of riding and/or working around horses at HOOVES AND HEARTS LLC, FULL LIFE FELLOWSHIP AND KERRY FAMILY TRUST located at 4671 Rock Barn Lane, Shingle Springs, CA 95682, I the Undersigned residing at the address I provided on this form, do hereby agree to assume the risk of injury, hold harmless and indemnify HOOVES AND HEARTS LLC, FULL LIFE FELLOWSHIP AND KERRY FAMILY TRUST and its owners, managers, employees, associates, teachers, sponsors and contractors, and further release them from any liability or responsibility for accident, damage, injury, illness to the Undersigned or any horse owned by the Undersigned while on the premises of HOOVES AND HEARTS LLC AND FULL LIFE FELLOWSHIP : and that except in the event of HOOVES AND HEARTS LLC, FULL LIFE FELLOWSHIP AND KERRY FAMILY TRUST'S gross and willful negligence, I shall bring no claims, demands, actions and causes of action, and / or litigation against HOOVES AND HEARTS LLC, FULL LIFE FELLOWSHIP AND KERRY FAMILY TRUST for any economic and non-economic losses due to bodily injury, death, and/or property damage sustained by me and/or my minor child or legal ward in relation to the premises and operations of HOOVES AND HEARTS LLC, Including riding, handling, or other wise being near horses on the premises. I the Undersigned herby release HOOVES AND HEARTS LLC, FULL LIFE FELLOWSHIP AND KERRY FAMILY TRUST from any duty of controlling any other participants, spectators, or animals.
3. I the Undersigned do hereby, and for my heirs, legal representatives, agents, successors-in-interest and assigns, expressively waive and relinquish all rights and benefits afforded by Section 1542 of the Civil Code of California or any other state laws, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor."
By waiving said statute I declare that I understand and acknowledge the significance and consequences of such specific waiver of Section1542 of the Civil Code of California, that I intend to waive and assume the risk of existing but yet unknown claims as of the date of signing this AGREEMENT and have been encouraged by HOOVES AND HEARTS LLC to consult independent legal counsel in relation to my waiver of rights under said Section.
4. COSTS AND FEES: I the Undersigned agree to hold HOOVES AND HEARTS LLC, FULL LIFE FELLOWSHP AND KERRY FAMILY TRUST harmless from any claim resulting from personal or property damage or injury caused by my participation with horses or presence at HOOVES AND HEARTS LLC AND FULL LIFE FELLOWSHIP, and agree to pay any legal fees and/or expenses incurred by HOOVES AND HEARTS LLC, FULL LIFE FELLOWSHIP AND KERRY FAMILY TRUST, in defense of such claims. In the event of legal dispute, the parties agree to participate in mediations. Any legal dispute between the parties shall be heard only by courts in El Dorado County, California.
5. SEVERABILITY: The terms of this AGREEMENT are independent of each other; if a court finds any provisions of this Agreement contract invalid or unenforceable, such a finding shall not affect the validity of any other provision of the Agreement contract, which shall remain in full force and effect.
6. USEF. HOOVES AND HEARTS LLC, encourages all riders to be familiar and act in compliance with industry standards and United States Equestrian Foundation (USEF) rules. HOOVES AND HEARTS LLC recommends all participants wear an approved helmet in accordance with ESEF guidelines, which can be found in a USEF handbook or at www.USEF.org.
7. By signing this document, I the Undersigned declare that I understand and warrant that this AGREEMENT is being voluntarily and intentionally signed, and that in signing this AGREEMENT I declare I am free of influence of drugs, alcohol, and other modifying substance that would prevent my free and knowing consent to this agreement to release, hold harmless, and indemnification of HOOVES AND HEARTS LLC, FULL LIFE FELLOWSHIP AND KERRY FAMILY TRUST and its owners and managers. I am of sound mind and have had sufficient time and conditions to read the AGREEMENT, and have had the opportunity to ask questions regarding this agreement.
COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION
I the Undersigned, or if a minor, the parent or guardian of minor participant, agree that I a, personally responsible for my safety and actions while visiting Hooves and Hearts LLC (HHL). I agree to comply with all HHL policies and rules, including but not limited to all HHL policies, guidelines, signage, and instructions. Because the HHL is open for the use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release waive, discharge, and covenant not to sue Hooves and Hearts LLC, Miranda Zaragoza, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released parties, any third-party using HHL facilities, or otherwise, while participating in any activity while in, on, or around the HHL and/or while using any HHL facilities, tools, equipment, or materials.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgement, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the HHL facilities, tools equipment or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirement contained in this document; I am sufficiently informed about the risks involved in using HHL facilities and equipment and interactive with HHL staff to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; Iam at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that is Waiver of Liability shall be governed by and construed in accordance with California law, and that if any of the provisions hereof are found to be unenforceable, the reminder shall be enforced as fully as possible and the unenforceable provision (s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole. This waiver remains in effect until the State of California lifts all COVID-19 related mandates.