ASSUMPTION OF RISK WAIVER OF RIGHTS FOR FAMILIES AND/OR INDIVIDUALS In order to participate in guided trail rides, horseback riding, horse care, camp, feeding horses, volunteering and/or any and all other equestrian related activities ("EQUESTRIAN ACTIVITIES") at Griffith Park Horse Rentals ("GPHR"), you must assume all responsibility. If you are injured or killed and/or suffer loss of any kind, physical or emotional, you and your family members or heirs will not be able to make any claim against GPHR or any person or entity involved with GPHR. THIS CONTRACT WILL APPLY EVEN IF YOUR INJURY OR DEATH IS CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL AND WANTON CONDUCT OF ANOTHER. Before you participate, you must carefully read, and execute this release. If you understand and agree with each term, place your initials where indicated. In consideration for being permitted to participate in EQUESTRIAN ACTIVITIES at, near or by GPHR on this day and on all future dates, I, for my personal representatives, heirs, my next of kin, and myself, hereby agree as follows: 1a. I am about to participate in EQUESTRIAN ACTIVITIES including but not limited to horseback riding, horse handling and any activity that includes being on, near and/or by horses. EQUESTRIAN ACTIVITIES involve risk of loss, serious injury and/or death. The risks may include, but are not limited to: Exposure to and travel in rugged and/or varied terrain such as populated and unpopulated areas, traveled roads, bridges, cliffs, water and other natural, manmade, obvious and non-obvious obstacles; Exposure to potentially dangerous domesticated or wild animals, insect bites, toxic plants, temperature and weather extremes; Loss of control of the horse(s) and/or loss of balance causing the rider to fall; Rider's physical condition and/or lack of physical conditioning; Saddles that may slip and other tack, helmet or saddle problems that may develop spontaneously or as a result of normal use and wear. A horse may act unpredictably based upon instinct or fright which may include, but is not limited to: Stopping short; Changing directions or speed at will; Shifting its weight; Bucking, Bolting, Jumping, Rearing, Kicking, Biting, Stumbling, Tripping, Lying down or Running from perceived danger, which may cause a rider to lose their balance and fall or be thrown from a horse or otherwise suffer injury whether physical or emotional. Accidents or injury can occur in close proximity to the stable or in remote places without medical facilities and emergency treatment or other services rendered. My participation in the EQUESTRIAN ACTIVITIES is completely voluntary, and I elect to participate in spite of the risks. Furthermore, GPHR staff may be fallible. They might be unaware of a participant's ability. They might misjudge the weather, environmental conditions or the terrain. They may give incomplete 2 warnings or instructions. They may or may not offer first aid. They may or may not be carrying a cell phone that may or may not be functional at all locations. 1b. I hereby forever RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE everyone involved in GPHR, including, but not limited to Horse Services, Inc., the City of Los Angeles, the Los Angeles Equestrian Center, and any other owners of land, structures, and equipment used, the sponsors, promoters, concessionaires, and advertisers and any owner, employee, officer, director, agent, or volunteer of these persons or entities (herein after referred to as the "RELEASED PARTIES") from all liability, claims or demands for any loss, damage, injury or death whether or not resulting from the NEGLIGENCE, NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL OR WANTON CONDUCT of any person, arising from my participation in any way in these Activities. THE INTENT OF THIS RELEASE IS TO RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY TO ME. 2. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorney's fees, incurred in connection with any action brought as a result of my participation, including but not limited to, any loss, damage, injury, or death CAUSED BY THE NEGLIGENCE, NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL OR WANTON CONDUCT of the RELEASED PARTIES; or caused by any hidden, latent, or obvious defect in the horse(s), tack used, equipment used, mounting structure, stables and grounds. I realize that the damages to the RELEASED PARTIES for any breach of this promise are uncertain and difficult to establish and that in the event I breach this promise, I agree that the LIQUIDATED DAMAGES THAT I WILL BE LIABLE TO PAY TO EACH OF THE RELEASED PARTIES NAMED IN ANY LAWSUIT I MAY BRING WILL BE $500,000. 3. I understand and acknowledge that EQUESTRIAN ACTIVITIES have inherent dangers and unanticipated risks that cannot be eliminated without jeopardizing the essential qualities of the activity. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK FROM HORSEBACK RIDING AND EQUESTRIAN ACTIVITIES, including, but not limited to, the risk of loss, injury, or death CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL OR WANTON CONDUCT of the RELEASED PARTIES; or caused by any hidden, latent, or obvious defect in the horse(s), tack, equipment, helmets, mounting structure, stables and grounds. 4. I have been advised and recognize that any claim arising from my horseback riding and equestrian Activities may not be covered by any personal, accident, general liability, or other insurance policy issued to the RELEASED PARTIES. 5. I understand that the horses and other equipment provided by the RELEASED PARTIES are provided without any warranty that they are fit to use for any purpose whatsoever, without the warranty of merchantability, and in particular without any warranty that they are fit to use in EQUESTRIAN ACTIVITIES . I understand these disclaimers and I accept them. 6. I certify that considering my lifestyle and the manner in which I am supporting my dependents, I have made adequate provisions for my spouse, if any, my children, if any, my heirs, if any and all 3 other persons dependent upon me, if any, so that in the event of my injury or death, they will suffer no financial loss. 7. I state that I am over the age of eighteen and hereby acknowledge that this is a legal document and binding contract. I understand that it is in my best interests to have an attorney review all the documents related to any contract such as this contract and release of liability between GPHR and myself. If I choose not to use the services of an attorney, I acknowledge that I will carefully read all documents and make sure that I fully understand all the implications of such documents. 8. I hereby grant and convey unto the RELEASED PARTIES all right, title, and interest in any and all photographic images and video or audio recordings of my/our EQUESTRIAN ACTIVITIES including, but not limited to any royalties, proceeds, promotional materials, or other benefits derived from such photographs or recordings. 9. If a Court shall decide that any clause in this contract is illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof. 10. I further certify that I am not impaired or under the influence of any drug, alcoholic beverage, or medication, and that I have not taken an alcoholic beverage or drug within the last twelve (12) hours. In addition, I will not be under the influence of drugs or alcohol during my participation in these EQUESTRIAN ACTIVITIES. I HAVE CAREFULLY READ THIS ENTIRE DOCUMENT, I FULLY UNDERSTAND ITS CONTENTS AND I SIGN IT OF MY OWN FREE WILL FOR MYSELF AND/OR THE MINOR(S) IDENTIFIED BELOW AND I AGREE FOR MYSELF AND FOR THE MINOR(S) LISTED BELOW, TO BE BOUND BY ITS TERMS. PROTECTIVE HEADGEAR REFUSAL AGREEMENT ADDENDUM I, for myself and on behalf of my child and/or legal ward, have been offered a SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet and do understand that the wearing of such headgear while mounting, riding, dismounting and otherwise being around horses, may prevent or reduce severity of some of the wearer's head injuries and possibly prevent the wearer's death from happening as the result of a fall and other occurrences. Against common sense and against the advice of Griffith Park Horse Rentals, I and the minor(s) listed below refuse to wear any type of protective headgear and I/We assume all risk for all level of injury as a result of head trauma resulting from participation in the EQUESTRIAN ACTIVITIES. I HAVE CAREFULLY READ THIS PROTECTIVE HEADGEAR REFUSAL AGREEMENT ADDENDUM, I FULLY UNDERSTAND ITS CONTENTS AND I SIGN IT OF MY OWN FREE WILL FOR MYSELF AND FOR THE MINOR(S) LISTED BELOW, TO BE BOUND BY ITS TERMS. |