RIDE AT YOUR OWN RISK. BY SIGNING THIS AGREEMENT, YOU ARE: (1) GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF YOUR INJURY OR DEATH, OR DAMAGE TO YOUR PROPERTY; (2) TAKING RESPONSIBILITY FOR ANY INJURIES OR DAMAGES CAUSED BY YOU OR YOUR GUESTS OR ANY PERSON USING YOUR PROPERTY; (3) ASSUMING THE RISK OF PARTICIPATING IN THE ACTIVITIES COVERED BY THIS AGREEMENT; AND (4) AGREEING TO INDEMNIFY OTHERS AGAINST LEGAL AND OTHER COSTS AND DAMAGES THEY MAY INCUR SHOULD YOU OR SOMEONE ON YOUR BEHALF BRING SUIT OR MAKE CLAIMS AGAINST THEM FOR ALLEGED ACTIONS OR INACTIONS FALLING WITHIN THE SCOPE OF THIS AGREEMENT.
READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.
In consideration for the opportunity to participate in horseback riding activities including, but not limited to, trail rides, pack trips, overnight camping trips, parades, training rides, pre-rides, cow sorting or penning, clinics, drill team practice and events, and rides between, originating at or ending at participating Temecula Wineries, Galway Downs, Tucolota Creek Ranch, Gaits In the Grapes Trail Guides, California Ranch Company and any other privately owned properties, as well as in trail clearings, work days, club meetings, functions or other activities, whether or not sponsored or hosted (all hereinafter referred to as “Covered Events”), I, THE UNDERSIGNED, HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE the CSHA, TEWR, Inc., Participating Temecula Wineries, Galway Downs, and other property owners and their respective shareholders, partners, directors, officers, agents and members and their heirs, executors, representatives, successors and assigns (all of the afore-mentioned are hereinafter referred to as the “Released Parties”), on behalf of myself, my heirs, executors, representatives, successors and assigns, as follows:
1. I REPRESENT TO TEWR, INC. AND THE OTHER RELEASED PARTIES THAT I AM AN EXPERIENCED HORSEBACK RIDER and that my horse is also experienced riding on the trail and in groups of other horses. I acknowledge and understand that TEWR, Inc. is a club for experienced trail riders only riding experienced trail horses and that TEWR, Inc. group rides are consequently more challenging than those of other riding clubs.
2. I understand and acknowledge that the Covered Events in which I am applying to participate are inherently dangerous and bear certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental, or damage to myself, to my property (including my horse) or to other members, spectators or other third parties, or their property.
3. SOME OF THE INHERENT RISKS IN RIDING A HORSE THAT I AM UNDERTAKING INCLUDE, BUT ARE NOT LIMITED TO, the risk that: (a) even a trained horse may, without warning or any apparent cause, revert to instinctive flight behavior, buck, trip, stumble, fall, rear, leap, bite, kick, run, run away, lay down, back quickly, stop short, spin around, make other unpredictable movements, spook, shake, sink, jump obstacles, collide or fight with another horse or rider, become injured, have a heart attack or die of other causes, step on a person's feet, or push or shove a person, (b) saddles, bridles, girths or other tack may loosen or break and protective gear, such as helmets, boots, protective eyewear, gloves and chaps, may not function as intended and may not prevent injury or death; (c) terrain covered may be in a wild state, rugged, unpredictable, unstable, uneven, unmaintained, uncultivated, slippery, steep, sharp, boggy, covered with cement, asphalt, or contain dangerous obstacles, holes, water or wetlands, or otherwise be ill-suited or dangerous for horses or riders; (d) rides in which I participate may not be supervised or may be negligently supervised; (e) in addition to other horses, other kinds of animals, including but not limited to dogs, cats, cattle, sheep, goats, mules, donkeys, ponies, coyotes, bobcats, mountain lions, bears, camels, reptiles, rabbits, squirrels, skunks, insects, etc., may be boarded, ridden, driven, led, encountered or roam freely in the vicinity of rides and may attack or spook a rider or her mount; (f) farm, landscaping, construction and other equipment, ATVs, golf carts or motorized vehicles or hot air balloons may be operated or located in the vicinity of rides, which may collide with or spook a rider’s mount; (g) other members may not be sufficiently experienced or otherwise able to control their mounts so as to prevent injury or death to another rider or damage to their property, or may otherwise engage in negligent, training, deliberately dangerous or even seemingly innocuous behaviors near me which can injure or spook a horse; (h) dangerous weather conditions may arise or worsen during an event without warning; (i) emergency medical care for horse or rider may be unavailable in locations far from communications, transportation or medical facilities; and (j) tie rails, hitching posts, trucks, trailers or other arrangements for securing or transporting our horses may prove to be unsafe - all of which may cause the rider or horse to fall or be jolted, or result in or contribute to the serious injury or death of the rider or horse. I further understand and acknowledge that none of the foregoing risks may be controlled or controllable by the Released Parties, and that they hereby disclaim responsibility to me for controlling such risks.
4. WITH KNOWLEDGE OF THE RISKS INHERENT IN THE COVERED EVENTS (INCLUDING THOSE DESCRIBED ABOVE) AND THAT OTHER RISKS WHICH CANNOT BE ANTICIPATED MAY OCCUR and in consideration for the Released Parties permitting me to participate in Covered Events, I HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY:
(a) ASSUME ALL RISKS OF DEATH, INJURY, AND PROPERTY DAMAGE inherent in participating in Covered Events, including, but not limited to, those risks described in this Agreement, and accept full and complete responsibility for: (i) my own safety, (ii) the safety of my family members, guests, and employees or contract workers, who may, from time-to-time, attend Covered Events at my invitation or direction, (iii) the safety and well being of all animals I may bring to Covered Events, and (iv) the safety of my property, tack and equipment (including but not limited to transportation equipment) and the property, tack and equipment of the persons described above;
(b) GIVE UP, WAIVE, RELEASE AND RELINQUISH IN PERPETUITY ANY AND ALL all claims, actions, demands, proceedings, liabilities, losses, damages, costs, or expenses of whatever kind or nature, including attorney’s fees which I might now have, or which might arise in the future against the Released Parties or any of them, including without limitation a claim for damages, injury or death based upon any and all ordinary negligence of the Released Parties and their employees from any cause whatsoever reasonably related to the object or purpose for which this release is given;
(c) AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, costs, or expenses of whatever kind or nature, including attorney’s fees, which the Released Parties may sustain or incur as a result of (i) my actions; (ii) the actions of any animals ridden, controlled or brought to Covered Events by me; or (iii) the actions of any of my family members, guests, employees or contract workers, who may, from time to time attend Covered Events at my invitation or direction;
(d) AGREE THAT THE RELEASE, WAIVER, INDEMNITIES AND OTHER UNDERTAKINGS CONTAINED HEREIN SHALL BE IRREVOCABLE AND BINDING upon myself and my heirs, legal representatives, successors, and assigns and shall inure to the benefit of the Released Parties, their heirs, legal representatives, successors, and assigns;
(e) PROMISE THAT I WILL CAUSE PAYMENT TO BE MADE TO THE RELEASED PARTIES on account of any claims, actions, demands, proceedings, liabilities, losses, damages, costs, expenses and attorney’s fees against which I have agreed to indemnify the Released Parties, as stated above, on or before the time that the Released Parties shall be compelled to make any such payment, or to reimburse the Released Parties for any such payment which shall have been made by them or any of them;
(f) CERTIFY THAT I HAVE SUFFICIENT HEALTH, ACCIDENT, AND LIABILITY INSURANCE AND PERSONAL ASSETS to cover any bodily injury or property damage I may incur while participating in Covered Events and to cover bodily injury or property damage caused to a third party as a result of my participation in any Covered Event. I further certify that I am capable of personally paying for any and all such expenses, damage or liability, which may exceed the limits of such insurance, and for any emergency medical or veterinary treatment that is required for myself or my horse, and that I shall pay for all costs thereof;
(g) ACKNOWLEDGE HAVING READ AND AGREE TO ABIDE BY AND FOLLOW THE TEWR, INC. RULES, POLICIES, BYLAWS, TRAIL ETTIQUETTE, AND ANY SPECIAL INSTRUCTIONS given by any of TEWR members, guides or trail leaders with regard to a Covered Event, the horse I am riding or any equipment or gear I may be using. I further acknowledge and agree that it is my responsibility to make sure I bring and use all appropriate tack and equipment and use protective gear (including, but not limited to, suitable riding helmet, protective eyewear, gloves, boots, chaps, and foul-weather gear);
(h) REPRESENT THAT, TO THE BEST OF MY KNOWLEDGE, I DO NOT HAVE A HEALTH CONDITION (including pregnancy) that would make it inadvisable for me to participate in Covered Events and that my horse(s) are free from infections, contagious or transmissible diseases; and
(i) ACKNOWLEDGE THAT TEWR,INC. IS A 501C7 CA NON PROFIT SOCIAL CLUB WHOSE FUNCTIONS OFTEN OCCUR AT, STAGE FROM OR END AT PARTICIPATING TEMECULA WINERIES and agree that if riding to/at a winery, where I choose to consume alcohol, I will do so responsibly and if I feel that it is not safe for me to ride back to the staging area, it is my responsibility to ask the trail boss for the ride to make alternative arrangements for my safe transportation or the transportation of my horse back to the staging area. The club does not provide or sell alcohol.
5. THE UNDERSIGNED EXPRESSLY AGREES TO WAIVE THE PROTECTION AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 which provides that: “a general release shall 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 must have materially affected his settlement with the debtor.”
6. The undersigned expressly agrees that the foregoing Participation Agreement, Release, Waiver, Indemnity Agreement And Assumption Of Risk 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 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 force and effect.
7. I ACKNOWLEDGE THAT THIS DOCUMENT IS A CONTRACT AND AGREE TO PAY ALL ATTORNEYS FEES AND COSTS incurred by the Released Parties, their agents, employees, guides, wranglers, trail bosses, heirs, legal representatives, successors, and assigns in defending an action if a lawsuit, claim or proceeding of any kind is filed against any of them for any injury or damage in breach of this contract.
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 THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND IS A RELEASE AND INDEMNITY FOR ALL CLAIMS.