I wish to participate in equestrian activities at the TomKat Ranch Educational Foundation (the "Foundation”) facilities located at 2997 Pescadero Creek Road, Pescadero, California (the "Property”) and owned by TomKat Ranch LLC (the "Ranch"). I understand and agree to all of the following. I understand that the Foundation and the Ranch will not permit me to participate in these activities if I do not sign this Waiver and Indemnity, because the possibility of liability for the Foundation and the Ranch is too great for it to accept.
I understand that horseback riding and other activities around or involving horses and other livestock is very dangerous and includes riding over and around deep and rough terrain. I understand that horse riding and horse related activities have inherent dangers which no amount of care, caution, instruction, or expertise can eliminate. I voluntarily assume full responsibility for all risks of personal injury, death, and property damage while participating in activities at the Foundation and Ranch Property, including the risk of passive or active negligence on the part of the Released Parties, or hidden, latent or obvious defects at the Property.
Accordingly, I agree that I release, and will not bring any legal action of any nature whatsoever, against the Foundation or the Ranch or any of their owners, agents, employees, or representatives (the "Released Parties”) in connection with the activity including without limitation, any and all claims which may be based upon negligence by the Foundation or the Ranch in hosting the activity. Furthermore, I agree to indemnify, defend and hold the Foundation and the Ranch and their respective owners, agents, employees, and representatives harmless from any loss, claim, expense (including attorneys' fees), demand or cause of action of any kind, or character arising from the assertion by me, my family members, or any other person, firm, or corporation that may have, or claim to have, a claim or claims connected with my participation in the activity hosted by the Foundation or Ranch, or located at the Property. This agreement shall be construed to be as comprehensive as is allowed by law, as severable, and the invalidity of any portion of which shall not affect the validity of any other provision.
I am signing this Waiver and Indemnity to induce the Foundation and the Ranch to allow me to participate in the activity described above for my convenience. I understand the Waiver and Indemnity, and would not sign it if I did not.
October 16, 2019