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BIG HEART RANCH ACTIVITY ACKNOWLEDGMENT & ASSUMPTION OF ALL RISKS, RELEASE OF LIABILITY, PHOTO RELEASE, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT

 


This ACTIVITY RELEASE AND WAIVER OF LIABILITY, COVENANT NOT TO SUE, ACKNOWLEDGMENT &; ASSUMPTION OF RISKS, AND INDEMNIFICATION AGREEMENT (“Release") is entered into by the undersigned in favor of BIG HEART RANCH (the “Ranch"), ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, STUDENTS AND GUESTS INVOLVED IN CONDUCTING ACTIVITIES OF THE RANCH (including, but not limited to, Nora Cohen, Suzanne Landolphi, Jared Cohen, Jay Cohen, Gold MacIvor and Phoebe Scott, and in favor of The Donald O’Shei Revocable Trust) and ALL LANDOWNERS ON WHOSE PROPERTY ACTIVITIES MAY OCCUR (the "Released Parties"). In consideration of being permitted to spectate and participate in activities conducted by the Ranch, and to use the facilities of the Ranch, I acknowledge and agree as follows:

  1. ACKNOWLEDGEMENT AND ASSUMPTION OF ALL RISKS. I understand that riding and being around horses are inherently dangerous activities and I am voluntarily participating in such activities, and being around such activities, with full knowledge of the dangers involved.  Horses are powerful, easily frightened, unpredictable animals.  All horses, even those that are well-trained and appear gentle, may buck, rear, stop short, change direction or speed at will, shy, spook, kick, strike, bite, and bolt – all without warning and without apparent cause or in response to wind, sounds, movement of people, cars, bikes, or other animals, or inanimate objects.  The inherent risks include loss of control, falling or being thrown off, being stepped on, collisions with fences, gates, trees, horses or other obstacles, or being hung up or entangled in stirrups, reins or other gear, and trailering accidents.  Tack may break.  Cinches may come loose.  I may encounter dangers due to terrain, creeks, weather, thunder, lightening, rocks, cliffs, obstacles man-made and natural, traffic, bees and insects, wild and domestic animals, as well as allergic reactions to dust, insects, animals or vegetation.  I understand that SERIOUS PERMANENT INJURY, DISABILITY OR DEATH OF MYSELF OR OTHERS MAY RESULT from handling, riding or being in the vicinity of horses, and that property belonging to me or others may be damaged as well. I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, PHYSICAL OR MENTAL ILLNESS, DISEASE OR DEATH TO MYSELF, INCLUDING FINANCIAL LOSSES (INCLUDING LOSS OF EARNING CAPACITY) AND DAMAGE OR DESTRUCTION OF PROPERTY OWNED BY ME OR IN MY CARE, RESULTING FROM HANDLING, RIDING OR BEING IN THE VICINITY OF HORSES OR IN ANY ACTIVITIES CONDUCTED BY THE RANCH, INCLUDING RISKS KNOWN OR UNKNOWN AND INCLUDING RISKS CAUSED BY THE ACTIVE, PASSIVE OR SOLE NEGLIGENCE OF THE RELEASED PARTIES OR OMISSIONS OR HIDDEN, LATENT OR OBVIOUS DEFECTS OF ANY PROPERTY.
  2. RELEASE OF LIABILITY, INCLUDING LIABILITY FOR NEGLIGENCE. On behalf of myself, my family, heirs, estate, distributees, guardians, legal representatives and assigns, I HEREBY VOLUNTARILY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES AND EACH OF THEM FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION AND LIABILITIES based on any injury, disability, illness, disease, death, financial loss, property loss or damage, or other harm suffered by me, or by any third person for which I may be held responsible, that may result from my participation in or being in the vicinity of activities conducted by the Ranch, WHETHER CAUSED BY THE ACTIVE, PASSIVE OR SOLE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
  3. PHOTO RELEASE. For valuable consideration received, I hereby grant to BIG Heart Ranch and Rancho Miramar, and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs or video of me, or in which I may be included, for editorial trade, advertising and any other purpose and in any manner and medium; and to alter the same without restriction. I hereby release photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
  4. COVENANT NOT TO SUE. I WAIVE ANY RIGHT TO PRESENT ANY LEGAL CLAIM OR SUIT against the Releasees, whether based on negligence, breach of contract, breach of warranty, strict product liability, dangerous condition of property, or any other legal theories.
  5. INDEMNIFICATION. I AGREE TO FOREVER DEFEND, INDEMNIFY AND HOLD HARMLESS each of the Released Parties from and against any and all claims, suits, costs or expenses of any kind including attorney fees and expert and consultant fees resulting from Ranch activities REGARDLESS OF FAULT AND WHETHER OR NOT CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE RELEASED. This obligation to defend, indemnify and hold harmless equally binds my heirs, assigns and representatives in the event of my death or incapacity. I FURTHER AGREE TO FOREVER INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from and against any claim of any person whom I bring or invite to the Ranch or otherwise permit to be in the vicinity of the Ranch, REGARDLESS OF FAULT AND WHETHER OR NOT CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE RELEASED.
  6. CALIFORNIA LAW GOVERNS. ANY CLAIM MUST BE BROUGHT IN LOS ANGELES COUNTY.
    This contract is governed by California law.  Any claim against the Released Parties is governed by California law and must be brought in Los Angeles County, California, even if the injury occurred outside Los Angeles County.
  7. RELEASED MAY COMPEL ARBITRATION. In the event any claim or controversy arises out of the activities at the Ranch, the Released Party involved in the claim or controversy may elect to have the claim or controversy submitted to binding arbitration before a single arbitrator chosen in accordance with the rules of the American Arbitration Association who shall be an attorney admitted to practice in California for at least 15 years. The arbitration shall be conducted pursuant to the provisions of the California Code of Civil Procedure relating to the conduct of arbitration proceedings.  I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM WAIVING MY RIGHT TO A JURY TRIAL.
  8. AGREEMENT TO PAY FOR EMERGENCY MEDICAL TREATMENT. I agree that should medical treatment be required, I SHALL PAY FOR ALL SUCH MEDICAL EXPENSES.
  9. SEVERABILITY. I understand that this Release is intended to be as broad and inclusive as permitted by the law of the State of California. If any provision of this Release is held to be unenforceable, such provision shall be excluded and the balance of the Release shall be enforced in accordance with the remaining terms.
  10. LEGALLY BINDING. I have read this Release and understand that I am giving up legal rights, including my right to sue.  I have executed it knowingly and voluntarily without relying on any statement or representation of any Released Party. I understand that this is a binding legal document which supersedes any other agreement.
  11. PARENTS / GUARDIANS MUST SIGN FOR MINORS.  I represent that I am 18 years of age or older and am legally competent to enter into this Release for myself.  If signing for a minor, I represent that I am the parent or duly appointed legal guardian of the minor for whom I am signing this Release.
  12. PROTECTIVE EQUIPMENT ADVISORY. The Ranch strongly recommends that everyone in the vicinity of horses should purchase and wear a properly fitted and secured ASTM/SEI certified helmet. While the Ranch may provide protective equipment for me, I understand that it may not fit properly and that it may not meet industry standards. I accept responsibility for this risk.
  13. CORONAVIRUS / COVID-19 WARNING & DISCLAIMER Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in BIG Heart Ranch programs or accessing BIG Heart Ranch facilities could increase the risk of contracting COVID-19. BIG Heart Ranch in no way warrants that COVID-19 infection will not occur through participation in BIG Heart Ranch programs or accessing BIG Heart Ranch facilities.

I HAVE CAREFULLY READ THIS RELEASE AND AGREE TO ALL OF ITS TERMS:

Date Signed: April 25, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information and our newsletter by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Insurance

Insurance Carrier*

Insurance Policy Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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