ASSUMPTION OF RISK AND RELEASE OF LIABILITY
1. I have voluntarily requested that Horse Market SF ("HMSF") permit me to participate in its events, meeting, activities, and gatherings (collectively, "Events").
2. In consideration for HMSF's permission for me to participate in its Events, I freely and expressly agree to the terms of this Assumption of Risk and Release of Liability ("Release"). In agreeing to the terms of this Release, I relied solely upon my own judgment and have not been influenced to any extent whatsoever in executing this Release by any representations or statements not expressly contained in this Release.
3. I understand and acknowledge that all Events sponsored by HMSF are private Events where consensual sex, (safe or bareback) and other intimate personal contact may occur.
4. I understand the multitude of risks to myself and others associated with engaging in sex, sadomasochism, and other intimate contact. I understand and acknowledge that not all hazards and dangers can be foreseen. I fully and willingly accept and assume all risks that may arise out of or result from my participation in Events of HMSF I further expressly waive any and all specific notice of the existence of the risks that may be present at Events of HMSF.
5. l, my heirs, administrators, representatives, agents, employees, consultants, attorneys, executors, successors, insurers, and assigns (collectively, "Representatives') will not make any claim against, sue, or attach the property of (a) HMSF, (b) any of the officers, directors, fraternals, associates, or other members of HMSF, or (c) the owners or operators of any of the venues where HMSF events, meetings and activities take place, for injury or damage resulting from the negligence or other acts, howsoever caused, by any officer, member, employee, agent, or contractor of HMSF, or by any other participant in HMSF Events.
6. I hereby release and forever discharge HMSF, its officers, directors, fraternals, associates and other members from all actions, claims, and demands that I or my Representatives now have or may hereafter have for injury or damage resulting from my participation in any HMSF Events.
7. This Release is to operate as a full and final release of any and all rights I or my Representatives now have or may have in the future against HMSF, its officers, directors, fraternals, associates and/or other members in connection with my participation in any Events of HMSF. The rights released specifically include any and all rights I may have under California Code of Civil Procedure section 1542, 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 must have materially affected his settlement with the debtor.
I acknowledge that I may sustain damages and/or expenses which are presently unknown or not suspected, and that such damages and expenses, if any, might otherwise give rise to claims which I do not now anticipate. Nevertheless, I hereby expressly waive all rights I may have regarding all claims, known or unknown (including any rights under California Civil Code section 1 542), against HMSF, its officers, directors, fraternals, associates and other members in connection with my participation in any Events of HMSF.
8. This Release is binding on my Representatives and that its coverage extends to the Representatives of HMSF, its officers, directors, fraternals, associates and/or other members.
9. This Release is governed by and interpreted in accordance with the laws of the State of California and is to be construed and interpreted as broadly and inclusively as permitted by the laws of the State of California.
10. If any clause or provision in this Release is found to be void, illegal or unenforceable, the remaining provisions and clauses will not be affected and will remain in full force and effect.
11. If I or my Representatives violate of the terms of this Release, and HMSF, or any of its officers, directors, fraternals, associates and/or other members, is sued, or a claim is made against them, I agree to indemnify HMSF and/or its officers, directors, fraternals, associates and/or other members and to hold them harmless from any and all expense and liability. Such indemnity covers all reasonable expenses incurred by them, including but not limited to attorney fees.
12. I have read and agree to abide by HMSF's rules as contained in "Rules and Instructions". I am especially aware of the no drug policie that is in place at all events.
13. I may execute this Release by affixing my signature and delivered the signed Release either in person, by facsimile or by electronic mail in portable document format (.pdf). A facsimile or electronic version of this executed Release has the same force and effect as an original.
I affirm that I am more than 18 years of age and that I am competent to read and sign this Release on my own behalf. I have read the foregoing document in its entirety and I fully understand its contents. I am aware that this is an Assumption of Risk and Release of Liability and I sign this document of my own free will. By signing below, I expressly agree to all of the terms contained in this document.
Today's Date: November 22, 2019