This Release and Indemnification (“Release”) is made this day of November 21, 2024, by the undersigned, to, among other things, release and indemnify (i) Vino Vaqueros. (ii) landowners 2905 Roundup Road, LLC and operators of any real property on which Vino Vaqueros conducts its activities, and (iii) the respective trustees, beneficiaries, members, directors, officers, partners, managers, shareholders, agents, contractors, representatives, servants, employees, heirs, successes and assigns of Vino Vaqueros and such landowners and operators (collectively the “Proprietors”), as set forth below. W I T N E S S E T H: WHEREAS, the undersigned on his or her own behalf and on behalf of, as applicable, the undersigned’s heirs, distributees, guardians, legal representatives, assigns and the other members of his or her family, including the undersigned’s spouse, parents, children, heirs and assigns (referred to hereinafter collectively and singularly as “Participant”) hereby grants to Proprietors this full release and indemnification as consideration for the right (i) to participate in whatever capacity applicable, in any and all of the various activities offered by or in connection with Vino Vaqueros, including but not limited to, showing animals, horseback riding, or related activity permitting third parties to use said animals for consideration or gratuitously (collectively, “Equestrian Activities”). WHEREAS, as further consideration for the foregoing, the undersigned agrees to pay to the Proprietors on the date hereof (the “Payment”), which amount is estimated to cover at least a part of the costs incurred by the Proprietors in hosting the Activities; and WHEREAS, the Proprietors are willing to grant permission to Participant to be involved in the foregoing Equestrian Activities if, and ONLY if Participant is willing to indemnify and release the Proprietors from any and all losses, claims, causes and suits, directly or indirectly, arising therefrom. NOW, THEREFORE, in consideration of these premises, Participant agrees as follows: - Release. Participant hereby DOES VOLUNTARILY RELEASE, DISCHARGE, WAIVE, RELINQUISH AND COVENANT NOT TO SUE with respect to any and all actions, causes of action, claims, suits, losses, costs (including attorneys fees and costs), damages, and liabilities of whatever kind or nature, whether known or unknown (collectively “Claims”), including those arising from or for bodily injury, property damage or death occurring to Participant or Personal Property (as hereinafter defined) owned, possessed, controlled or used by Participant, arising either directly or indirectly out of participating in any of the Equestrian Activities or from the use of or presence at any of the Facilities, wherever or however the same may occur and for whatever period said activities or use may continue. Participant HEREBY RELEASES, WAIVES, DISCHARGES, RELINQUISHES AND COVENANTS NOT TO SUE with respect to any of the aforesaid Claims which may hereafter arise for the benefit, directly or indirectly, of Participant and agrees that under no circumstances will Participant prosecute or present any Claim for bodily injury, property damage, death or other loss against the Proprietors arising from any claim of any kind or nature in connection with Participant’s involvement in any of the Equestrian Activities or use of or presence at the Facilities, whether same shall arise in whole or in part from the negligence of the Proprietors or any third party and whether such negligence is the sole or a contributing cause of the Claim. PARTICIPANT SPECIFICALLY WAIVES ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT:
- “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.”
- This release shall remain in effect and cover any above described activity from the date of execution until withdrawn by writing in an agreement, executed by both parties.
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- Indemnity. Participant further does hereby agree to indemnify and hold harmless the Proprietors from any and all Claims which might arise by whomever, by, through and under Participant, or whenever made or presented for any loss or damage directly or indirectly, related to Participant’s participation in any of the Equestrian Activities or Participant’s use of or presence at any of the Facilities at the Ranch. It is the intention of the parties hereto that the Participant will indemnify and protect Proprietors from, among other things, the consequences of Proprietors’ or any party’s negligence (including others’ intentional acts who may be participating in the Equestrian Activities in question), who may have a claim or cause of action against Proprietors that arose by, through or under Participant, whether or not same arises, in whole or in part, from the negligence of the Proprietors or any other party and whether or not such negligence or willful act is the sole or contributing cause of the bodily injury, property damage or death.
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- Defense Against Claims. Participant agrees to defend Proprietors against any claims brought or actions filed against Proprietors with respect to the subject of the indemnity contained herein. Proprietors may employ attorneys of their own selection to appear and defend a claim or action on behalf of Proprietors at the expense of Participant. Proprietors shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against Proprietors. Participant shall upon demand pay to Proprietors all sums due to any parties by Proprietors as a result of any indemnified claim and all sums due to counsel so selected whether for invoices for services and expenses due or for retainer sums requested by such counsel in advance of services.
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- Representations. Participant further acknowledges that such participation is at Participant’s own risk and without any representations of any kind having been made to Participant by Proprietors and that such participation may be terminated at any time and for any reason by Proprietor. Vino Vaqueros has offered the use of a helmet for protection of Participant and if Participant is not wearing a helmet Participant has declined the use of such protection.
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- Medical. Participant fully recognizes the risks of injury to person and Personal Property (as hereinafter defined) inherent in participation in any physical activity and hereby represents to the Proprietors that Participant has either consulted Participant’s personal physician, who has consented to Participant’s participation in the Equestrian Activities, or has elected to forego a physical examination, but declares that Participant is physically capable of participating in the Equestrian Activities. Participant hereby gives consent to emergency medical inclusive of necessary transportation in order to obtain such treatment in the event of injury to Participant as the Proprietors may deem appropriate. The release and indemnification set forth above extends to any and all liability arising out of or in any way connected with such provision of medical or transportation provided in the event of such emergency. PARTICIPANT HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR OTHER LOSS DUE TO THE NEGLIGENCE OF ANY PARTY HEREIN RELEASED.
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- Participant’s Personal Property. Participant understands that all equipment, clothes, personal effects, jewelry, supplies, and any other personal property owned, controlled or used by Participant (the “Personal Property”) and brought to the event and used, stored or otherwise located in or around the Facilities shall remain the sole responsibility of Participant to properly secure from theft, damage or injury to any other person. All Personal Property should be insured by Participant, as the Proprietors do not have any responsibility or obligation to insure its safety or injury to any other person. Participant further understands that the releases and indemnity provisions of this Release include and relate to any and all damages, claims, causes of action, expenses or the like arising from the theft or damage or injury caused by or occurring to the Personal Property and hereby understands that the foregoing provisions of this Release apply equally to the Personal Property.
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- Payment. The undersigned will pay to the Proprietors on the date hereof the Payment, which amount is estimated to cover at least a part of the costs incurred by the Proprietors in hosting the Equestrian Activities and the Facilities.
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- Specific Performance. The undersigned agrees that if he or she breaches or violates this Release the Proprietors would suffer irreparable harm and would not have an adequate remedy at law. Accordingly, in addition to any other remedies available at law or at equity, the Proprietors will be entitled to injunctive relief in order to enforce the terms of this Release and to prevent breaches and/or violations by the undersigned and to compel the undersigned’s performance of this Release.
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- Non-Disparagement. The undersigned agrees that he or she will not disparage or talk negatively about any Proprietor and shall not make or ratify any public statement, oral or written, that disparages or talks negatively about any Proprietor.
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- Miscellaneous. This agreement shall be governed and construed under the laws of the State of California. All provisions of this Release shall survive the execution and delivery of this Release and shall continue in full force and effect.
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- Entire Agreement. This Release contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto relating to the subject matter of this Release which are not fully expressed herein.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made. THE UNDERSIGNED UNDERSTANDS THAT THIS IS A RELEASE OF ALL OF PARTICIPANT’S CLAIMS AND ALL CLAIMS THAT MAY BE RAISED BY, THROUGH OR UNDER PARTICIPANT BY OTHERS. THE UNDERSIGNED UNDERSTANDS THAT HE ASSUMES ALL RISK INHERENT IN EQUESTRIAN ACTIVITIES. THE UNDERSIGNED KNOWINGLY ACCEPTS THE RISK ASSOCIATED WITH AND AROUND HORSE ACTIVITY, INCLUDING PERSONAL INJURY AND THE RISK OF DEATH AND OTHER LOSS. Dated: November 21, 2024
Participant (or if a Minor, Participant’s Parent or Legal Guardian): VINO VAQUEROS I, (“Participant”) have indicated to Vino Vaqueros. (“Vino Vaqueros”) that I have a preexisting health condition described below. This condition makes my participation in horseback riding or other activities related to Vino Vaqueros extremely dangerous and I am doing such activities on my own volition with an understanding that this legally binding agreement has been created specifically for my health condition and situation, and under no circumstances will Vino Vaqueros be liable for any injury, death or damage that I sustain. The undersigned on his or her own behalf and on behalf of, as applicable, the undersigned’s heirs, guardians, legal representatives, assigns and the other members of his or her family, including the undersigned’s spouse, parents, children, heirs and assigns hereby grants to Vino Vaqueros this full release and indemnification as consideration for the right to participate in whatever various activities offered by or in connection with Vino Vaqueros, including but not limited to, horseback riding, or related activities. Vino Vaqueros is willing to grant permission to me to be involved in the foregoing activities if, and ONLY if I am willing to indemnify and release Vino Vaqueros from any and all losses, claims, causes and suits, directly or indirectly, arising from such activities. I hereby VOLUNTARILY RELEASE, DISCHARGE, WAIVE, RELINQUISH AND COVENANT NOT TO SUE with respect to any and all actions, causes of action, claims, suits, losses, costs (including attorneys fees and costs), damages, and liabilities of whatever kind or nature, whether known or unknown (collectively “Claims”), including those arising from or for bodily injury occurring to Participant or either directly or indirectly out of participating in any of the athletic activities or training conducted or organized by Vino Vaqueros is willing to grant permission to me to be involved in the foregoing activities if, and ONLY if I am willing to indemnify and release Vino Vaqueros from any and all losses, claims, causes and suits, directly or indirectly, arising from such activities. I voluntarily applied for permission to participate in an event hosted and/or organized by Vino Vaqueros, and am AWARE THAT HORSEBACK RIDING AND RELATED ACTIVITES AND PARTICIPATING IN SUCH ACTIVITIES ARE HAZARDOUS ACTIVITIES AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY, DEATH OR DAMAGE. I have disclosed the entirety of my health conditions and understand and am aware that Vino Vaqueros does not have the ability to provide any health services in the event that I am in need of medical attention. In addition I am fully aware of the legal implications that signing this document creates. I have been sent this document and had several days to review and execute voluntarily this document and the Release and Indemnity Agreement as well. Dated: November 21, 2024
Participant (or if a Minor, Participant’s Parent or Legal Guardian): Agreement and Release of Liability I HEREBY ACKNOWLEDGE that I have voluntarily applied for permission to ride, participate in equestrian or ranch activities. I AM AWARE THAT HORSEBACK RIDING AND PARTICIPATING IN A HORSEBACK RIDING ACTIVITIES ARE HAZARDOUS RANCH ACTIVITIES AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY, DAMAGE OR DEATH I UNDERSTAND THE USE OF A HELMET MAY REDUCE MY RISK OF INJURY AND IF I AM NOT WEARING A PROTECTIVE HELMET, I HAVE DECLINED SUCH PROTECTION. As lawful consideration for being permitted to participate in these activities, I hereby agree that I, my heirs, guardians, legal representatives and assigns will not make a claim against, sue, attach the property of, or prosecute Vino Vaqueros, or any landowner or operator on whose land the activities are conducted, or any of their respective trustees, beneficiaries, directors, officers, partners, managers, shareholders, agents, contractors, representatives, servants, employees, heirs, successes or assigns, for injury, death or damage resulting from negligence or other acts, however caused, by any of them as a result of my participation in horseback riding or other activities on, or my use of or presence on, any such land. In addition, I hereby release and discharge each of them from all actions, claims, demands, losses, damages, and liabilities of whatever kind or nature, whether known or unknown, that I, my heirs, distributees, guardians, legal representatives, or assigns now have or may hereafter have for injury, death, or damage, resulting from my participation in such horseback riding, or other activities or my use of or presence on any such land. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND VINO VAQUEROS, ITS DIRECTORS AND OFFICERS AND THE LANDOWNERS ON WHOSE LAND THE ACTIVITIES WILL BE CONDUCTED AND THE OTHER RELEASED PARTIES, AND I SIGN IT OF MY OWN FREE WILL. |
