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 (The Sanctuary at Malibu Ranch LLC, Malibu Ranch LLC, The Sanctuary at Big Heart Ranch LLC) and ALL LANDOWNERS ON WHOSE PROPERTY ACTIVITIES MAY OCCUR (the "Released Parties"). In consideration of being permitted to spectate and participate in activities conducted at BIG Heart Ranch, and to use the facilities of the Ranch, I acknowledge and agree as follows: ACKNOWLEDGEMENT AND ASSUMPTION OF ALL RISKS and RULES. RIDING OF ANY ANIMAL at Big Heart Ranch is PROHIBITED HAND FEEDING OF ANY ANIMAL aside from bunnies and chickens is PROHIBITED.
- I understand that being around horses and farm animals is inherently dangerous. I am voluntarily participating in such activities, and being around such activities, with full knowledge of the dangers involved. Horses, goats, sheep, donkeys, llamas, alpacas, pigs, chickens, bunnies, guinea pigs, are powerful, easily frightened, unpredictable animals. All four legged animals, 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, but are not limited to: being bitten, being jumped on, walking on uneven ground, loss of control of animal you are grooming, being stepped on, collisions with fences, gates, trees, horses or other animals. Dangers include but are not limited to, bites from wildlife ie. snakes and spiders, as they are seen at the ranch, tripping on uneven and undeveloped 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, grooming, cleaning the ranch or exercising any animal and being in the vicinity of horses and other four legged animals is a risk, 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, BEING IN THE VICINITY OF HORSES and ALL RANCH ANIMALS 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.
- 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 at MALIBU RANCH LLC, The Sanctuary at Malibu Ranch LLC, Big Heart Ranch and 31409 Pacific Coast Highway and/or BIG Heart Ranch, WHETHER CAUSED BY THE ACTIVE, PASSIVE OR SOLE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
- PHOTO RELEASE. For valuable consideration received, I hereby grant to BIG Heart Ranch and The Sanctuary at Malibu Ranch LLC 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.
- 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.
- 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 or any activities occurring on the premises of all noted entities above 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.
- 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 outsideLos Angeles County.
- RELEASE MAY COMPEL ARBITRATION. In the event any claim or controversy arises out of any activities at Big Heart 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.
- AGREEMENT TO PAY FOR EMERGENCY MEDICAL TREATMENT. I agree that should medical treatment be required, I SHALL PAY FOR ALL SUCH MEDICAL EXPENSES.
- 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.
- 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.
- 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.
- By Signing below, I agree to each statement above and release Big Heart Ranch and all related entities and persons from ANY AND ALL LIABILITY FOR ANY AND ALL CLAIMS.
I HAVE CAREFULLY READ THIS RELEASE,AM AWARE OF THE RISKS AND AGREE TO ALL OF ITS TERMS: Date Signed: June 14, 2025
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