DESTINY COYOTE RANCH, LLC
RELEASE OF LIABILITY & INDEMNITY AGREEMENT I as the “Releasing Party” certify that I am over 18 years of age and of sound mind. In exchange for the signing of this Release of Liability & Indemnity Agreement (the “Agreement”), I am being allowed access to and entry upon the land located at 164 Pleasant Valley Road, Aptos, CA. 95003, known as “Destiny Coyote Ranch” either as a visitor, employee or as an independent contractor hired by DCR. The term “DCR” for purposes of this Agreement refers to the owner(s) of the real property, improvements thereon and personal property all located at 164 Pleasant Valley Road, Aptos, CA. 95003, including but not limited to Deborah Addicott, the Deborah E. Addicott 2003 Trust dated 2/24/2003 (the “Trust”), and Deborah Addicott as Trustee of said Trust, and Destiny Coyote Ranch LLC (to be formed). The term “DCR property” for purposes of this Agreement refers to the land, house, barn, improvements, wells, ranch equipment, ranch vehicles, facilities, tools, implements, animals (horses, livestock, others) all located at 164 Pleasant Valley Road, Aptos, CA. 95003. I understand and agree that despite my having signed this Agreement, I remain subject to being required to immediately vacate and cease access to and use of the DCR property at the direction of Deborah Addicott or a DCR agent in their sole discretion, that if I am told to leave that I will promptly do so, and that failure to leave shall subject me to expulsion and prosecution as a trespasser. I agree to follow and adhere to any policies and directions given to me by DCR for my safety and that of others. No promises or representations have been made to me to cause me to sign this Agreement other than I am not allowed access to or use of DCR property unless or until I have executed this Agreement. I also acknowledge that I have or have had opportunity to have this Agreement reviewed by legal counsel of my choosing before signing same or that by signing same I waive the opportunity to review it with legal counsel. I agree that DCR is not responsible for partial or total acts or occurrences or elements of nature that scare a horse or cause it to react in a way that injures me or any other person. I am aware that the land at Destiny Coyote Ranch has uneven and open terrain that could cause me or a horse that I am riding to fall or trip and I agree to these conditions and accept full responsibility for my traversing upon said terrain both by foot and horseback.
I acknowledge that there are facilities, vehicles and equipment used at Destiny Coyote Ranch and I agree that my use of same is at my own risk and I expressly assume said risk and hereby release Deborah Addicott, DCR its officers, manager(s), members, agents, and employees from liability associated with my use or operation of said facilities, vehicles and equipment. I agree no lawsuit or claim shall be brought by me or on my behalf against DCR for any matter that is covered by this Release of Liability & Indemnity Agreement. The laws of the State of California shall apply to any dispute arising out of matters that are the subject of this Agreement or any dispute to enforce the terms of this Agreement, and shall control the interpretation of this Agreement. Any legal action or proceeding arising out of the activities and matters that are the subject of this Agreement or the alleged breach of this Agreement shall be brought in a court of the State of California, County of Santa Cruz and I HEREBY WAIVE MY RIGHT TO A JURY TRIAL. I understand and agree that DCR, its officers, manger(s), members, agents, and employees and Deborah Addicott, are not responsible to make accommodations for any physical or mental conditions disclosed above and that I assume all risks associated with said physical and mental conditions. Should medical treatment be required for me or any minor accompanying me, then I and/or my own accident / medical insurance company will pay for all such incurred expenses. Should my actions or omissions or the actions of the horse(s) I am riding or attending to cause injury to me or others brought on to the DCR property by me, I agree that I or my liability and medical insurer will pay for all such expenses or damages incurred. I understand and acknowledge that there may be conditions and activities upon the land of DCR of which I am unaware, but nevertheless I expressly assume all risks and expressly release Deborah Addicott, DCR, and its officers, manger(s), members, agents, and employees, from any and all liability for unknown hazards and ordinary negligence in the operation of and conditions at or upon DCR property, and accordingly I hereby waive any claims or causes of action I may have against Deborah Addicott, DCR, and its officers, manager(s), members, agents, and employees as a result of any of the aforementioned conditions and actions or omissions related to the conditions or operations of DCR property. I UNDERSTAND AND AGREE THAT AS A CONDITION OF THIS AGREEMENT, I AM WAIVING ANY RIGHTS THAT I MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” WITH FULL AWARENESS AND UNDERSTANDING OF THE ABOVE SECTION 1542, AND THAT THERE MAY BE OTHER RIGHTS OTHERWISE AVAILABLE TO ME IN THE CALIFORNIA CIVIL CODE, I HEREBY WAIVE ALL SUCH RIGHTS.
I agree to hold harmless and release Deborah Addicott, DCR, its officers, manger(s) members, agents, and employees from legal liability due to ordinary negligence; and I do further agree that except for gross negligence or willful and wanton misconduct, I shall not bring any claims, demands, legal actions or causes of action against Deborah Addicott, DCR, its owner(s), manager, officers, members, agents, employees, and insurers for any economic and non-economic losses due to bodily injury, death, or property damage sustained by me and/or my minor child(ren) in any way arising out of or related to conditions of, animals at or operations or activities conducted upon DCR property; including but not limited to riding, handling, tending to and being around horses; and the operation of vehicles or equipment. This Release constitutes the entire and complete agreement and understanding between the parties concerning the subject matter of the Release and supercedes all prior agreements. The releasing party declares that the terms of this Release has been read by and/or to him/her, that he/she has had sufficient time to consider the terms and conditions of this Release, that it is fully understood and that this is a full and final release of all claims of every nature and kind whatsoever, including any and all unknown or anticipated damages or losses. The releasing party is of legal age and has executed and delivered this Release freely, knowingly, and of his/her own will and volition. I, UNDERSTAND THAT INJURIES AND DAMAGES THAT MAY BE SUSTAINED BY ME ARE BEING WAIVED BY MY SIGNING THIS AGREEMENT AND THAT THEY MAY BE OF SUCH A CHARACTER THAT THE FULL EXTENT AND TYPE OF SUCH INJURIES AND DAMAGES, IF ANY, ARE UNKNOWN AT THE DATE HEREOF, AND MAY BE OF AN UNANTICIPATED CHARACTER OR EXTENT. NEVERTHELESS, I DO HEREBY FOR MYSELF AND ANY MINOR ON WHOSE BEHALF I HAVE EXECUTED THIS AGREEMENT, FOREVER AND FULLY RELEASE AND DISCHARGE DEBORAH ADDICOTT, DCR, AND ITS OFFICERS, MANAGER(S), MEMBERS, AGENTS, AND EMPLOYEES. In the event that any provision, waiver, release or restriction in this Agreement shall be held or adjudged to be invalid, void or unenforceable, the same shall be deemed and meant to be severable and shall not defeat or impair the remaining provisions, waivers, releases or restrictions contained in this Agreement. This Agreement shall be effective and binding on me, my heirs, next of kin, executors, administrator and assigns and I waive my right to bring court action to recover compensation for injury or demise to myself arising out or relating to any of the following: (a) my entry upon the land of Destiny Coyote Ranch, (b) my use or operation of vehicles or equipment at Destiny Coyote Ranch, (c) my actions or omissions me and while I am at Destiny Coyote Ranch or using any of the facilities at Destiny Coyote Ranch and (d) riding, caring for or attending to horses or other animals at Destiny Coyote Ranch. I agree to pay for all reasonable legal fees incurred by Deborah Addicott or DCR as a result of any claims or actions made by me or brought on my behalf.
Privacy. Unless you have express written permission, you are prohibited from and agree to refrain from posting any social media comments, videos or photos, and from making any video, taking any photos or making any recording of any kind of the owner, the owners friends or family, trainers, or persons authorized to board or train their horses on the Ranch property. If you violate this privacy clause you hereby agree to an immediate ex-parte injunction for the removal of the postings and destruction of the photos, videos and recordings, and you understand that you may also be liable for damages for invasion of privacy or disclosure of confidential information. SIGNER STATEMENT OF AWARENESS I, THE UNDERSIGNED RELEASING PARTY, ASSUME ALL THE RISKS INVOLVED IN OR ARISING FROM MY USE OR PRESENCE UPON DCR PROPERTY INCLUDING, WITHOUT LIMITATION TO: THE RISKS OF DEATH, BODILY INJURY AND PROPERTY DAMAGE AND THE UNAVAILABILITY OF EMERGENCY MEDICAL CARE AT DESTINY COYOTE RANCH. I, THE UNDERSIGNED RELEASING PARTY, AGREE TO INDEMNIFY AND DEFEND DEBORAH ADDICOTT, DCR , AND ITS OFFICERS, MANAGER(S), MEMBERS, AGENTS, AND EMPLOYEES AGAINST AND TO HOLD THEM HARMLESS FROM, ANY CLAIMS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES, WHICH IN ANY WAY ARISES FROM MY USE OR PRESENCE UPON DCR PROPERTY. This AGREEMENT is effective upon signing and shall be in effect each and every time thereafter that the Releasing Party and person(s) subject to this Agreement enter upon or make use of DCR property. I HAVE READ, UNDERSTOOD AND HEREBY VOLUNTARILY SIGN THIS AGREEMENT. Dated this day of May 18, 2025.
Photograph & Video Release Form for DCR, LLC I hereby grant to Destiny Coyote Ranch LLC and Deborah Addicott the use of and the rights to my image, likeness and activities as recorded on video tape and photography recorded at Destiny Coyote Ranch (164 Pleasant Valley Rd., Aptos, CA. 95003). I have viewed and approved the video and photography of my image and activities as taken at Destiny Coyote Ranch, and I understand that my image, likeness and activities will appear in social media to advertise and promote the sale of the Destiny Coyote Ranch. I further understand and agree that that my image, likeness and activities may be edited, copied, exhibited, published or distributed subsequent to their original recording and photography and I waive the right to inspect or approve the finished product wherein my image, likeness or activity appears. Additionally, I waive any right to compensation arising or related to the use of my image, likeness or activities as recorded, edited, published, distributed and posted. I agree that this material may be used in diverse settings to promote the sale of Destiny Coyote Ranch and to promote activities at or on the Destiny Coyote Ranch property. By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via brochures, advertisements and via the Internet (including social media sites) to promote the sale of Destiny Coyote Ranch and to promote activities at or on the Destiny Coyote Ranch property. I hereby unconditionally release Destiny Coyote Ranch LLC and Deborah Addicott from any claim or action relating to the use of my image, likeness or activities referenced herein. There is no time limit on the validity of this release nor is there any geographic limitation on where the materials containing my image, likeness or activities may be distributed, viewed or published. By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material to promote the sale of Destiny Coyote Ranch and to promote activities at or on the Destiny Coyote Ranch property. Date signed: May 18, 2025 |