GUEST RELEASE & HOLD HARMLESS AGREEMENT
ALL GUESTS WHO VISIT THE EQUESTRIAN TRAINING PREMISES LOCATED AT 6033 DAGNINO ROAD, LIVERMORE, CA 94551
(REFERRED TO HEREIN AS “PREMISES”) MUST SIGN THIS FORM IN ORDER TO BE ON THE PREMISES. THESE PREMISES ARE PRIVATE. IF YOU ARE HERE WITHOUT PERMISSION AND HAVE NOT SIGNED THIS AGREEMENT, YOU ARE TRESPASSING AND WILL BE REQUIRED TO LEAVE. AFTER SIGNING THIS RELEASE ONCE, IT WILL BE KEPT ON FILE.
This Release and Hold Harmless Agreement for Guests (herein “Agreement”) is entered into on October 24, 2021 by signing party, their heirs, executors, administrators, assigns, (hereinafter referred to as Guest) and Demetrious N. Shaffer individually, Alicia Shaffer individually, Whiskey Rye, LLC , doing business as Willow & Wolf Ranch, a California limited liability company, doing business at 6033 DAGNINO ROAD, LIVERMORE, CA 94551, (herein “Premises”) their members, employees, ranch hands, managers, assistants, independent contractors, agents, residential tenants, training clients under contract, representatives, heirs, executors, administrators and assigns (hereinafter collectively referred to as “W&WR”) (each a “Party” & collectively the “Parties”).
1. Consideration: Guest wishes to visit or has been invited to Premises privately owned and managed by W&WR and will be engaging in various activities, including but not limited to, equestrian activities of various kinds. In consideration, Guest agrees to release, hold harmless and indemnify W&WR from all claims as set forth in this Agreement and agrees to all terms set forth herein. By signing this Agreement, Guest is giving up certain legal rights, including the right to recover damages in case if injury, death or property damage in certain circumstances.
2. Limitation Of Liability and Assumption Of Risk:
a. Guest releases from liability and waives Guest’s right to sue W&WR for any and all claims, including claims of W&WR’s negligence, resulting in any physical injuries, illnesses (including death), economic loss, consequential damages and any loss whatsoever that Guest may suffer or which may result from Guest’s voluntary visitation of Premises. This waiver does include Guest’s equipment, any personal property, any personal horses brought to Premises and any vehicles.
b. Guest further acknowledges and agrees that W&WR cannot be responsible for elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. Some examples are: fire, thunder, lightning, rain, wind, water; wild and domestic animals, insects, and reptiles all of which may walk, run, fly near, bite, or sting a horse. Guest agrees that the waiver provided in 3a. herein also applies to these natural circumstances.
c. Guest further acknowledges and agrees that W&WR is not responsible for any irregular footing on outdoor or indoor groomed or wild land, all of which is subject to constant change in condition according to weather, temperature, natural and man-made changes in landscape. Guest agrees that the waiver provided in 3a. herein also applies to these circumstances.
d. Guest acknowledges that horseback riding, training, instruction, clinics, shows, jumping and related activities are inherently dangerous, including inherent risks which cannot be eliminated. Risks may include, but are not limited to, physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from Guest’s own actions or other’s actions, inactions, or negligence, or from the condition of the Premises. Nonetheless, Guest assumes all risks of being on Premises, whether known or unknown to Guest and releases W&WR from any liability for claims, including claims of W&WR’s negligence, resulting in any physical injuries, illnesses (including death), economic loss, consequential damages, personal property loss, loss or injury to horses and/or any loss whatsoever. Guest understands the legal consequences of signing this document, including: releasing W&WR from all liability, waiving Guest’s right to sue W&WR, and assuming all risks of visiting Premises or any events incidental to being on Premises.
e. Nothing in this Agreement applies to acts of W&WR which are intentional or grossly negligent.
f. Guest also fully understands that W&WR does not carry insurance on Guest’s horses, nor are Guest’s horses covered under any public liability, accidental, injury, theft, or equine mortality insurance, and that all risks connected with being on Premises with a horse, if any, are to be borne by the Guest.
3. Indemnity and Waiver of Unknown Claims: Guest agrees that s/he will defend, indemnify and hold harmless W&WR against all claims, demands, liabilities, and causes of action including court costs, expenses and attorney’s fees, directly or indirectly arising from any action or other proceeding brought by, or prosecuted for, Guest’s benefit or for the benefit of Guest’s heirs, guardians and assigns or brought by others, against W&WR in connection with being on Premises or for any action or inaction taken by Guest, Guest’s family members, agents, heirs or assigns. This extends to all claims of every kind and nature whatsoever, whether known or unknown. Guest expressly waives any benefits s/he may have under Section 1542 of the California Civil Code relating to the release of unknown claims. Guest understands that this law contains provisions designed to prevent Guest from waiving unknown claims that existed at the time of waiver, and Guest expressly agrees to waive all rights that Guest might have under this law and related sections.
4. Damage to Premises: Guest agrees to pay for and/or repair any damage that occurs to Premises and personal property on Premises caused by Guest or by Guest’s horse(s). This includes, but is not limited to, all damage to personal property, buildings, barns, fences, stalls, pens, hot walkers, facility structures of any kind, landscaping or vehicles.
5. Rules: Guest agrees to follow any rules or signs posted on Premises. Guest also agrees to follow any instructions given by W&WR or their agents, assistants, managers, employees or independent contractors working on behalf of W&WR or working at W&WR. All posted Rules are part of this Agreement.
6. Helmet Requirement for All Riders: W&WR requires all riders to wear a ASTM approved safety helmet. No exceptions.
7. Guest Representations and Warranties: Guest warrants the following:
a. That Guest agrees to use best judgment to always take safety first into consideration when handling, riding or being around horses.
b. That Guest does not have any physical/mental conditions that would prevent them from engaging in horse-related activities or from visiting an equestrian training facility;
c. That horses, if any, brought to Premises by Guest are free of contagious diseases, are current on all of the recommended & routine vaccinations and are negative for Coggins for those horses which came from out of the State;
d. That Guest has authority to enter into this Agreement;
e. That Guest, in the event of injury rendering Guest unable to make decisions regarding medical care, gives W&WR the authority to make decisions regarding medical care, including administration of medical care, and will defend, indemnify and hold W&WR harmless for any injury or death that occurs as a result of this care.
f. That Guest agrees to be responsible for being educated and trained by others in the proper etiquette of being around horses and visiting an equestrian training facility which includes, but is not limited to the handling, riding and demeanor necessary to safely be around large animals that can be dangerous.
g. That Guest Acknowledges that any jump equipment on Premises is owned by others and that all waivers, assumptions and releases set forth in 3a. b. c. and d. herein apply to any situations or circumstances involving jump equipment.
8. For Adults who are Signing for Minors: MINORS WHO HAVE NOT HAD HIS/HER PARENTS/LEGAL GUARDIANS SIGN THIS AGREEMENT DO NOT HAVE PERMISSION TO BE ON THE PREMISES, ARE TRESPASSING AND MUST LEAVE.
9. Termination: The Parties agree that this Agreement remains in full force and effect during the time that Guest continues to be on or visits Premises and shall have no termination unless set forth in writing and signed by both Parties or replaced by a new written Agreement. Guest also agrees that W&WR has the right to ask Guest to leave Premises at any time and for any reason without written notice. Such oral request takes effect immediately upon W&WR ’s request.
10. Entire Agreement: This Agreement constitutes an integration of the entire understanding and agreement of the Parties. Any representations, warranties, promises, or conditions, written or oral, not specifically in this Agreement shall not be binding on any of the Parties, and each of the Parties acknowledges that it has not relied, in entering into this Agreement, on any representations, warranties, promises, or conditions not specifically and expressly set forth in this Agreement. All prior discussions and writings have been, and are, merged and integrated into, and are superseded by, this Agreement.
11. Severability: If any provision of this Agreement is determined to be illegal or unenforceable, such shall not affect the validity or enforceability of the remaining provisions, all of which shall remain in full force and effect.
12. Binding Arbitration: Guest agrees that with regard to any and all claims or disputes arising in connection with this Agreement, they shall be handled as follows: a) For all matters, including those within the limits for a Small Claims Court case, the Parties agree to make their best efforts to resolve any disputes informally by mutual and respectful discussions as a first step; b) Should these informal discussions fail, then the Parties agree to try a mediation process before an impartial mediator acceptable to both Parties. This applies to Small Claims matters as well as matters that exceed Small Claims’ jurisdiction. Costs of same will be paid for by both Parties equally; c) If mediation efforts fail for matters valued within the limits set forth for Small Claims Court actions, then either Party can proceed to file a Small Claims action; d) For disputes or claims that have not been resolved by either 13a. or 13b. and that also exceed the jurisdictional amount allowed in Small Claims matters, all Parties agree to have the claim or dispute decided by BINDING arbitration conducted in accordance with the then existing rules of the American Arbitration Association by an arbitrator appointed in accordance with said rules and under California law. Said arbitration shall take place in Alameda County, California. Parties agree and acknowledge that this process relinquishes their right to a jury trial and Parties agree to the use of binding arbitration in its stead.
13. Attorney’s Fees: In any legal action brought in connection with this Agreement, including Arbitration, which includes, but is not limited to a material breach, the prevailing party has the right to collect all reasonable fees, expenses and costs from the breaching party.
14. Governing Law: This Agreement shall be interpreted in accordance with the laws of the State of California and any dispute concerning this Agreement, or any indemnification hereunder, shall also be interpreted in accordance with the laws of the State of California, County of Alameda.
October 24, 2021