PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK
In consideration of the services of V6 Ranch, their agents, owners, officers, volunteers, partcipants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “V6”), I hereby agree to release and discharge V6, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that horseback trail rides (“rides”) entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to me, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing to essential qualities of the activity.
The risks include, without limitation: loss of control, falls, and collisions; unpredictable behavior by horses based upon instinct, fright, or lack of proper rider control; latent or apparent defects or conditions in equipment, animals, or property; acts of other participants in this activity, adverse weather conditions; contact with plants or animals; my own physical condition or my own acts or omissions; the condition of remote roads, trails, waterways, or terrain; first-aid, emergency treatment, or other services rendered; and consumption of food and drink.
V6 also permits non-equestrian activities, including hiking, water activities, sightseeing, and other recreational activities. These recreational activities present many of the same risks involved in rides and possibly additional risks. These risks include those presented by the condition of the property and the weather, the acts of other participants, and my own actions and physical condition.
V6 guides have difficult jobs to perform. Their goal is safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
In addition to the risks inherent in horseback trail rides under normal circumstances, I acknowledge an additional risk of illness during the COVID-19 pandemic. I could contract COVID-19 or other diseases such as the flu that could result in a serious medical condition requiring medical treatment in a hospital or could possibly lead to death.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to defend, indemnify, and hold harmless V6 from any and all claims, demands, or causes of action in any way connected with my participation in this activity or my use of V6’s equipment or facilities, including any such Claims alleging negligence of V6.
Should V6 be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating. In the alternative, I agree to bear the costs of such injury or damage to myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
6. If I file a lawsuit against V6, I agree to do so in Monterey County Superior Court or, where permitted, in the United States District Court for the Northern District of California, and I further agree that the substantive law of California shall apply in that action without regard to the conflict of law rules of that state.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against V6 based on any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Our insurance coverage requires that our guests agree to the following as well:
I, ("participant"), choose not to wear a riding helmet while participating on a V6 Ranch Cattle Drive. If I so choose to wear a helmet, I will provide my own. (V6 Ranch also has only a few helmets, so if you don’t bring your own, you must call in advance to be sure there are enough available.)
We are requesting that all guests sign this release even if they are planning on wearing a helmet. This will protect the V6 Ranch in the event that someone chooses to remove their helmet during the ride.
Today's Date: November 30, 2021