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The Maddox Family Farm and Kelly Maddox Training Inc. Rider Release


RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY, AND PARTICIPATION AGREEMENT

BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE.

READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.

I, the undersigned, in consideration of my participation horseback riding, training, competing, handling, and other related activities hereby agree to release and discharge Kelly Maddox Training, Inc., Maddox Family LLC, Kelly Maddox, Kevin Maddox, Stacey Maddox, and their managers, members, employees, agents, and independent contractors hereinafter referred to collectively as "Maddox" on behalf of myself, AND my minor child, my heirs, assigns, personal representative and estate as follows:

ASSUMPTION OF INHERENT RISKS

1. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), understand and acknowledge that the activity I am about to voluntarily engage in as a participant and/or volunteer bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental, or damage to myself, to my property or to spectators or other third parties. The following describes some, but not all of those risks:

a. A horse may without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person all of which may cause the rider to fall or be jolted, resulting in serious injury or death.

b. Equipment may fail; saddles or bridles may loosen or break resulting in serious injury or death.

c. Additional risks include but are not limited to those caused by the actions of other people including but not limited to co-participants. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S) hereby assume ALL of the risks of participating in horseback riding, training, competing, handling, and other related activities.

2. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), acknowledge that horseback riding is a dangerous activity and involves RISKS that may cause SERIOUS INJURY AND IN SOME CASES DEATH, because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance.

3. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), voluntarily assume the risk and danger of injury or death inherent in the use of the horse, equipment, and gear provided to me by Maddox and understand that equipment can fail at anytime thereby resulting in injury. 

4. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), voluntarily assume the risk and danger of injury or death inherent in the use of the stables and property located at 7191 Johnston Road, Pleasanton, California.

WAIVER OF LIABILITY FOR NEGLIGENCE

5. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), RELEASE, WAIVE, AND DISCHARGE Maddox today and on all future dates from ANY CLAIM of injury, death, other damage or loss resulting from my participation as described above, or as a result of the ORDINARY NEGLIGENCE of Maddox their employees, agents, and independent contractors, INCLUDING BUT NOT LIMITED TO training or selecting horses, maintenance, care, fit or adjustment of saddles, bridles or other equipment, instruction on riding skills or leading and supervising riders and the maintenance and care of the property located at 7191 Johnston Road, Pleasanton, California..

INDEMNIFICATION AGREEMENT

6. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree to HOLD HARMLESS, DEFEND, AND INDEMNIFY Maddox and their employees, agents, and independent contractors (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from any and all claims of mine, my spouse, family members, or others arising from:

a. My or my minor child’s participation horseback riding, training, competing, or handling;

b. Arising out of or in any way connected with either my use of the horse and any equipment or gear provided therewith or any acts or omissions of employees or agents OR

c. Arising out of claims of co-participants, rescuers, and others arising from the conduct of my participation in horseback riding.

COVENANT NOT TO SUE

7. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), RELEASE, DISCHARGE AND PROMISE NOT TO SUE Maddox doing business under their own name or any other name and/or any of their employees, agents, or independent contractors, FOR ANY LOSS, LIABILITY, DAMAGE, OR COST WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY (INCLUDING DEATH) TO MY PERSON OR PROPERTY.

RULES AND HEALTH STATUS

8. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree to abide by and follow any instructions given or rules established by Maddox or any of their employees, agents, or independent contractors, with regard to my use of the horse or any equipment or gear provided therewith.

9. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this event or ongoing events, and to cover bodily injury or property damages caused to a third party as a result of my participating in this event. If I have no such insurance, I certify that I am capable of personally paying for any and all such expenses or liability.

10. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), represent that, to the best of my knowledge, I do not have any health conditions that would make it inadvisable for me to participate in equestrian activities.

11. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), understand and agree that no person will be allowed to mount any horse or pony located at 7191 Johnston Road, Pleasanton, California, without wearing an ASTM-standard and SEI certified helmet.

12. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), understand and agree that while Maddox requires all participants to wear an ASTM-standard and SEI certified helmet they do so while WARNING that no protective equipment can guard against all injuries.

VENUE, SEVERABILITY & INTEGRATION CLAUSE

13. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree that if, in spite of this contract, legal action is brought regarding a claim, it must be brought in the Superior Court of Alameda County, California and further agree that the substantive laws of the State of California shall apply in any action brought.

14. The undersigned expressly agrees that the foregoing assumption of risk, waiver of liability for negligence, and indemnity agreement is governed by the State of California and is intended to be as broad and inclusive as permitted by California law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.

15. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), understand that this is the entire Agreement between myself (and minor child if applicable) and Maddox and cannot be modified or changed in any way by the representations or statements of any employee, agent, independent contractor or by me.

16. MY SIGNATURE BELOW INDICATES THAT I HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND IT COMPLETELY, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND IT IS A PROMISE NOT TO SUE AND IS A RELEASE AND INDEMNITY FOR ALL CLAIMS.

17. If I am a parent or guardian of a minor child choosing to participate in horseback riding activities with Maddox, I consent to the child’s participation and AGREE, to all of the above provisions and AGREE to assume all of the obligations of this release on the child’s behalf.

Printed Name of Participant    

      Date:  May 28, 2022


Signature of Participant or Parent Guardian #1, if participant is under 18.

                               Date:  May 28, 2022

Signature of Parent or Guardian #2 if participant is under 18.

                                Date:  May 28, 2022

 


First Rider's Name

First Name*

Middle Name

Last Name*

Phone*
First Rider's Date of Birth*
First Rider's Signature*
Second Rider's Name

First Name*

Middle Name

Last Name*
Second Rider's Date of Birth*
Third Rider's Name

First Name*

Middle Name

Last Name*
Third Rider's Date of Birth*
Fourth Rider's Name

First Name*

Middle Name

Last Name*
Fourth Rider's Date of Birth*
Fifth Rider's Name

First Name*

Middle Name

Last Name*
Fifth Rider's Date of Birth*
Sixth Rider's Name

First Name*

Middle Name

Last Name*
Sixth Rider's Date of Birth*
Seventh Rider's Name

First Name*

Middle Name

Last Name*
Seventh Rider's Date of Birth*
Eighth Rider's Name

First Name*

Middle Name

Last Name*
Eighth Rider's Date of Birth*
Ninth Rider's Name

First Name*

Middle Name

Last Name*
Ninth Rider's Date of Birth*
Tenth Rider's Name

First Name*

Middle Name

Last Name*
Tenth Rider's Date of Birth*
Rider's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Insurance

Insurance Carrier*

Insurance Policy Number*
Maddox Family Farm Rules - Please read, thank you!

The Maddox Family Farm Rules

1. Wear an ASTM rated helmet and a heeled boot anytime you are on a horse.

2. Prior to getting on a horse you must complete the rider waiver online.

3. No running while on property. (speed walking is ok!)

4. Poop happens, if your horse poops in the arena or cross ties, please clean up as soon as possible.

5. Sweep up cross ties before and after you ride, so the next person gets a fresh/clean area to tack up in.

6. Dogs are allowed on property, however they must stay on leash and be well behaved (no barking, unless they are Tom & Jerry). Please make sure to pick up after your dog, as well. Keep all dogs at least 10’ from arena edges for safety of dogs and horses.

7. Please do not ride your horses down the driveway next to the large covered arena. You can cross over the driveway to use our trails.

8. Turn off the lights if you are the last one leaving the barn.

9. Pasture turnout in the grass pastures is fine, however, you need to stay with your horse while they are out.

10. While tacking up in the stall please make sure to use the stall ties provided to keep both horse and rider safe.

11. Please use water sparingly when washing your horses. Use a bucket and sponge as much as possible.

12. Please make sure to drive 10 mph once you come through our gates. We have horses being ridden all over the property and the safety of our horses and riders is very important.

We hope that you enjoy our farm as much as we do! Thank you for being awesome!


Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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