THIS CONTAINS IMPORTANT LIMITATIONS OF YOUR LEGAL RIGHTS. READ AND UNDERSTAND BEFORESIGNING. IF YOU HAVE ANY QUESTIONS,ASK FOR AN EXPLANATION.
The undersigned states as follows:
I acknowledge that competitive and pleasure horse riding contains inherent risks of injury and damage to me personally, to my horse and to my equipment. Knowing these facts, I nevertheless, in consideration to your acceptance of this form, hereby, for myself, my heirs and administrators, waive, release and discharge and hold harmless Alicia Albin and Juniper Trails LLC and any affiliated business associated with Alicia Albin and all other persons and organizations in any way connected with the events, property, boarding, lessons, transporting or any other activity described herein, their representatives, heirs, executers, administrators and assignees from any and all right, claim or liability for damages or for any and all claims of any kind or nature that I might have as a result of, or arising out of my participation, caused by my own act or the acts of anyone or any animal within my control or the control of JUNIPER TRAILS ALICIA ALBIN and all other persons and organizations connected in any way. I further agree that I will defend, indemnify and hold harmless JUNIPER TRAILS LLC ALICIA ALBIN, and all other persons and organizations connected in any way against all claims, demands and causes of action including court costs and attorney’s fees directly or indirectly arising from any action or other proceeding brought by or prosecuted for my benefit contrary to this release extended to all claims of every kind and nature whatsoever whether known or unknown and expressly waive any benefits I may have under Section 1542 of the California Civic Code relating to the release of unknown claims which reads as follows:
*. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
MINORS MUST HAVE THE SIGNATURE OF PARENTS OR LEGAL GUARDIAN
ALL MINORS MUST WARE A HEMET INSIDE THE FACILITY WHILE ON A HORSE I DO UNDERSTAND AND HAVE READ THE FORGOING PARAGRAPH AND KNOW AND UNDERSTAND THE CONTENT THEREOF. I affirm and recognize that there are SUBSTANTIAL RISKS involved in horseback riding and equestrian activities which include, but are not limited to, severe injuries, resulting in permanent physical disabilities, bone and joint injuries, muscle strain and muscle injury, brain injury, neurological damage and death. Horses are unpredictable and they may react to the conduct and actions of other riders and persons. Horses may, without warning, kick, bite, buck, stomp, stumble, rear, bolt, fall down and react to sudden movements, noise, light, vehicles, other animals or objects. Equestrian activities involve equipment that may break, fail or malfunction. Other riders may not control their animals, or ride within their ability, and cause a collision or other unpredictable consequence. Equestrian activities may be conducted in areas which are subject to constant change in condition according to weather, temperature, and natural and man-made changes in the landscape, including the riding ring, where objects are not marked and hazards may not be visible where trails are not groomed, maintained or controlled; where weather is changeable, unpredictable and dangerous; and where lightning, thunder, beehives, streams, creeks, fallen timber, wild animals and other natural hazards and dangers exist. I affirm and recognize that there are other risks, hazards and dangers that are integral to equestrian activities in a wilderness or outdoor environment. I further affirm that the description of the risks in this document are not complete and that there are other risks, hazards and dangers associated with participating in equestrian activities in an outdoor environment that may be unknown or unanticipated. I expressly acknowledge that injuries received may be compounded or increased by negligent rescue operations or procedures and therefore agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts or negligence, whether active or passive, by the Released Parties Juniper Trails LLC Alicia Albin is intended to be as broad and inclusive as permitted by the laws of the Province or State in which the activities are conducted. I agree to release and forever discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment or service rendered in connection with my participation in the equestrian activities. I hereby agree to indemnify and save and hold harmless the Released Parties and each of them from any lawsuit by myself or by anyone on my behalf, personal representatives, estate, heirs, next of kin or assigns arising out of, or related to, horseback riding related activities that I may engage in or any other related equestrian activities for whatever period said activities may continue, whether caused by negligence, whether active or passive, of the Released Parties. I agree that I will not make a claim of any kind against the Released Parties as a result of any damage, injury,
Release of Liability
paralysis or death, or my property and agree to save and hold harmless, indemnify and forever defend the Released Parties as a result of my participation in the equestrian-related activities, as well as expenses and liabilities, including reasonable attorney’s fees incurred by the Released Parties resulting from any such claim, action or demand. I do hereby grant and convey to Alicia Albin, and Juniper Trails LLC all right, title and interest in any and all photographic images and video or audio recordings made during my participation, including but not limited to, any royalties, proceeds or other benefits derived from such photographs or records. I understand the nature of the equestrian activities, my experience and capabilities and believe that I am qualified, in good health, and in proper physical condition to participate in such activity. I HAVE READ THIS CONSENT AND AGREEMENT, RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT; I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT. AS PARENT(S) AND/OR LEGAL GUARDIAN(S), I/WE ARE SIGNING THIS DOCUMENT ON BEHALF OF MYSELF AND MY HEIRS. I HAVE AGREED TO THIS RELEASE AND WAIVER OF LIABILITY FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND I UNDERSTAND THAT THIS DOCUMENT REPRESENTS A LEGAL CONTRACT.