Please read carefully before signing. This is a release of liability and waiver of certain legal rights. I, the undersigned, wish to participate in activities at the facilities located at 2997 Pescadero Creek Road, Pescadero, California ("Ranch"), which is owned by TomKat Ranch LLC (“TKR”) which are hosted by either or both of TKR and TomKat Ranch Educational Foundation ("Foundation"). These activities may include, but are not limited to, hiking, horseback riding, dining, and recreational opportunities (collectively, "Activities"). 1. Acknowledgment of Risks: I understand that the Activities involve inherent risks, including but not limited to: - Walking in rugged areas
- Encounters with wildlife, livestock, insects, and poison oak, and related injuries
- Horseback riding and other activities around or involving horses
- Inclement weather conditions
- Exposure to communicable diseases, including COVID-19
2. Livestock Risks: I understand that horseback riding and other activities around or involving horses and other livestock are very dangerous and may include riding over and around deep and rough terrain. I understand that horse riding and horse and livestock related activities have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate. 3. Voluntary Participation: I am voluntarily participating in the Activities at my own risk, aware that injuries may arise from my own or others' negligence. I understand that TKR and the Foundation will not permit me to participate in the Activities if I do not sign this Waiver and Indemnity, because the possibility of liability for TKR and the Foundation is too great for the organizations to accept. 4. Release: I agree that I will not bring any legal action of any nature whatsoever against TKR or the Foundation, or any of their owners, directors, officers, agents, employees, or representatives (collectively, the “Ranch Parties”) in connection with the Activities, including, without limitation, any and all claims which may be based upon negligence by TKR or the Foundation in hosting the Activities. 5. Indemnification: I agree to indemnify and hold the Ranch Parties harmless from any loss, claim, expense (including attorneys' fees), demand, or cause of action of any kind or character arising from the assertion by me, my family members, or any other person, firm, or corporation that may have, or claim to have, a claim or claims connected with my participation in the Activities hosted by the Ranch Parties. 6. No Warranties: I acknowledge that the Ranch and its Activities are provided "as is" without any warranties, express or implied, regarding safety or security. I voluntarily assume full responsibility for all risks of personal injury, death, and property damage while participating in the Activities, including the risk of passive or active negligence on the part of the Ranch Parties, or hidden, latent, or obvious defects at the Ranch. 7. Comprehensive Agreement: I agree that this agreement is intended to be construed to be as comprehensive as is allowed by law, as severable, and the invalidity of any portion of which will not affect the validity of any other provision. By signing below, I confirm that I have read, understood, and agree to the terms of this Waiver and Indemnity Agreement. I am signing this document to induce the Foundation and Ranch to allow my participation in the Activities, and I would not sign if I did not understand and agree to its contents.
December 22, 2024 |