The undersigned ("I" or "Participant), understand and acknowledge that this is a legal agreement that will either eliminate or severely restrict my legal rights and the rights of my minor child, heirs, and relatives in case he/she is injured, dies, or is otherwise damaged as a result of participation in equestrian activities or attendance at Hooves and Hearts LLC, Saluti Cellars, The Highland Arena and any additional locations affiliated with the above listed businesses or equestrian utilized facilities. I acknowledge that horseback riding, participation in riding lessons and clinics, trail ride experiences, being near horses, and being at equestrian facilities and on affiliated land is inherently dangerous and involves risk of serious and permanent physical and emotional injury and, in extreme cases, possible death. I understand that I can get stepped on, kicked, thrown or otherwise injured by my own horse or any other horse. I understand and agree that I ride and participate in horse riding lessons, clinics, trail rides, performance sports, related activities and have elected to be present at the Hooves and Hearts LLC, Saluti Cellars and any affiliated properties and equestrian facilities at my own risk. I acknowledge there are inherent risks associated with equine activities, including, but are not limited to the propensity of equines to behave in ways such as running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping, that may result in personal injuries, harm or even death to persons on or around them; the unpredictability of equine's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions or interactions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the Participant or others, such as failing to maintain control, or loss of control, over the horse or not acting within a Participant's ability or skill level. I expressly assume all risks associated with participating in such activities and/or being on Hooves and Hearts LLC, and/or Rossi Family and/or Saluti Cellars's affiliated property, in addition to the risks inherent in participating in horseback riding, training, roping, barrel racing, trail riding experiences, livestock sports, arena riding and use, camps, clinics, events, all equestrian activities, exploring Hooves and Hearts LLC, Saluti Cellars, or Rossi Family affiliated property, uneven terrain and unkept property, exposure to livestock, including but not limited to cows, goats, donkeys, pigs, chickens, and/or wild animals, rodents, snakes, coyotes, mountain lions, dogs or other domestic animals, or other invited or uninvited visitors or boarders of the property. In the event the Participant is an entity, Union, or City or County employer, said organization agrees to restrict all claims of liability to their department and acknowledges that they will indemnify all persons and employees of their department, organization or union while using the facility affiliated with Hooves and Hearts LLC, Saluti Cellars, Rossi Family property, 7505 Grizzle Flat Rd, Somserset, CA 95684. I, on behalf of all and each of my heirs, executors, administrators, successors, and assigns, hereby assumes all responsibility and risk and releases and forever discharges further agree to defend, indemnify and hold harmless Hooves and Hearts, LLC, Saluti Cellars, The Rossi Family, and 7505 Grizzly Flat Rd, their owners, officers, directors, members, contractors, trainers, trail guides, medical staff, agents and employees, and all persons acting by, through, under, or in concert with any of them (collectively, the "Released Parties") and holds the Released Parties free and harmless and indemnifies them from any and all, injuries (including death), claims, demands, actions, suits, procedures, costs, expenses, damages, liabilities and causes of action of every kind, known or unknown, of any nature whatsoever (including attorneys' fees and costs) arising out of or connected with (a) my participation, or that of my minor child/children, guest and invitees participation, in horseback riding, riding lessons, riding clinics, trail ride experiences, performance/competition sports, barrel racing and related equestrian activities, and any other use of, or attendance at, the Hooves and Hearts LLC & Saluti Cellars/Rossi Family premises by the undersigned or by any of my minor children and guests; or (b) any acts of horses or any other animal owned by the undersigned. In the event a claim is made, or litigation instituted, arising out of my participation, or that of my child/children, guests or invitees, in horse riding, horse riding instruction or any form of interaction with a horse, I agree to pay actual attorney's fees and costs incurred by Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates in responding to and defending against said claims and all damages, judgements and awards as may be entered against Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates. Parental / Guardian Indemnity. I, as the parent/legal guardian of my minor child/children, guests and invitees under 18 years of age, (each a "minor") hereby expressly agree to defend and indemnify the Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates and their owners, officers, trainers, trail guides, agents, employees and attorneys, from any claims made in the future by said minor(s) relating to, arising out of, or as a result of, their participation in the sport of horse riding, horse riding instruction or any form of interaction with a horse, or arising while they are at the Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliated property. I further agree that I will not sue or make a claim against the Released Parties for injury, damage, death, or other losses sustained as a result of my participation in equestrian activities, use the Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliated premises, injury, or damage to my horse(s). I understand that by signing this Waiver, Release and Indemnity Agreement, I am giving up significant rights that I and my family and heirs may have. Knowing this and being under no duress or compulsion to enter into this Release Agreement or make the promises and agreements contained herein, I still elect to use the Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliated facilities and therefore voluntarily give up my rights as described in this Agreement. I acknowledge that horses, by their very nature, are unpredictable and subject to animal whim. I assume all risks in connection therewith, and expressly waive any claims for any injury or loss arising therefore. I agree to abide by and follow Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family’s current rules and regulations. I further acknowledge that the behavior of any animal is contingent to some extent upon the ability of its rider. I assume all risks therefore and warrants a full and fair disclosure of the rider's abilities has been made to Hooves and Hearts LLC. All Riders who are employees of an organization, entity, union or employed by city, county or state acknowledge that they are operating under their employer at all times while on property at Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliated properties. I agree to hold harmless, indemnify and defend Hooves and Hearts LLC, Saluti Cellars, and/or any Rossi Family affiliated parties, their owners, officers, employees, trainers, and agents against any and all claims, demands, causes or action, damages, judgments, orders, costs or expenses, including attorney's fees, which may in any way arise from or be in any way connected with the use of or presence upon the Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family property, located at 7505 Grizzly Flat Rd, Somerset, CA 95684 and the facilities utilized, owned, or affiliated thereon. AUTHORIZATION TO OBTAIN MEDICAL TREATMENT FOR MINOR CHILD. Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates is hereby authorized to obtain any and all medical treatment Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates deems reasonably necessary for my minor child/children. Parent/Guardian agrees to bear any and all cost connected therewith. Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates shall incur no financial liability for medical treatment obtained pursuant to this authorization deems reasonably necessary for my minor child/children. Parent/Guardian agrees to bear any and all cost connected therewith. Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates shall incur no financial liability for medical treatment obtained pursuant to this authorization. RELEASE OF LIABILITY (HELMET) I, for myself and/or on behalf of my child or legal ward, heirs, administrators, personal representatives or assigns, release and discharge Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates and their respective owners, officers, directors, employees, trainers, trail guides, agents, representatives, insurers, assigns, and others acting on their behalf, or and from all claims, demands, or causes of action, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of bodily injury, including death, or property damage that may be sustained, or property damage which may occur, including those arising, caused by or contributed to as a result of NOT wearing an SEI Certified - ASTM Equestrian Helmet. The undersigned agrees that in the case of any potential legal action arising with Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates mediation will act as a precondition to any legal action. This Waiver, Release And Hold Harmless Agreement represents the entire agreement between the parties as to the terms and conditions contained herein. It may not be modified or rescinded except by a writing executed by an authorized agent of Hooves and Hearts LLC, Saluti Cellars, and/or Rossi Family affiliates. No other agreements, promises, or representation, verbal or implied, are included herein unless specifically stated in a written agreement. This Contract is made and entered into in the State of California and shall be enforced and interpreted in accordance with the laws of said State. I represent that I have carefully read each and every one of the provisions of this Agreement and fully understand each provision and, understanding that I am giving up significant rights, agree to be bound by the terms of each provision. PLEASE READ THIS AGREEMENT CAREFULLY. DO NOT SIGN THIS EQUESTRIAN WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT UNTIL YOU HAVE READ AND UNDERSTOOD EACH AND EVERY PARAGRAPH. |