OC Equestrian Vaulting DBA: OC Vaulting Assumption of Risk, Waiver & Release of Liability & Indemnification This agreement is made and entered into By and between you, hereinafter referred to as “ I “ and OC Equestrian Vaulting, doing business as OC Vaulting located at 6352 Nohl Ranch Rd., Anaheim Hills, CA 92708, and any and all employees, agents, officers, instructors of same, hereinafter referred to as “ OCV “ hereby agreed to as follows: 1. HAZARDOUS ACTIVITY: ACKNOWLEDGE THAT EQUESTRIAN VAULTING, RIDING, THE HANDLING OF ANIMALS OR BEING IN CLOSE PROXIMITY TO ANIMALS IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH because of the unpredictable nature and irrational behavior of animals, regardless of their temperament, training or past performance. 2. RELEASE, DISCHARGE AND PROMISE NOT TO SUE for any loss, damage, injury, including death, or cost to me or my child(ren) arising out of the handling of vaulting on, riding, being in close proximity to a horse, on the premises, when handling, vaulting, riding a horse, using of saddles, bridles, equipment or gear provided by me or to me by “OCV” 3. I understand that a horse’s natural instincts are to jump forward or sideways, to run away from danger at a trot, canter, or gallop, to kick, to buck, to rear up in front, or to bite. I understand that helmets, safety equipment, proficiency checks, supervision and/or enforcement of rules DO NOT, AND CANNOT, GUARANTEE my safety. I understand these risks and voluntarily assume these risks and dangers for myself or on behalf of my child or legal ward. 4. “RIDING” Defined: when the “rider” is sitting on the back of a horse in a saddle, or bareback and personally controls the movements of the horse with bridle & reins. 5. “VAULTING” Defined: gymnastic or dance movements performed on American Vaulting Association regulation practice barrel, or on the back of a horse, while being controlled or commanded by a Lunger (handler), on the ground, via a long or lunge line. 6. RIDING HELMETS: I understand that I can better protect myself against head injuries by wearing protective equestrian head gear while mounting, riding, dismounting and being around horses. OCV does NOT provide helmets to riders. Helmet failure due to manufacturer defects is out of the hands of OCV. OCV REQUIRES all minors riding, (not vaulting), to WEAR helmets. I accept full responsibility for the increased risk of injury if I decide not to wear a helmet. 7. PROTECTIVE HEADGEAR AND APPARREL: I have been advised to wear protective footwear at all times while I am grooming or tacking up the horses AND wear a helmet while riding (being in control of the horse as opposed to vaulting on a horse being lunged). While vaulting, I have been advised that I should wear vaulting slippers/light soled shoes, tight fitting stretchy clothing with no buttons, zippers or strings, have my hair tied back and remove all jewelry. 8. HELMET WAIVER FOR VAULTING: Vaulting, a gymnastic sport, generally does not employ the use of head gear for safety reasons. Helmets or head gear may become entangled in vaulting equipment, impair balance and cause injury to you or other vaulters. While OCV does NOT PROVIDE helmets, you may still opt to wear one but you will be limited to vaulting solo and only performing certain exercises. 9. I HEREBY AUTHORIZE & CONSENT TO THE FOLLOWING MEDICAL TREATMENT FOR SAID MINOR(s): Any x-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care which is deemed advisable by, and is to be rendered under the general or special supervision of any physician and/or surgeon licensed under the provisions of the Medical Practices Act, California Business and Professions Code Section 2000 et seq.; or any x-ray examination, anesthetic, dental or surgical diagnosis or treatment, and hospital care to be rendered by a dentist licensed under the provisions of the Dental Practices Act, California Business and Professions Code Section 1600 et seq. This authorization is given pursuant to the provisions of Section 25.8 of the Civil Code of California. This authorization shall remain effective until my child completes his/her activities in this program unless sooner revoked in writing. I understand that as a parent/guardian, I will be responsible for the cost of any service or treatment provided. 10. LIABILITY RELEASE: I understand that, except in the event of OCVs’ wanton or willful negligence, I am responsible for bodily injury or property damage that I or my child or legal ward should sustain while riding a horse provided by OCV. I am also responsible for medical expenses or any other expense incurred as a result of such bodily injury or property damage. I am responsible for any time I, or my child or legal ward shall lose in employment or school or other activity. I hereby for myself, my heirs, administrators and assigns release and discharge OCV (the instructor(s) and all of their officers and employees from claims, demands, actions, and causes of action for such injuries sustained to my person, or that of my child or legal ward and/or my property. 11. INDEMNITY: I agree to indemnify and pay any expenses, loss or damage that is incurred by OCV and all of their officers and employees arising out of my, my child or legal wards participation in any OCV sponsored or related activity. 12. INDEMNITY / LIABILITY RELEASE: In the knowledge that a parent by law cannot waive the personal injury rights or other claims of a (their) minor child or legal ward, the undersigned parent or guardian of said minor child or legal ward agrees to indemnify OCV and all of their officers and employees from any financial loss suffered as a result of any claim brought on behalf of said minor child or legal ward. Further, I agree not to bring any claim or other legal action against OCV and all of their officers and employees for personal injuries suffered by said minor alleging negligent acts or acts of omissions by OCV and all of their officers and employees. DO NOT SIGN UNLESS YOU HAVE THOROUGHLY READ AND FULLY UNDERSTAND THE ENTIRE CONTENTS OF THIS RELEASE FORM
ANAHEIM HILLS SADDLE CLUB, INC & NOHL RANCH SADDLE CLUB Release & Waiver of Liability, Assumption of Risk, Indemnification Agreement READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU (AND YOUR CHILD) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF ANAHEIM HILLS SADDLE CLUB &/or NOHL RANCH SADDLE CLUB , ITS INSTRUCTORS, ITS OWNERS, VOLUNTEERS, AND AGENTS ("THE RELEASEES"). In consideration for allowing me (or my minor child) to handle and ride a horse and on behalf of myself, my child, or our personal representatives, heirs, next-of-kin, spouses, and assigns, THE UNDERSIGNED HEREBY: 1. ACKNOWLEDGE THAT HORSEBACK RIDING, THE HANDLING OF A HORSE OR BEING IN CLOSE PROXIMITY TO A HORSE IS AN INHERENTLY 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 or past performance. I voluntarily assume the risk and danger of injury or death inherent in the handling or riding of a horse or being in close proximity to a horse or on the premises of the stable or the failure to wear a protective helmet when riding a horse, and use of saddles, bridles, equipment and gear provided to me by Releasees. 2. Acknowledge that a horse or pony 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, saddles or bridles may loosen or break - all of which may cause the rider to fall or be jolted, resulting in serious injury or death to the Undersigned or any person within close proximity of a horse. 3. RELEASE, DISCHARGE AND PROMISE NOT TO SUE the Releasees for any loss, damage, injury (including death) or cost to me or my child arising out of the handling or riding of a horse or being in close proximity to a horse or on the premises of the stable or the failure to wear a protective helmet when riding a horse, and use of saddles, bridles, equipment and gear provided by Releasees. I hereby release the Releasees from any claim that such Releasees were negligent in connection with my or my child's riding a horse including but not limited to training or selecting horses, maintenance, care, repair, upkeep or adjustment of saddles or bridles, instruction on riding skllls or leading and supervising riders or the use of any equipment provided by the Releasees or being on the premises of the Stable, which resulted in loss, damage, injury or death. 4. INDEMNIFY, AND SAVE AND HOLD HARMLESS the Releasees from and against any loss liability, damage, or cost they may incur arising out of or in any way connected with either me or my child's handling or riding the horse or being in close proximity to a horse or on the premises of the stable or the failure to wear a protective helmet when riding a horse and/or and use of saddles, bridles, equipment and gear provided by the Stable or any Releasees. 5. Agree to abide by and follow any instructions given to me or my minor child, or rules established by the Releasees or any of its employees, agents, instructors, guides, or wranglers with regard to me or my child's riding or handling of the horse or being in close proximity to a horse or on the premises of the stable or the failure to wear a protective helmet when riding a horse or any saddles, bridles, equipment and gear provided therewith. 6 Agree that I, the Undersigned, have read and understood the following language of Section 1542 of the California Civil Code which provides "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." Having reviewed this provision, the Undersigned nevertheless voluntarily releases the Releasees from all liability for claims arising out of the matters set forth herein. The Undersigned understand the word "claims" to include all actions, claims, and grievances, whether actual or potential, known or unknown and specifically but nonexclusively, all claims arising out of the matters set forth herein. All claims are forever barred by this release without regard to whether those claims are based on the alleged breach of duty arising under contract or in tort or any other claims or cause of action. 7. Agree that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by laws of the State of California and is intended to be as broad and inclusive as is permitted by California law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. I, the Undersigned, acknowledge that this document is a contract and agree that if a lawsuit is filed against, Anaheim Hills Saddle Club and/or Nohl Ranch Saddle Club, or its owners, agents, employees, guides, or wranglers for any injury or damage in breach of this contract, the Undersigned will pay all attorney's fees and costs incurred by the Stable in defending such an action. 8. UNDERSTAND AND ACKNOWLEDGE THAT A PROTECTIVE HELMET IS AVAILABLE AND HAS BEEN OFFERED FOR MY OWN AND/OR MY CHILD'S SAFETY. IT IS MY UNDESTANDING THAT A PROTECTIVE HELMET IS REQUIRED FOR ANYONE UNDER THE AGE OF 18 AND IS RECOMMENDED FOR ALL RIDERS. ALL RIDERS OVER THE AGE OF 18 THAT CHOOSE TO RIDE WITHOUT A HELMET DO SO AT THEIR OWN RISK. 9. Agree that any controversy or claim arising out of or relating to this Release, or the breach thereof, shall be settled by arbitration administered by the JAMS (Judicial Arbitration and Mediation Service, Inc.) or to any other alternative dispute resolution organization within 50 miles of Anaheim Hills Saddle Club and/or Nohl Ranch Saddle Club and the opposing party to this Agreement. The organization shall select an arbitrator from a provided list of at least 5 proposed arbitrators from which each side may strike not more than 2 names. If each side proposes arbitrators from different organizations, the least expensive selected shall arbitrate the matter. If both organizations cost the same, the closest to the premises will be used. The arbitrator shall be a retired California judge, or an attorney with at least 30 continuous years of lawyering experience. JAMS “Streamlined Arbitration Rules & Procedures” shall apply and are available here: https://www.jamsadr.com/rules-streamlined-arbitration/ Arbitration is self-executing; the arbitrator shall determine all issues including whether the dispute is covered and may be arbitrated or not arbitrated. 1. Discovery is allowed per Federal Rules of Civil Procedure, not more than three depositions, all other forms of discovery and pretrial motions allowed, to be governed by federal procedure, unless for good cause the arbitrator allows more or less discovery. 2. The decision of the arbitrator is final. Arbitrator to apply legal standards based on preponderance of legally admissible evidence. All claims and defenses are permitted for all parties, including res judicata, collateral estoppel, and the inherent power to sanction improper, abusive, vexatious litigants and frivolous conduct. I have read and understood this document. I will not sue and I release all claims. Further, I indemnify and hold harmless Anaheim Hills Saddle Club and/or Nohl Ranch Saddle Club, its instructors, owners, agents, employees, and volunteers for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to Releasee allowing me or my child to ride or handle a horse. I have concluded that the risks involved and the Release and Waiver of Liability are worth the pleasure of the horseback riding experience and acknowledge that the same is valuable consideration for this Release and Waiver of liability.
Nohl Ranch Saddle Club Rules and Regulations (Guests / Participants): Rules and Regulations may have additions and/or adjustments when management deems necessary. 1. No horse is to be left unattended or unsupervised on any hot walker, wash rask, crossties or arenas. Other than hand feeding, feeding horses inside arenas is not allowed. Do not leave your belongings in common areas except while grooming or tacking up/down. 2. All guests and participants are required to clean up after the horse anywhere on the grounds outside of the stall. Nohl Ranch Saddle Club management will be working together with all staff, trainers, boarders at the facility to insure the highest level of standard toward the Best Practices of Equine Manure Management per Earth Riders Equestrian Environmental Group. Manure must be cleaned up and placed in the properly marked muck buckets. DO NOT mix with any other trash. Clean up in these areas but not limited to; All riding arenas, turnouts, crossties, barn aisle, walkways, hotwakers, washracks. Wash rack manure clean up procedure: when horses pass manure, shut off water immediately, scoop up pile and place in manure bucket, then turn water back on a return to bathing horse. DO NOT WASH MANURE DOWN THE DRAIN! No bathing of horses in areas other than wash racks with drains. NO body clipping, "Shedding out", trimming/cutting hair, picking hooves, in wash racks. No riding or handwalking on landscaped, grassy areas or asphalt (except when necessary for moving between Upper and Lower Ranch). Prior to leaving Crossties, one must sweep and remove any debris and place it in the proper disposal bucket/can. 3. No vehicle parking other than in designated areas. No blocking the access to: facility entrance, driveways, dumpsters, arena gates, trail access, storage units, barn aisles, next to arena rails. NO PARKING in or near trailer storage lot. No parking on inner circle(island side) between Lower Front Barn and Main Barn, or on artificial grass, ivy, mulch. When parking on pavement, keep all tires on pavement to prevent damage to turf, sprinklers or lights. No overnight parking or storing of vehicles or trailers without management approval. No driving thru barn aisles, except upper barn near office, and pick up or drop off of heavy items deliveries. Do not idle engines within 50 feet of stalls. Do Not move any orange cones to park in the coned off areas. 4. All guests and participants of any age receiving riding instructions must wear a protective helmet at all times. Children under the age of 7 years of age are not allowed on a horse at any time. 5. No facility use by non-boarders is allowed without prior permission from management. 6. ABSOLUTELY NO feeding or handling of horses you do not own without notification/prior permission from owner and/or NRSC management. 7. Guests / Non-boarders are NOT allowed in barns aisles or to roam the facility without horse owner/boarder present and in attendance with them. 8. NO SMOKING ANYWHERE on Nohl Ranch Saddle Club property. This includes electronic cigarettes. 9. No riding in barn aisles, or "double riding" (two or more people riding one horse at same time). 10. For reasons of safety and liability, Non-Boarders are not allowed to bring dogs, other than service dogs, onto NRSC property. 11. No Moving horse(s) to stall(s)/paddocks other than what has been designated/provided and approved by management. 12. No leaving trash on the ground/premises other than deposited in trash cans. You must put garbage in available trash cans. No dumping of "off site" household or industrial garbage in dumpster, trashcans, or anywhere on the Nohl Ranch Saddle Club property. 13. There will be NO training, instruction, or horse care given, other than owned horses, by anyone other than Nohl Ranch Saddle Club-approved trainers in current standing. 14. There will not be alterations, repairs, revisions, or changes made to the stalls, corrals, fencing, NRSC feed signs, tack rooms, or any other NRSC structures without pre-approval from management. Do not store belongings in front of stall except halter and lead, seasonal blankets to be hung in an non obstructive manner for entry to stall and for others to pass by. For emergency purposes, halter and lead must be hung on stall at all times when horse is in stall. Keep barn isles clear so staff can have access for feeding, cleaning, shaving delivery or maintenance. No pellet or straw bedding allowed. No Hay or Trash in Manure buckets/cans/bins/heaps. It MUST be separated for disposal purposes. 15. There is no trail access during "RED FLAG FIRE DANGER" as posted by Anaheim Fire Department. 16. All riders (boarders, guests etc.) must sign the NRSC release of liability agreements and be submitted to management PRIOR to riding. All boarders/trainers are responsible for their guests/students/clients signing and submitting releases to the NRSC office before riding and participating in activities. Holding the document and submitting for their guest afterward is not allowed. Boarders and/or trainers that do not comply will be subjected to revocation of NRSC-privileges. 17. Nohl Ranch Saddle Club Management has the right to terminate property access at any time. 18. Other than selling of owned horse and/or tack, commerce, conducting business, selling/buying) within Nohl Ranch Saddle Club property, unless approved by management prior, is not allowed. Selling of tack shed(s), non-owned horses, etc, must go through office management first for approval. 19. Absolutely No turn outs in Front Arena, covered arena or dressage arena. No reining patterns, spinning, cavalletti work, etc or lunging in Dressage arena. No use of jumps except under supervision and/or permission of NRSC trainer who owns jumps. When working Barrel and/or mounted circle exercises you must change location of Barrels and/or circles often to prevent footing being overly "dug in'' to, which would disrupt and ruin the laser leveling of footing in the arena. An NRSC instructor, who gets prior authorization can do a lunge line lesson in the front or covered area only when there is no interference to any other riders sharing the same arena and circle needs to move often. No horse exercising lunge line work is to be performed in Front or Covered area. Round pens in Covered arena may only be used for beginner/novice lessons when the outside round pens are non-usable due to weather related conditions. Exercise lunging of horses in Covered arena round pens will not be allowed during dry weather conditions, but will only be allowed with prior notice of authorization when outside pens are non-usable due to weather related conditions, and must be done with a lunge line attached, under control by handler and cannot be performed when others are riding in the round pen or open part of cover arena. Once outside pens are dry and usable again the special authorization period to lunge in the Covered arena round pens will be revoked and return back to No lunging regulations. Any of these special privileges can be terminated at any time for an individual. 20. No taking of shavings or hay without checking with management first. Taking feed or bedding is considered theft by NRSC management and the offender will be subjected to eviction with only 7 days to vacate. No use of Ranch shop tools, veterinary supplies, ranch tractors, or vehicles. DO NOT touch water valves, electrical or sprinkler-system boxes/timers. 21. Do not turn the arena lights on, unless you are using the arena. 22. No flushing of paper towels, or feminine hygiene products down toilets. 23. In the interest of biosecurity. Do not bring your horse thru barn aisles where your horse is not stabled. NO AISLE GRAZING. 24. Heaters and corded fans are not allowed. Only battery-powered fans are allowed and must obtain NRSC approval to use. 25. Do not tie horses to barn structures, stalls, fences, arena rails, etc. Only tie horses within designated crossties or hitching post. 26. A horse at liberty that disrupts the safety of riders must be caught immediately and removed from the turnout. Priority of round pen/turn out use: 1) Riding lessons with instructor. 2) Riding as an individual. 3) lunging and turnouts. Turn out and lunging time limit when all round pens/turn outs are in use will be 15 minutes when another is waiting. This is the time that the horse and boarder has originally entered the round pen/ turn out. Do Not leave horse unattended for long periods of time, stay close by to be able to watch horse and/or for others who may come into a waiting line up. 27. When the tractor comes to an arena, round pen or turn-out you must exit that area to allow it to groom the footing. Normal daily grooming of arenas will be planned for early mornings. The schedule from time to time will adjust due to weather conditions, events or other maintenance. Prior to rain events, certain areas will be sealed (prepped for assistance to help it dry quicker after rain) and access will be declined during this practice till after the rain and area has dried efficiently. There will be some pens left open during these weather events, and any boarder who uses them is doing so at their own risk. NRSC will not be held liable if any user or user horse(s) become injured due to entering, working in such conditions caused by weather. Code of Ethics At Nohl Ranch Saddle Club, it is expected for all who are here to enjoy the Club and Ranch setting to help maintain the culture and community that has been created here. By initialing below I understand that I am responsible for my actions while participating in all activities at Nohl Ranch Saddle Club, as well as I am representing The Saddle Club as well as the trainers at any offsite events, clinics, horse shows as one of the boarders / riders of Nohl Ranch Saddle Club. I agree to maintain a positive attitude, and be supportive to other members of the Club, riders, or trainers. I agree that I will not bully, assault, verbally or physically any barn mates, trainers, managers, owners, or facility staff. I am aware that Nohl Ranch Saddle Club has a ZERO TOLERANCE POLICY for any sort of physical or verbal abuse, bullying or harassment which includes but is not limited, in person, text, email, phone, or Social Media of any sort. These standards are within the USEF standards of Safe Sport for the Equestrian industry. I understand that if at any time, I or someone affiliated with me, becomes a nuisance or breaks any of the above Code of Ethics I can be asked to leave Nohl Ranch Saddle Club immediately without the refund of the 30 day notice. This includes persons enrolled in training or Riding Academies/Schools. If a guest has a rider/handler/participant who is a minor under the age of 18 years of age, both parent/guardian and the minor will initial below so that both parties are aware of the Rules and Code of Conduct.
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