Loading...

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, (and my minor child, if applicable), in consideration of my and/or my minor child's participation horseback riding, horse training, competing on horses, handling horses, being in close proximity to horses, and other related activities (hereinafter collectively referred to as “Equestrian Activities”) hereby release, waive, discharge, and covenant not to sue Kelly Maddox Training, Inc., Maddox Farm LLC, The Maddox Family Farm, Kelly Maddox, Kevin Maddox, Kieran Dulik along with their respective officers, directors, agents, employees, independent contractors, and volunteers (hereinafter collectively referred to as the "Released Parties"). This release is made on behalf of myself and, if applicable, my minor child, as well as our heirs, assigns, personal representatives, 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 that 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. An inherent risk of an equine activity means a danger or condition that is an integral part of the equine activity. The following items describe some, but not all, of those risks:

1.1. A horse's propensity to behave in ways that may result in injury, harm, or death to a person or one around it. 1.2. The unpredictability of a horse’s reaction to things such as sounds, sudden movement, people, other animals, or unfamiliar objects.

       1.2.1. For example, 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.

1.3. A hazard such as a surface or subsurface condition.

1.4. Colliding with another horse or object.

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

1.6. Risks caused by other people’s actions, 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 Equestrian Activities with the Released Parties.

2. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), acknowledge that participating in Equestrian Activities is dangerous 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 the Released Parties and understand that equipment can fail at any time, 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 Rd, Pleasanton, CA 94588 and any other location the Released Parties do business.

WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE

5. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), RELEASE, WAIVE, AND DISCHARGE the Released Parties 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 the Released Parties 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 Rd, Pleasanton, CA 94588 and any other location the Released Parties do business.

INDEMNIFICATION AGREEMENT

6. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree to HOLD HARMLESS, DEFEND, AND INDEMNIFY the Released Parties (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:

6.1. My or my minor child’s participation in Equestrian Activities;

6.2. Arising out of or in any way connected with either my use of the horse and any equipment or gear provided;

6.3. Arising out of any acts or omissions of employees or agents OR

6.4. Arising out of claims of co-participants, rescuers, and others as a result of my participation in Equestrian Activities.

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 the Released Parties doing business under their own name or any other name, 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 the Released Parties with regard to my use of the horse or any equipment 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 can personally pay 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 Rd, Pleasanton, CA 94588 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 the Released Parties require me 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. I, the ADULT PARTICIPANT OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S), agree 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 the Released Parties 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 Equestrian Activities with the Released Parties, I consent to the child's participation, I AGREE to all of the above provisions, and I AGREE to assume all of the obligations of this release on the child’s behalf.

Printed name of Participant                    

                                                             

Date March 31, 2025


Signature of Participant or Parent or Guardian #1

if Participant is under 18.       

Date March 31, 2025


Signature of Participant or Parent or Guardian #2

if Participant is under 18.       

Date March 31, 2025











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

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*
Second Rider's Signature*
Third Rider's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

Last Name*
Tenth Rider's Date of Birth*
Tenth Rider's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Emergency Contact's Relation to Participant
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.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
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 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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!