waiverofliability

RELEASE 

ART and MORE Guest Ranch

3731 McReynolds Avenue, Modesto, CA 95357   (209) 551-2308

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY 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, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE POOL LIFEGUARD, HORSE TRAINER/INSTRUCTOR, THE Art and More Guest Ranch, ITS OWNERS Chad and Cheryl Brown, EMPLOYEES AND AGENTS (“THE RELEASEES”).

I, _____________________________________ (and my minor child/ren 

__________________________________________________________________________) (hereinafter the “Undersigned”) reside at (Street Address) ___________________________________________, in (City) ______________________, 

(State, Zip) __________________  (Emergency Phone ___________________________).

On behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouses and assigns, THE UNDERSIGNED HEREBY:

1. Acknowledge that injury may occur in the course of activities at Art and More Guest Ranch, including, but not limited to, being around or using horses, the pool, water slide, play equipment, and playing games and sports alone or with others.

2. Voluntarily assume the risk and danger of injury or death inherent in activities such as listed in  #1 above. _______Please initial

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 activities such as listed in #1 above.

4. Release the Releasees from any claim that such Releasees were negligent in connection with my or my child’s activities such as listed in #1 above or care of the premises, which resulted in loss, damage, injury or death.

5. 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 my or my child’s activities such as listed in #1 above and handling or riding a horse or being in close proximity to a horse or on the premises or the failure to wear a protective helmet when riding a horse and/or and use of saddles, bridles, equipment and gear provided therewith from or contributed to by my or my child’s own negligence.

6. Expressly waive any rights I/we may have under California Civil Code 1542, which states: “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 matter set forth herein.  The Undersigned understands the word “claims” to include all actions, claims and grievances, whether actual or potential, known or unknown and specifically but non-exclusively, 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. The Undersigned expressly agrees 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.

8. Acknowledge that this document is a contract and agree that if a lawsuit is filed against Art and More or its owners, agents, employees, lifeguards, instructors or staff for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by Art and More in defending such an action.

9. Acknowledge that we have our own medical insurance which we will use to cover any injuries that occur while on the premises of 3731 McReynolds Avenue, Modesto, CA.  ______Please initial

10. IT IS RECOMMENDED THAT I, MY CHILD, AND ALL RIDERS WEAR A PROTECTIVE HELMET.  IT IS MY UNDERSTANDING THAT A PROTECTIVE HELMET IS AVAILABLE AND HAS BEEN OFFERED FOR MY OWN OR MY CHILD’S SAFETY.

I have read this document. I understand it is a promise not to sue and to release and indemnify the Trainer, Instructors, Lifeguard, Art and More, its owners, employees and agents for all claims.  I have made a free and deliberate choice to sign the Release and Waiver as a condition to Releasees allowing me or my child to participate in Art and More activities, ride or handle a horse, and/or swim.  I have concluded that the risks involved are worth the pleasure of the activities and horseback riding experience and acknowledge that the same is valuable consideration for this Release and Waiver of Liability.

SIGNATURE ___________________________________        DATE  ___________________

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