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WAIVER OF EQUINE UNLIMITED, INC. NEGLIGENCE AND PARTICIPANT HOLD HARMLESS AGREEMENT

1. INHERENT RISKS: I the Undersigned adult participant, or if a minor, the parent or guardian of minor participant, acknowledge and assume the inherent risks involved in riding and working around horses, that are both known and unknown, such as bodily injury or death from using, riding or being in close proximity to horses, amoung other risks such as acts of God, loose or running horses or other animals; mechanical, agricultural or construction failures or difficulties; climatic conditions or arena or facility conditons; or any other abnormal conditions or developments that affect a horse, rider, or equipment and property. I further acknowledge that a horse and/or rider can be permanently injured or killed in normal use or in competiton and schooling.

2. IN CONSIDERATION, therefore for the privilege of riding and/or working around horses at EQUINE UNLIMITED, INC. located at 3984 Green Valley Road, Rescue, California, 95672, I the Undersigned residing at the address I provided on this form, do hereby agree to assume the risk of injury, hold harmless and indemnify EQUINE UNLIMITED, INC. and its owners, managers, employees, associates, teachers, sponsors and contractors, and further release them from any liability or responsibility for accident, damage, injury, illness to the Undersigned or any horse owned by the Undersigned or to any family member or spectator accompanying the Undersigned while on the premises of EQUINE UNLIMITED, INC.: and that except in the event of EQUINE UNLIMITED, INC.'S gross and willful negligence, I shall bring no claims, demands, actions and causes of action, and /or litigation against EQUINE UNLIMITED, INC. for any economic and non-economic losses due to bodily injury, death, and/or property damage sustained by me and/or my minor child or legal ward in relation to the premises and operations of EQUINE UNLIMITED, INC., Including riding, handling, or other wise being near horses on the premises. I the Undersigned herby release EQUINE UNLIMITED, INC. from any duty of controlling any other participants, spectators, or animals.

3. I the Undersigned do hereby, and for my heirs, legal representatives, agents, succossors-in-interest and assigns, expressly waive and relinquish all rights and benefits afforded by Section 1542 of the Civil Code of California or any other state laws, which provides as follows:

"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 might have materially affected his settlement with the debtor."

By waiving said statute I declare that I understand and acknowledge the significance and consequences of such specific waiver of Section 1542 of the Civil Code of California, that I intend to waive and assume the risk of existing but yet unknown claims as of the date of signing this AGREEMENT and have been encouraged by EQUINE UNLIMITED, INC. to consult independent legal counsel in relation to my waiver of rights under said Section.

4. COSTS AND FEES: I the Undersigned agree to hold EQUINE UNLIMITED, INC. harmless from any claim resulting from personal or property damage or injury caused by my participation with horses or presence at EQUINE UNLIMITED, INC. and agree to pay any legal fees and/or expenses incurred by EQUINE UNLIMITED, INC. in defense of such claims. In the event of legal dispute, the parties agree to participate in mediations. Any legal dispute between the parties shall be heard only by courts in El Dorado County, California.

5. SEVERABILITY: The terms of this AGREEMENT are independent of each other; if a court finds any provisions of this Agreement contract invalid or unenforceable, such a finding shall not affect the validity of any other provision of the Agreement contract, which shall remain in full force and effect.

6. USEF. EQUINE UNLIMITED, INC. encourages all riders to be familiar and act in compliance with industry standards and United States Equestrian Foundation (USEF) rules. EQUINE UNLIMITED, INC. recommends all participants wear an approved helmet in accordance with USEF guidelines, which can be found in a USEF handbook or at www.USEF.org.

7. By signing this document, I the Undersigned declare that I understand and warrant that this AGREEMENT is being voluntarily and intentionally signed, and that in signing this AGREEMENT I declare I am free of influence of drugs, alcohol, and other modifying substance that would prevent my free and knowing consent to this agreement to release, hold harmless, and indemnification of EQUINE UNLIMITED, INC. and its owners and managers. I am of sound mind and have had sufficient time and conditions to read the AGREEMENT, and have had the opportunity to ask questions regarding this agreement.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION

I the Undersigned, or if a minor, the parent or guardian of minor participant, agree that I am personally responsible for my safety and actions while visiting Equine Unlimited Inc (EUI). I agree to comply with all EUI policies and rules, including but not limited to all EUI policies, guidelines, signage, and instructions. Because the EUI is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Equine Unlimited, Malinda Kregoski, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using EUI facilities, or otherwise, while participating in any activity while in, on, or around the EUI and/or while using any EUI facilities, tools, equipment, or materials.

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the EUI facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using EUI facilities and equipment and interactive with EUI staff to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Waiver of Liability shall be governed by and construed in accordance with California law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole. This waiver remains in effect until the State of California lifts all COVID-19 related mandates. 

First Rider's Name

First Name*

Last Name*

Phone*
First Rider's Date of Birth*
First Rider's Signature*
Second Rider's Name

First Name*

Last Name*
Second Rider's Date of Birth*
Third Rider's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Last Name*

Phone*
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.


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