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.