RICOCHET RIDGE RANCH, Inc.  HORSERENTAL AGREEMENT

RELEASE OF LIABILITY, ACKNOWLEDGMENT & ASSUMPTION OF RISKS,

AND INDEMNIFICATION AGREEMENT

 

            This Release,Assumption of Risk and Indemnification Agreement ("Release") isentered into by the undersigned in favor of RICOCHET RIDGE RANCH, INC. (the"Ranch"), ITS OWNERS, OFFICERS, EMPLOYEES AND AGENTS, (including VOLUNTEERS,STUDENTS AND GUESTS INVOLVED IN CONDUCTING RIDING ACTIVITIES OF THE RANCH,) and infavor of ALL LANDOWNERS ON WHOSE PROPERTY RIDING ACTIVITIES MAY OCCUR, including but not limited tothe CALIFORNIA STATE DEPARTMENT OF PARKS AND RECREATION, JACKSON STATE FOREST,PETER PARKER LAND TRUST, GEORGIA PACIFIC CORPORATION, LARI SHEA, HARVEY HOECHSTETTER andWILLARD JACKSON (the "Released Parties").  In consideration of being permitted toparticipate in the sport of horseback riding conducted by the Ranch, and to usethe facilities of the Ranch, I acknowledge and agree as follows:

 

1.         ACKNOWLEDGEMENT AND ASSUMPTION OFRISKS.  I understand thatriding and being around horses are inherently dangerous activities and I amvoluntarily participating in such activities, and being around such activities,with full knowledge of the dangers involved. Horses are powerful, easily frightened, unpredictable animals.  All horses, even those that are well-trainedand appear gentle, may buck, rear, stop short, change direction or speed atwill, shy, spook, kick, strike, bite, and bolt--all without warning and withoutapparent cause or in response to wind, sounds, movement of people, cars, bikes,or other animals, or inanimate objects. The inherent risks include loss of control, falling or being thrown off,being stepped on, collisions with fences, gates, trees, horses or otherobstacles, or being hung up or entangled in stirrups, reins or other gear, andtrailering accidents.  Tack maybreak.  Cinches may come loose.  I may encounter dangers due to terrain,creeks, rivers, water, waves, weather, thunder, lightening, rocks, cliffs,obstacles man-made and natural, traffic, bees and insects, wild and domesticanimals, as well as allergic reactions to dust, insects, animals orvegetation.  I understand that SERIOUS,PERMANENT BODILY INJURY, DISABILITY OR DEATH OF MYSELF OR OTHERS MAY RESULT from handling, riding or beingin the vicinity of horses, and that property belonging to me or others may bedamaged as well.

           

I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, ILLNESS, DISEASE OR DEATH TO MYSELF,INCLUDING FINANCIAL LOSSES (INCLUDING LOSS OF EARNING CAPACITY) AND DAMAGE OR DESTRUCTION OF PROPERTYOWNED BY ME OR IN MY CARE, RESULTING FROM HANDLING, RIDING OR BEING IN THE VICINITY OF HORSES INCONNECTION WITH ACTIVITIES CONDUCTED BY THE RANCH, INCLUDING RISKS CAUSED BYTHE NEGLIGENCE OF THE RELEASED PARTIES.                                                                                                                                                                                                                                                                                                                                              (Initial                  )

 

2.         RELEASE OF LIABILITY,INCLUDING LIABILITY FOR NEGLIGENCE. On behalf of myself, my family, heirs, estate, distributees,guardians, legal representatives and assigns, I HEREBY RELEASE THE RELEASEDPARTIES AND EACH OF THEM FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION AND LIABILITIES based on any injury,disability, illness, disease, death, financial loss, property loss or damage,or other harm suffered by me, or by any third person for which I may be heldresponsible, that may result from my participation in or being in the vicinityof horse-related activities conducted by the Ranch, WHETHER CAUSED BY THENEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE; provided that nothing in thisSection 2 shall be deemed to release any Released Party from liability arisingfrom their willful injury to me or any other person or any property, or theirgross negligence.                                                                                                                                                                                                                                                                                        (Initial                   )

 

3.              INDEMNIFICATION.  I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED

PARTIES from and against any and all claim for injury ordeath resulting from participation in horse-related activities conducted by theRanch, by or prosecuted for the benefit of myself or my family, estate, heirs,representatives or assigns. The indemnification provided by this Section 3shall include all costs and expenses incurred by any and all Released Partiesin defending against said claims, including all actual attorney fees.  I FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASEDPARTIES from and against any claim for injury or death of any person whom Ibring or invite to the Ranch or otherwise permit to be in the vicinity of thehorse-related activities in which I am participating, WHETHER SUCH INJURY ORDEATH WAS CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

                                                                                                                                                         (Initial                  )

 

4.         CALIFORNIA LAWGOVERNS.  ANY CLAIM MUST BE BROUGHT INMENDOCINO COUNTY.  This contract isgoverned by California law.  Any claimagainst the Released Parties for injury, disability, illness, disease or deatharising out of horse-related activities covered by this Release is governed byCalifornia law and must be brought in Mendocino County, California, even if theinjury occurred outside Mendocino County.                                                                                                                                                                                                                                                             (Initial                 )                        


5.       EITHER PARTY MAY COMPELARBITRATION. In the event any claim or controversy arises out of the activitiescovered by this Release, either the Releasing Party or any Released Partyinvolved in the  claim or controversy mayelect to have the claim or controversy submitted to binding arbitration beforea single arbitrator chosen in accordance with the rules of the AmericanArbitration Association who shall be an attorney admitted to practice inCalifornia for at least 15 years. The arbitration shall be conducted pursuantto the provisions of the California Code of Civil Procedure relating to theconduct of arbitration proceedings.  Tomake an election for arbitration, the electing party must give written noticeto the other party and then arbitration shall be binding on the parties.  I UNDERSTAND THAT BY SIGNING THIS AGREEMENT,I AM EFFECTIVELY WAIVING MY RIGHT TO A JURY TRIAL OF ANY CLAIM I MIGHT HAVE FORINJURY, ILLNESS, DEATH OR OTHER DAMAGE ARISING FROM HORSE-RELATED ACTIVITIESCOVERED BY THIS RELEASE.                                                                                                                                                                                                                           (Initial                  )

6.         HELMET WAIVER.  (Check and initial one of the three options.)The Ranch recommends protective helmets!

 

           I will wear my own protectivehelmet.                                                                                       (Initial                 )

 

           I will wear a helmet borrowedfrom you, knowing that it may not fit well and that it may not meet standardsfor certified protective headgear.  Iaccept this risk.                                                                                           (Initial                )

 

           Against the recommendations ofthe Ranch, I refuse to wear a helmet and accept responsibility for thisdecision.                                                                                                                                                              (Initial                )

 

7.  AGREEMENT TO PAY FOREMERGENCY MEDICAL TREATMENT.  I AGREEthat should emergency medical treatment be required, I and/or my ownaccident/medical insurance Company SHALL PAY FOR ALL SUCH INCURRED EXPENSES.  My accident/medical insurance company is________________________________________________.

My policy number is ________________________             __________.                                                  (Initial                )

 

8.         SEVERABILITY.  If any provision of this Release is held tobe unenforceable, such provision shall be excluded and the balance of theRelease shall be enforced in accordance with the remaining terms                                     (Initial                 )

 

9.         LEGALLY BINDING.  I have read this Release and understand thatI am giving up legal rights.  I haveexecuted it knowingly and voluntarily without relying on any statement orrepresentation of any Released Party.  Iunderstand that it is a binding legal document.                                                                                                                        (Initial                  )

 

10.       PARENTS MUST SIGN FORMINORS.  I represent that I am 18years of age or older and am legally competent to enter into this Release formyself.  If signing for a minor, Irepresent that I am the parent or duly appointed legal guardian of the minorfor whom I am signing this Release.

 

 

____________________________________________                    ___    ___________________________________________________  ___________

Name of Rider (please print)                                                                      Signature of Rider                                                                    Date                                                     

 

  _______________________________      ____________               __    _________________________________________________  __ ___________

Name of Minor Rider (please print):                                            AGE         Signature ofparent or  guardian                                                 Date        

 

                               

_______________________________________                       ______    ___________________________________________________ __ __________

Nameof Minor Rider (please print):                                          AGE          Signature ofparent, guardian                                                    Date

 

 

______________________________________               __      ______    __________________________________________________ __ ___________

Nameof Minor Rider (please print):                                          AGE         Signature ofparent, guardian                                                     Date

 

 

 

Address in full:___________________________________________________      Home phone #______________________________________

 

 

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Ricochet Ridge Ranch: 24201 N. Hwy 1: Fort Bragg, CA 95437:707-964-7669