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REQUIRED DOCUMENT

Required for everyone who enters the Paddock Riding Club property.
Those who have a signed boarding agreement do not need to sign.

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RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

BY SIGNING THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“RELEASE”) YOU ARE GIVING UP CERTAIN LEGAL RIGHTS FOR YOURSELF AND ANY MINOR CHILD WHO WILL BE AT THE PADDOCK RIDING CLUB, INCLUDING THE RIGHT TO RECOVER DAMAGES FOR INJURY, DEATH, OR PROPERTY DAMAGE FROM ANY CAUSE, INCLUDING NEGLIGENCE OF THE PADDOCK RIDING CLUB, ITS OWNERS, EMPLOYEES, AND AGENTS. READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT.

YOUR SIGNATURE INDICATES YOUR UNDERSTANDING AND ACCEPTANCE OF ALL IT'S TERMS

As a material part of the value I am giving Paddock Ranch, LLC, doing business as Paddock Riding Club (“PRC”), for my use of the Paddock Riding Club facilities (the “Paddock Facilities”), I, for myself and my spouse, domestic partner, next of kin, heirs, beneficiaries, personal representatives, administrators, successors, assigns, and any minor child of mine who enters the Paddock Facilities (all, collectively, “Releasing Parties”) hereby:

I ACKNOWLEDGE THAT:

a) The Paddock Facilities are occupied by horses that are not owned by or under the control of PRC; b). Horses are by nature dangerous animals whose behavior is unpredictable and not subject to complete or reliable control by PRC or anyone, even the horse’s owner or trainer; c). All equine activities (including, without limitation, just being in the presence of horses) are inherently dangerous and that danger cannot be eliminated; d) I am advised to wear and to have my children wear protective helmets; e) I am solely responsible for the health and safety of any animal or person I invite or bring to the Paddock Facilities; and f) I am solely responsible for obtaining and maintaining insurance to cover any death or injury to or loss of any horse, me, my minor children, my service providers, or any other person I invite or bring to the Paddock Facilities and any damage to or loss of any personal property belonging to me, my minor children, any of my service providers, or any other person I invite or bring to the Paddock Facilities, from any cause.


2. VOLUNTARILY AND KNOWINGLY FOR MYSELF AND MY MINOR CHILDREN ACCEPT AND ASSUME ALL RISK inherent in horseback riding, being in the presence of horses, or being in, at, or near the Paddock Facilities, regardless of the source of the risk and whether it is foreseen or unforeseen and regardless of how active or passive my participation or the participation of my minor children may be, including (without limitation) the risks of illness, bodily injury, death, damage to or loss of personal property or income from any cause whatsoever, including (without limitation) the active or passive negligence of PRC or any of the Released Parties as defined below. I, for myself and my minor children, assume all risk of being in, at, or near the Paddock Facilities or riding any horse and for any injury, loss, or death I or any of them may suffer as a result of being in, at, or near the Paddock Facilities or riding any horse.


3. WAIVE, GIVE UP, DISCHARGE, AND RELEASE PRC and any of its parents, subsidiaries, affiliates, managers, member, officers, employees, or agents and any of their respective heirs, beneficiaries, executors, administrators, predecessors and successors in interest, and assigns (all, collectively, “Released Parties”) from any and all liabilities, duties, responsibilities, obligations, debts, demands, obligations, expenses, damages, actions or causes of action in law or in equity, of any kind or nature whatsoever, whether known or unknown, suspected or  suspected I or any of the Releasing Parties might to here-wise have against any of the Released Parties for any personal injury, death, damage to or loss of property, illness, loss of income, or other damage or loss of any  ind or nature whatsoever or for indemnity of any kind or nature (collectively, “Loss”), whenever occurring or becoming manifest, foreseen or unforeseen, known or unknown, arising out of or related in any manner whatsoever to my or any of my minor children’s, service provider’s, or invitee’s use of or presence in, at, or near the Paddock Facilities, even those caused by the active or passive negligence or omissions of PRC or one or more of the Released Parties and/or those arising out of any defect in any product, goods, equipment, gear, or services provided or owned by PRC or any of the released Parties (“Claims”). nature whatsoever.


4. AGREE, for myself and each of the Releasing Parties, not to sue or assert, bring, prosecute, or pursue in any manner whatsoever any Claims, or any other claim, demand, cause of action, or legal action of any kind or nature whatsoever against any Released Party for any Loss arising out of or related to the use of or presence in, at, or near the Paddock Facilities of me or any of my minor children, service providers, or invitees.


5.EXPRESSLY ACKNOWLEDGE that the release and agreement not to sue contained in this Release are intended to be and are comprehensive and should be given the broadest possible interpretation to deprive me and each of the Releasing Parties of any Claims. I understand that the direct consequence of the release and agreement contained in this Release is that even if I or any of the Releasing Parties suffer any Loss arising out of or related to the use of or presence in, at, or near the Paddock Facilities of me or any of my minor children, service providers, or invitees, none of us will have any recourse or be able to assert any Claims for the recovery of any loss or damages against any Released Party and I, for myself and each of the Releasing Parties, am specifically waiving the right to assert any Claims or any other claim, demand, or cause of action of any kind or nature whatsoever.


6. GIVE UP STATUTORY PROTECTION provided by California Civil Code Section 1542 and/or any other applicable statue, law, rule or regulation or any common law principles that would preserve my unknown Claims, understanding that California Civil Code Section 1542 provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exists in his or her favor at the time of executing the release and that, if known by him or her, would materially affected his or her settlement with the debtor or released party", because I intend to release and promise not to sue to be given the broadest possible interpretation and to include unknown Claims.


7. AGREE TO INDEMNIFY AND ASSUME ALL RESPONSIBILITY AND LIABILITY FOR AND FOREVER HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST any and all Claims, duties, obligations, judgments, costs, and expenses (including, without limitation, all court costs and all attorneys’ and expert witness fees and expenses at trial and on any appeal) arising out of or related in any manner whatsoever to the use of or presence in, at, or near the Paddock Facilities of me or any of my minor children, service providers, or invitees, even those resulting from the active or passive negligence or omissions of one or more of the Released Parties.


8. AGREE that (a) this Release shall be governed by and enforced and interpreted in accordance with the laws of the State of California other than its law on conflicts of law; (b) if any portion of this Release or the application of it to any person, entity, or circumstance is held invalid or unenforceable to any extent by a final decision of a court of competent jurisdiction, after all appeal rights have been exhausted or have expired, that term, covenant, or condition shall be deemed amended to the extent and for purposes of that application so as to render it enforceable to the fullest extent permitted by law and the remainder of this Release, or the application of that term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable shall not be affected and shall be valid and enforced to the fullest extent permitted by law; and (c) no waiver of any rights given by this Release shall be effective unless in a signed writing.







I HAVE READ AND FULLY UNDERSTAND THIS RELEASE AND KNOW THAT BY SIGNING IT I AM GIVING UP LEGAL RIGHTS FOR MYSELF AND MY MINOR CHILDREN AND THAT IS WHAT I INTEND TO DO.

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