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OUR WAIVER

LAST UPDATED: July 15, 2020

WITNESS THIS WAIVER (the "Agreement") dated as below between Rancho Pardis, INC. (hereinafter referred to as the "Company"), and myself (hereinafter referred to as "User", "User's Parent" or “Guardian"). For consideration received, and in return for the use, today and on all future dates of the property, facilities and services of the Company, Company's instructors and trainers, employees, drivers and agents; User, User's heirs, assigns, and representatives, hereby agree as follows: I expressly acknowledge that naturally occurring disease processes (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which this program or lesson (the "Activity", or "Activities") will take place. I acknowledge that, while Rancho Pardis, INC. has taken reasonable measures to mitigate the potential for transmittal of, and exposure to such viruses or communicable diseases between individuals and Rancho Pardis, INC. staff participating in the Activity, that exposure to such viruses or disease is an inherent risk of participating in the Activity, one that cannot be eliminated by Rancho Pardis, INC. As such, I expressly acknowledge and agree that it is ultimately my decision to participate notwithstanding that risk, and that I am responsible for mitigating my own risk of exposure to such viruses or disease. I agree that Rancho Pardis, INC. shall not have any liability to me in the event I contract a virus or disease while participating in the Activity, and I expressly waive my right to bring such a claim. 

  1. Inherent Risks & Assumption of Risk: The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability. User acknowledges that horses, by their very nature are unpredictable and subject to animal whim. User assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. User agrees to abide by and follow Company's rules and regulations which, shall be posted and/or are available from time-to-time. User further acknowledges that the behavior of any animal is contingent to some extent upon the ability of User. User assumes all risks therefor and warrants a full and fair disclosure of rider's abilities has been made to the Company. User expressly releases the Company from any and all claims of personal injury or property damage, even if caused by negligence (if allowed by the laws of the State of California) by the Company or its representatives, agents or employees. WARNING: You are advised that there are inherent risks, including the risk of serious injury or death, while engaging in the Activities. By engaging in the Activities and in accordance with the terms of this agreement you hereby assume all risks of injury or death. 

  2. User agrees to assume any and all risks involved in or arising out of User's use of any equipment or livestock pertaining to taking of riding lessons, the use of any arena on the premises of the Company and for purposes of taking riding lessons either on the premises or lessons given off the premises by Company personnel. 

  3. USER (OR USER’S PARENT OR GUARDIAN IF USER IS A MINOR) AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND THE COMPANY AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH USER'S USE OF OR PRESENCE UPON THE PROPERTY OF THE COMPANY AND THE FACILITIES LOCATED THEREON. In the event User is a minor, the parent or guardian shall further indemnify, defend and hold the Company harmless from any such claims by said minor. 

  4. In the event User is using User's own horse, or a horse(s) not owned by the Company, User warrants said horse(s) shall be free from infection, contagious or transmittable diseases. The Company reserves the right to refuse access or use of any horse upon the premises that does not appear to the Company to be in good health, or is deemed dangerous or undesirable. 

  5. Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim.  User agrees that damages shall be limited to $250 for property damage, actual expenses incurred, and a maximum of $10,000 for non-consequential damages such as pain and suffering. 

  6. User agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.

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