Release of Liability, Assumption of Risk, Indemnity Agreement, and Owner/Participant/Guest Agreement
DEFINITIONS The term “OWNER, PARTICIPANT, or GUEST” shall herein refer to the owner, part-owner, lessee, or participant of the animals which are on the Flores Ranch, LLC, a Riding Club property at 2540 Sand Creek Dr. Acton, CA 93510. The terms “HORSE(S)” and “ANIMAL(S)” shall herein refer to all equine species, and also to the specific animal(s) to which this agreement refers. The terms “TRAIN” and “TRAINING” shall herein refer to the schooling, conditioning, and education of the horses. The term “HORSEBACK RIDING” herein shall refer to riding or otherwise handling of horses, whether from the ground or mounted. The term “RIDER” shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse form the ground. The term “I”, “ME” or “MY” shall herein refer to the OWNER(S), PARTICIPANT, or GUEST and the parents or legal guardians thereof if a minor. The term “STABLE” shall herein refer to the property on 2540 Sand Creed Dr. Acton, CA 93510.
RELEASE OF LIABILITY In consideration for allowing me (or my minor child) to handle or ride a horse and on behalf of myself, my child or our personal representatives, heirs, next-of-kin, spouse, I the undersigned OWNER, PARTICIPANT, or GUEST Do agree to hold harmless and release Anthony Flores, Johnny Flores, Raquel Cordova, Flores Ranch, LLC’s owners, agents, employees, officers, members, premises owners, insurers and affiliated organizations from legal liability due to Johnny Flores’s ordinary negligence; and I do further agree that except in the event of gross and willful negligence, I shall bring no claims, demands, actions and causes of action, and/or litigation, against the Anthony Flores, Johnny Flores, Raquel Cordova, and Flores Ranch, LLC’s Associates as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, and injury to, or loss by death, of the boarded animal(s), and/or sustained by me and/or my minor children or legal ward in relation to the premises and operations of this STABLE.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY and HOLD Anthony Flores, Johnny Flores, and Raquel Cordova of Flore Ranch, agents, employees, officers, members, premises owners, insurers, and affiliated organizations HARMLESS from any and all claims, action, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees bought as a result of my involvement with Anthony Flores, Johnny Flores, Raquel Cordova, and Flores Ranch, LLC.
I ACKNOWLEDGE THAT HORSEBACK RIDING IS AN INHERENTLY DANGEROUS ACTIVITY AND UNDERSTAND THE INHERENT RISKS AND NATURE OF HORSE ACTIVITIES. Horseback riding and horse driving is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. No horse is a completely safe horse.
RIDING HELMET WARNING: OWNER, PARTICIPANT, or GUEST is hereby warned by Johnny Flores and Flores Ranch, LLC that all horse handlers should consider wearing properly fitted and secured protective headgear (equestrian riding helmet), and that wearing such headgear while mounting, riding, dismounting and being around horses, may prevent or reduce the severity of some head injuries and may prevent death happening as a result of a fall or other occurrence.
Additional Risks Posed by Wildfires
I understand that portions of the Western United States are at elevated risk of wildfires throughout the year. Wildfires are, by their nature, fast-moving, unpredictable, and dangerous. Wildfires can change course, forcing the farm to undertake emergency evacuations of horses and, with sufficient time, equipment, from the training facility Flores Ranch, LLC. Wildfires can bring flames, sparks, and hot objects. However, despite its best efforts, Flores Ranch, LLC, Anthony Flores, Johnny Flores, Raquel Cordova, and all its employees cannot guarantee that it can prevent or limit all wildfire losses. I understand that in an emergency situation caused by wildfires in the area where Flores Ranch, LLC is located, Flores Ranch, LLC (as well as the employees, agents, contractors, representatives, and/or assistants) will undertake reasonable evacuation and mitigation efforts in good faith to minimize injury to or loss of horses and equipment on the premises and/or in the care, custody, or control. Depending on numerous circumstances during a wildfire – including lack of availability of staff, trailers, trucks, fuel, traffic, visibility, severity of fire conditions, unstable ground or road conditions, risks to humans, and governmental directives restricting access or activity – Flores Ranch, LLC’s response and mitigation efforts could potentially result in some horses receiving attention, while other horses may not receive attention.
I acknowledge and agree that Anthony Flores, Johnny Flores, Raquel Cordova, Flores Ranch, LLC, and all its employees will proceed as reasonably as possible should a wildfire emergency occur that threatens to cross the property. However, I understand that even with the best advance planning, and the best efforts in response to a wildfire, there is never a guarantee that every horse on its property can be saved and save all equipment on the property.
By filling out this online waiver, I understand and accept responsibility for all risks and give permission for myself and horse(s) to participate in the riding club of Flores Ranch, LLC and Johnny Flores Horses under Johnny Flores, Anthony Flores, and Raquel Cordova, and to participate in programs without restrictions. I release Flores Ranch, LLC, Anthony Flores, Johnny Flores, and Raquel Cordova, and all its employees from any and all claims on account of any injury which may arise from participation at the ranch or outside event. I acknowledge that I have read and understand this Agreement. I authorize any representative of Flores Ranch, LLC, Anthony Flores, Johnny Flores, and Raquel Cordova, to obtain any medical treatment that may be deemed necessary. I further give permission for any photos or videos taken during sessions or events to be used for promotional purposes for Flores Ranch, LLC, Anthony Flores, Johnny Flores, and Raquel Cordova.