Elvenstar Moorpark General Release

JUH INC dba ELVENSTAR FARM, PINERIDGE VENTURES, J. LAZY 6 RANCH INC, ELVENSTAR RANCH TRUST, JAMES HAGMAN, PRINCIPALS, OWNERS, AGENTS, GROOMS, EMPLOYEES, TRAINERS, INDEPENDENT TRAINERS, & HEIRS (Herein known as Elvenstar) RELEASE AND WAIVER OF LIABILTIY, ASSUMPTION OF THE RISK , INDEMNITY & ARBITRATION AGREEMENT:

READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF, AND AGREEMENTS TO ITS TERMS. BY SIGNING THIS AGREEMENT YOU (AND YOUR CHILD, FRIENDS & RELATIVES) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, FOR ANY REASON INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF THE TRAINERS, THE STABLES, ITS OWNERS, GROOMS, EMPLOYEES, PRINCIPALS, HEIRS AND AGENTS (THE RELEASEES).

In consideration for allowing me (or my minor child) to handle and ride a horse or to be present at Elvenstar on behalf of myself, my child or our personal representative, agents, AGREES TO HEREBY:

Date

1. Acknowledge that a horse may without warning or any apparent cause buck, stumble, fall, rear bite, kick, run, make unpredictable movement, spook, jump obstacles, step on a person’s feet, push, shove a person, saddles or bridles may loosen or break, all of which may cause the rider to fall or be jolted resulting in serious injury or death to the undersigned or any person within close proximity of a horse.*

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2. ACKNOWLEDGE THAT HORSEBACK RIDING, THE HANDLING OF A HORSE, OR BEING IN CLOSE PROXIMITY TO A HORSE, IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH because of the unpredictable nature and irrational behavior of horses, regardless of their training or past performance.*

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3. Voluntarily assume the risk of danger, injury or death inherent in the handling or riding of the horses, or being in close proximity to a horse, or on the premises of the stable and use of saddles, bridles, equipment, and gear provided by Elvenstar.*

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4. By signing this form I hereby acknowledge on behalf of myself, my child, my friends, and relatives, that I have familiarized myself with the activities that I will be allowed to participate in and that I agree and acknowledge the inherent risks involved in riding, being around the horses, working with the horses and being in and around the arenas:*

These include but are not limited to:

Bites, kicks, abrasions, contusions from horses, barn pets, rattlesnakes, mice and rats
Being thrown or bucked off by horses
Scratches or other injuries from stall, enclosure barn pets and pests
Allergic reactions to animals, hay, or other allergens
Tripping in holes or on materials or equipment
Slipping, falling, or otherwise being injured in the barn, stalls, or on the Elvenstar grounds, which can be slippery, muddy, wet, or contain or present other hazards

4. By signing this form I hereby acknowledge on behalf of myself, my child, my friends, and relatives, that I have familiarized myself with the activities that I will be allowed to participate in and that I agree and acknowledge the inherent risks involved in riding, being around the horses, working with the horses and being in and around the arenas*

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5. RELEASE DISCHARGE AND PROMISE NOT TO SUE: Elvenstar for any loss, damage, injury (including death) or cost to me or my child arising out of handling riding, showing, jumping a horse, or being in close proximity to a horse, or on the premises, stable, or the use of bridles, saddles, or any equipment provided by Elvenstar.*

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6. Release Elvenstar from any claims of negligence relating to riding a horse, training horse’s, selecting horses care, maintenance, fit or adjustment of saddles, bridles, equipment, and gear provided by Elvenstar.*

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7. INDEMNIFY AND HOLD HARMLESS: Elvenstar from any loss, liability, damage, or cost they may incur arising out of, or in connection with, riding, handling, being in close proximity to the horses, or premises of the stable, when ridding horse’s, and or using saddles, bridles, equipment, and gear provided by Elvenstar.*

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8. I agree to indemnify, save, and hold harmless, Elvenstar its affiliates, principals, agents, owners, trainers, grooms, independent trainers, heirs, principals, from and against any loss, liability, damage, attorney fees, or costs, that may occur out of, or in any way connected with, either mine (my child, friends, relatives, agents) presence or participation at Elvenstar and its affiliates.*

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9. Undersign and their representatives acknowledge that they have received a copy of the Student and Stable Rules at Elvenstar. These rules may change or be amended by Elvenstar at any time and are not subject to notice.*

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10. ARBITRATION: All claims and disputes arising under, or relating to this Agreement including, but not limited to, breach of duty, liability, scope of applicability, and interpretation, are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator with legal experience required for an arbitrator, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.*

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11. Undersign expressly agrees that the foregoing release and waiver of liability, assumption of the risk, negligence waiver, & indemnity agreement, is governed by the laws of California. Any dispute over the validly of the agreement will be determined by Arbitration. Only that portion found to be invalid will be stricken and the remainder of the contract will be in full legal force. If any lawsuit is filed, undersigned will pay all attorneys’ fees and costs incurred by Elvenstar its employees, agents, principals, grooms, trainers and independent employees / trainers defending such an action.*

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I have read this document. I understand it is a promise not to sue and to release and indemnify the trainers, stable, owners, employees, agents, heirs, principals and independent workers/trainers for all claims. I have made a free and deliberate choice to sign the Release and Waiver as a condition to Elvenstar allowing the undersigned to ride or handle a horse, be present at Elvenstar, and participate in any activities at Elvenstar. I have investigated the risks involved and assume the responsibility and risk associated with injuries/death that could arise from my presence and that of my child, representative, agent and friend. I hereby Release and Waive Liability and hereby sign away those rights.

I*

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(and my minor child)*

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herein the undersigned reside at*

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Elvenstar Moorpark General Release

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