HORSE RIDING IS AN INHERENTLY DANGEROUS ACTIVITY

2. I acknowledge that show jumping, horseback riding, participation in riding lessons and clinics, being near horses, and being at equestrian facilities and on trails is inherently dangerous and involves risk of serious and permanent physical and emotional injury and, in extreme cases, possible death. I understand that I can get thrown, stepped on, kicked, or otherwise injured by my own horse or any other horse. I understand and agree that I ride and participate in show jumping, horse riding lessons and clinics, trail rides, related activities and being present at the CES, LLC equestrian facilities at my own risk.

3. I acknowledge there are inherent risks associated with equine activities, including, 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, that may result in personal injuries, harm or even 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 or interactions 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, or loss of control, over the horse or not acting within a Participant's ability or skill level. I expressly assume all risks associated with participating in such activities and/or being on Chesebro Equestrian Services, LLC’s property, in addition to the risks inherent in participating in horseback riding, training, roping, trail riding lessons, cow sorting, arena riding and use, camps, clinics, events, all equestrian activities, exploring CES, LLC property, uneven terrain and unkept property, exposure to livestock, including but not limited to goats, donkeys, pigs, cows, chickens, and/or wild animals, rodents, snakes, coyotes, mountain lions, dogs or other domestic animals, or other invited or uninvited visitors or boarders of the property.

4. In the event the Participant is an entity, Union, or City or County employer, said organization agrees to restrict all claims of liability to their department and acknowledges that they will indemnify all persons and employees of their department, organization or union while using the facility at Chesebro Equestrian Services, LLC 6500 Chesebro Rd, Agoura CA 91301.

5. I, on behalf of all and each of my heirs, executors, administrators, successors, and assigns, hereby assumes all responsibility and risk and releases and forever discharges further agree to defend, indemnify and hold harmless Chesebro Equestrian Services, LLC, (“CES, LLC”) and 6500 Chesebro Road, LLC, (“CR, LLC”) their owners, officers, directors, members, contractors, trainers, medical staff, agents and employees, and all persons acting by, through, under, or in concert with any of them (collectively, the “Released Parties”) and holds the Released Parties free and harmless and indemnifies them from any and all, injuries (including death), claims, demands, actions, suits, procedures, costs, expenses, damages, liabilities and causes of action of every kind, known or unknown, of any nature whatsoever (including attorneys’ fees and costs) arising out of or connected with (a) my participation, or that of my minor child/children, guest and invitees participation, in show jumping, horseback riding, riding lessons, riding clinics, and related equestrian activities, and any other use of, or attendance at, the CES, LLC premises by the undersigned or by any of my minor children and guests; or (b) any acts of horses or any other animal owned by the undersigned.

6. In the event a claim is made, or litigation instituted, arising out of my participation, or that of my child/children, guests or invitees, in horse riding, horse riding instruction or any form of interaction with a horse, I agree to pay actual attorney’s fees and costs incurred by CES, LLC, and/or CR, LLC. in responding to and defending against said claims and all damages, judgements and awards as may be entered against CES, LLC, and/or CR, LLC.

7. Parental / Guardian Indemnity. I, as the parent/legal guardian of my minor child/children, guests and invitees under 18 years of age, (each a “minor”) hereby expressly agree to defend and indemnify the CES, LLC, and/or CR, LLC and their owners, officers, agents, employees and attorneys, from any claims made in the future by said minor(s) relating to, arising out of, or as a result of, their participation in the sport of horse riding, horse riding instruction or any form of interaction with a horse, or arising while they are at the CES, LLC property.

8. I further agree that I will not sue or make a claim against the Released Parties for injury, damage, death, or other losses sustained as a result of my participation in equestrian activities, use the CES, LLC premises, or injury to my horse(s).

9. I understand that by signing this Waiver, Release and Indemnity Agreement, I am giving up significant rights that I and my family and heirs may have. Knowing this and being under no duress or compulsion to enter into this Release Agreement or make the promises and agreements contained herein, I still prefer to use the CES, LLC facilities and therefore voluntarily gives up my rights as described in this Agreement.

10. I acknowledge that horses, by their very nature, are unpredictable and subject to animal whim. I assume all risks in connection therewith, and expressly waive any claims for any injury or loss arising therefore.

11. I agree to abide by and follow CES, LLC’S current rules and regulations. I further acknowledge that the behavior of any animal is contingent to some extent upon the ability of its rider. I assume all risks therefore and warrants a full and fair disclosure of the rider’s abilities has been made to CES, LLC. All Riders who are employees of an organization, entity, union or employed by city, county or state acknowledge that they are operating under their employer at all times while on property at CES, LLC.

12. I agree to hold harmless, indemnify and defend CES, LLC and CR, LLC, their owners, officers, employees and agents against any and all claims, demands, causes or 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 the use of or presence upon the CES, LLC property located at 6500 Chesebro Rd, Agoura Hills CA 91301 and the facilities located thereon.

13. AUTHORIZATION TO OBTAIN MEDICAL TREATMENT FOR MINOR CHILD. CES, LLC is hereby authorized to obtain any and all medical treatment CES, LLC deems reasonably necessary for my minor child/children. Parent/Guardian agrees to bear any and all cost connected therewith. CES, LLC shall incur no financial liability for medical treatment obtained pursuant to this authorization.deems reasonably necessary for my minor child/children. Parent/Guardian agrees to bear any and all cost connected therewith. CES, LLC shall incur no financial liability for medical treatment obtained pursuant to this authorization.

15. RELEASE OF LIABILITY (HELMET) I, for myself and/or on behalf of my child or legal ward, heirs, administrators, personal representatives or assigns, release and discharge CES, LLC and their respective owners, officers, directors, employees, agents, representatives, insurers, assigns, and others acting on their behalf, or and from all claims, demands, or causes of action, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of bodily injury, including death, or property damage that may be sustained, or property damage which may occur, including those arising, caused by or contributed to as a result of NOT wearing an SEI Certified – ASTM Equestrian Helmet.

16. The undersigned agrees that in the case of any potential legal action arising with CES, LLC mediation will act as a precondition to any legal action.

17. This Waiver, Release And Hold Harmless Agreement represents the entire agreement between the parties as to the terms and conditions contained herein. It may not be modified or rescinded except by a writing executed by an authorized agent of CES, LLC. No other agreements, promises, or representation, verbal or implied, are included herein unless specifically stated in a written agreement. This Contract is made and entered into in the State of California and shall be enforced and interpreted in accordance with the laws of said State.

18. I represent that I have carefully read each and every one of the provisions of this Agreement and fully understand each provision and, understanding that I am giving up significant rights, agree to be bound by the terms of each provision.

PLEASE READ THIS AGREEMENT CAREFULLY. DO NOT SIGN THIS EQUESTRIAN WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT UNTIL YOU HAVE READ AND UNDERSTOOD EACH AND EVERY PARAGRAPH.