top of page

Add my email

CONSENT, RELEASE, AND INDEMNIFICATION AGREEMENT

THIS CONSENT, RELEASE, AND INDEMNIFICATION AGREEMENT (“Release”)  by and between Springbrook Ranch, LLC, hereinafter referred to as “SPRINGBROOK RANCH”, providing services as an independent contractor, located at 13740 CALLE SECO DRIVE, POWAY, CA 92064 and the undersigned. These parties warrant that they have the right to enter into this CONTRACT.

In consideration for being permitted by any Released Party to participate in having an event, such as a birthday party or camp, at the equine boarding facility know as Springbrook Ranch, located at 13740 Calle Seco, Poway CA 92064 (the Property), and to use the facilities of the Property (whether or not such use is on a pay basis), I acknowledge and agree as follows:

  1. Hazardous Activity: I AM AWARE AND UNDERSTAND THAT THE HANDLING, CARE, AND RIDING OF HORSES ARE INHERENTLY HAZARDOUS ACTIVITIES, AND I AM VOLUNTARILY PARTICIPATING IN SUCH ACTIVITIES, AND PLACING MYSELF IN THE VICINITY OF SUCH ACTIVITIES, WITH THE FULL KNOWLEDGE OF THE DANGERS INVOLVED. I am aware and understand that horses are powerful, unpredictable, and potentially uncontrollable animals. All horses, even those that are well trained and appear calm and docile, may and will buck, rear, kick, bite, run, and bolt uncontrollably, without warning, and without apparent cause or in response to external stimuli (such as wind or sounds, or movement of people, other horses, other animals, motor vehicles, bicycles, machinery or doors) that may induce fear, panic, anger, or reflex actions in the horse. I am aware and understand that serious, permanent bodily injury and disability or death of myself, or others within the vicinity of horses, may result from the handling, care, or riding of horses, or on being in the vicinity of horses, and that horses and other property belonging to me or others may be, as applicable, killed, injured, or damaged.

    I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY (INCLUDING PERMANENT BODILY INJURY AND DISABILITY), ILLNESS, DISEASE, OR DEATH SUFFERED BY MYSELF OR BY ANY OTHER PERSONS, AND ANY AND ALL FINANCIAL LOSSES, INJURY, DAMAGES, DESTRUCTION, OR LOSS OF MY PROPERTY OR THE PROPERTY OF ANY OTHER PERSON CAUSED BY, RESULTING FROM, OR ARISING OUT OF THE HANDLING, CARE, OR RIDING OF HORSES AT THE PROPERTY BY MYSELF OR ANY OTHER PERSON, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE CAUSED SOLELY BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTY OR PARTIES. I FURTHER UNDERSTAND THAT IT IS MY RESPONSIBILITY TO BE INSTRUCTED IN THE PROPER METHODS OF HANDLING AND RIDING OF HORSES AND THAT I SHOULD WEAR PROPER SAFETY EQUIPMENT AT ALL TIMES WHILE RIDING HORSES, INCLUDING, WITHOUT LIMITATION, AN APPROVED HELMET AND RIDING BOOTS.

  2. Hazardous Activity: I AM AWARE AND UNDERSTAND THAT THE HANDLING AND CARE OF ANIMALS SUCH AS GOATS, CHICKENS, CATS AND OTHER ANIMALS LIKELY TO BE PRESENT AT SPRINGBROOK RANCH DURING THE EVENT AND WHICH THE CHILDREN WILL BE INTERACTING, ARE INHERENTLY HAZARDOUS ACTIVITIES, AND I AM VOLUNTARILY PARTICIPATING IN SUCH ACTIVITIES, AND PLACING MYSELF IN THE VICINITY OF SUCH ACTIVITIES, WITH THE FULL KNOWLEDGE OF THE DANGERS INVOLVED.  I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY (INCLUDING PERMANENT BODILY INJURY AND DISABILITY), ILLNESS, DISEASE, OR DEATH SUFFERED BY MYSELF OR BY ANY OTHER PERSONS, AND ANY AND ALL FINANCIAL LOSSES, INJURY, DAMAGES, DESTRUCTION, OR LOSS OF MY PROPERTY OR THE PROPERTY OF ANY OTHER PERSON CAUSED BY, RESULTING FROM, OR ARISING OUT OF THE HANDLING OR CARE OF ANIMALS WHICH MAY AND WILL BE INTERACTED WITH.

  3. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

  4. I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SPRINGBROOK RANCH, LLC equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES.

  5. Should SPRINGBROOK RANCH, LLC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. This means that I will pay all of those attorney’s fees and costs myself.

  6. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.

  7. In the event that I file a lawsuit against SPRINGBROOK RANCH, LLC I agree to do so solely in the state of California and I further agree that the substantive law of California shall apply in that action without regard to the conflict of the law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

  8. If the participant is a minor, I agree that this Release of Liability and Assumption of Risk agreement (“RELEASE”) is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian of the minor participant to bind the minor participant to this agreement.

  9. If the participant is a minor, I further agree to defend, indemnify and hold harmless SPRINGBROOK RANCH, LLC from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity

  10. Personal Property: I agree that if I bring any personal property to the Property, and if I store or leave any personal property at the Property, I will do so at my own risk, and none of the Released Parties shall have any liability in the event of the loss, damage, unauthorized use (by any person other than a Released Party), or theft of any such property, except to the extent caused solely by the gross negligence or willful misconduct of the Released Parties.

  11. Agreement not to Sue: I HEREBY AGREE THAT NEITHER I, NOR MY HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, OR ASSIGNEES WILL MAKE A CLAIM AGAINST, SUE, DEMAND COMPENSATION OR INDEMNITY FROM, OR ATTACH ANY OF THE PROPERTY OR ASSETS OF ANY OF THE RELEASED PARTIES for any loss, damage, bodily injury, disability, illness, disease, death, financial loss, property loss, damage, or destruction or other harm of whatever nature, whether foreseen or unforeseen, suffered by myself, any other person, resulting from, or arising out of, directly or indirectly, my participation, or the participation of any other person in the handling, care, riding or training of horses, the use of the facilities of the Property, any activities related to the birthday parties, except to the extent caused solely by the gross negligence or willful misconduct of the Released Party or Parties.

  12. Release: On behalf of myself, my heirs, distributees, guardians, legal representatives, and assignee I HEREBY FULLY AND UNCONDITIONALLY RELEASE AND FOREVER JOINTLY AND SEVERALLY DISCHARGE THE RELEASED PARTIES, TO THE EXTENT PERMITTED BY LAW FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION, AND LIABILITIES OF ANY KIND, WHETHER IN LAW OR IN EQUITY, OR ANY COMMON LAW CLAIMS OF ANY KIND including without limitation, breach of contract, for negligence, negligent misrepresentation, and any or all real or pretended claims, causes of action or demands, whether foreseen or unforeseen, which may be sustained by me or any other person as a direct or indirect result of my participation in the training of horses, the use of the facilities of the Property, any activities related to the birthday parties, except to the extent caused solely by the gross negligence or willful misconduct of the Released Party or Parties, except to the extent caused solely by the gross negligence or willful misconduct of the Released Party or Parties. I understand that as part of the consideration for this Release, I waive the provisions of section 1542 of the California Civil Code.

  13. By signing this agreement, I grant the irrevocable and unrestricted right to take, use, and publish photographs and/or videos of all attendees for promotional, educational, and other lawful purposes. This includes, but is not limited to, the use of such materials on SPRINGBROOK RANCH, LLCs website, social media accounts, promotional materials, and any other media channels. I acknowledge that no financial compensation will be provided for the use of these images.

  14. By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against SPRINGBROOK RANCH, LLC or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

bottom of page