This Liability Waiver and Release Agreement (“Agreement“) is entered into by and between the undersigned (“Participant“) and Alyce Bittar Stables (“Facility“), collectively referred to as “The Parties.“

The Participant desires to use the Facility’s premises and participate in equestrian activities offered by the Facility and related venues, including Hansen Dam Horse Park and Sullivan Canyon Preservation Association. As a condition of being permitted to use the Facility and engage in such activities, the Participant agrees to enter into this Agreement, which outlines the assumption of risk, waiver of liability, and indemnification obligations associated with participation.

1. ACKNOWLEDGMENT OF LEGAL ADVICE, CAPACITY, AND VOLUNTARY EXECUTION
The Participant acknowledges that they have been encouraged and advised to consult with independent legal counsel regarding the terms, scope, and legal effect of this Agreement and have had every opportunity to do so prior to signing. The Participant further declares that they are entering into this Agreement freely and voluntarily, without duress, coercion, or undue influence of any kind, and that they have full capacity, understanding, and authority to execute and be bound by this Agreement.

2. ASSUMPTION OF RISK
I, the undersigned participant (or parent/legal guardian of a minor participant), hereby acknowledge that equestrian activities are inherently dangerous and involve risks that may result in serious injury or death. These risks include, but are not limited to, being thrown, stepped on, kicked by a horse, equipment failure, collisions with other riders or objects, and unpredictable animal behavior. I voluntarily assume all such risks, both known and unknown, even if arising from the negligence of the Released Parties defined below.

3.WAIVER AND RELEASE
In consideration for being permitted to use the Facility’s premises and participate in equestrian activities, I hereby release, waive, discharge, and covenant not to sue the Facility— including Hansen Dam Horse Park and Sullivan Canyon Preservation Association—and its owners, officers, directors, managers, employees, agents, representatives, volunteers, insurers, assigns, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Released Parties”), from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my minor child, or to any property belonging to me, even if caused by the negligence of the Released Parties. This waiver does not apply to claims arising from gross negligence or willful misconduct by the Released Parties.

4. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of my participation in equestrian activities or presence at the Facility, and to reimburse the Released Parties for any such expenses incurred. This indemnity obligation shall not apply to claims arising from the gross negligence or willful misconduct of the Released Parties.

5. INCORPORATION OF RULES AND REGULATIONS
The Participant acknowledges and agrees that the rules and regulations of Alyce Bittar Stables, as may be amended from time to time, are hereby incorporated by reference into this Agreement and form an integral part of the terms and conditions governing participation and facility use. The Participant affirms they have read, understand, and agree to comply with all such rules and regulations as posted or provided. 

6. WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542
I expressly waive all rights under California Civil Code Section 1542, which provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

I understand that this means I am waiving claims I may not currently be aware of related to equestrian activities.

7. MINORS
For participants under 18 years of age, I, as parent or legal guardian, acknowledge that this waiver is intended to be enforceable to the fullest extent permitted by California law. However, I understand that the enforceability of this waiver as it pertains to minors may be subject to limitations under California law. I nevertheless expressly agree to assume all risks on behalf of my minor child and release the Released Parties from liability as described above.

8. SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties regarding the subject matter hereof and supersedes any prior agreements, oral or written. This Agreement can only be modified by a written document signed by all Parties.

10. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of California. Any legal action arising from this Agreement shall be brought only in the courts of California.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.