Everyone who rides, handles a horse, or spends time at QSC Ranch signs this once. Read it in full, then sign at the bottom. It takes about two minutes, and it means there is nothing to fill out when you arrive.
IN CONSIDERATION OF the risk of injury that exists while boarding a horse, being present at the facility, handling horses, or otherwise participating in HORSE BOARDING / HANDLING / RIDING activities (hereinafter the "Activity") at QSC Ranch; and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I," or "me," which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims, or causes of action of any kind arising out of my participation in the Activity.
I HEREBY RELEASE AND FOREVER DISCHARGE QSC Ranch, located in Ventura County, California, its owners, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively, "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND PARTICIPATING ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH — including risks specific to horses, such as their propensity to bite, kick, strike, rear, buck, bolt, or spook; to behave unpredictably when approached, mounted, led, or handled; and the risk of being thrown, dragged, stepped on, or pinned.
I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel to and from the Activity, or conditions at the Activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this Activity.
CALIFORNIA EQUINE ACTIVITY NOTICE: UNLIKE MOST OTHER STATES, CALIFORNIA HAS NOT ENACTED AN EQUINE ACTIVITY LIABILITY ACT, SO NO STATE STATUTE AUTOMATICALLY LIMITS A STABLE'S LIABILITY FOR THE INHERENT RISKS OF EQUINE ACTIVITIES DESCRIBED ABOVE. THIS RELEASE — NOT A STATUTE — IS RELEASOR'S PRIMARY PROTECTION AGAINST THOSE RISKS. BY SIGNING BELOW, RELEASOR IS GIVING UP THE RIGHT TO SUE QSC RANCH FOR INJURIES ARISING FROM THOSE INHERENT RISKS.
I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that the Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of the Releasees.
In the event that I should require medical care or treatment, I authorize QSC Ranch to provide all emergency medical care deemed necessary, including but not limited to first aid, CPR, use of AEDs, emergency medical transport, and sharing of medical information with medical personnel.
I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of a QSC Ranch official or agent regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE QSC Ranch AND ALL OF ITS OWNERS, AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST QSC Ranch FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of QSC Ranch, its agents, and employees.
GOVERNING LAW: This Release shall be governed for all purposes by the laws of the State of California, without regard to any conflict of law principles, with venue in Ventura County, California. This Release supersedes any and all previous oral or written promises or agreements.
PROPERTY DAMAGE: In the event that any damage to equipment, livestock, or facilities occurs as a result of my or my family's or my agent's willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with such actions.
DURATION & SEVERABILITY: THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY HORSE(S) BEING BOARDED AT, AND MY ASSOCIATION WITH, QSC RANCH, AND APPLIES TO THIS AND ALL SUBSEQUENT VISITS OR EVENTS OF PARTICIPATION. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Your waiver is on file. There is nothing to fill out when you arrive at the ranch.