Dilday Ranch 11225 Road 256 Porterville 93257  DildayRanch.com THIS LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK is made and entered into on this _______day of________, 20_____, hereinafter designated Participant; and, if Participant is a minor, Participant’s parent or guardian, _____________________________________. In return for the use today, and on all future days, of property, facilities, and services of the Equine Professional, the Participant, his heirs, assigns and legal representatives, hereby expressly agree to the following: 1. Participant is responsible for full and complete insurance coverage on his horses, personal property and him/herself. 2.  Participant understands there are INHERENT RISKS in and around equine activities. There are dangers or conditions that are an integral part of equine activities, including, but not limited to: the propensity of an equine to behave in ways that may result in injury or harm or the death of a person around the equine; including bucking, biting, kicking, rearing, shying, falling or stopping on; the unpredictability of an equine’s reaction to such things as medications, sounds, sudden movement, unfamiliar objects, persons or other animals; hazards, such as surface and subsurface round conditions; collisions with other equines, animals or objects, or the potential of another participant to not maintain control over the equine or to not act within the person’s ability and/or act in a negligent manner. 3. PARTICIPANT EXPRESSLY ASSUMES RESPONSIBILTY FOR ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANT USE OF OR PRESENCE UPON EQUINE PROFESSIONAL’S PROPERTY AND FACILITES including, without limitations but not limited to: the risks of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire or explosion, the unavailability of emergency medical care and or the negligence and/or deliberate act of another person. 4. Participant agrees to hold Equine Professional and all successors, assigns, subsidiaries, franchises, affiliates, officers, directors, employees and agents completely harmless and not liable and releases them from all liability whatsoever and AGRESS NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages costs or expenses arising out of Participant’s use of or presence upon Equine Professional’s property and facilities, including without limitation, those based on death, bodily injury, property damage, including consequential damages, except if the damages are caused by the direct, willful and wanton gross negligence of the Equine Professional. 5. Participant agrees to waive the protection afforded by and statute or law in any jurisdiction (e.g. California Civil Code 1542(whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release. 6. Participant agrees to indemnify and defend Equine Professional against, and hold harmless from, any and all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which in any way arises from Participant’s use of or presence upon the Equine Professional’s property and facilities. 7. Participant agrees to abide by all Equine Professional’s rules and regulations, and Participant is responsible for using protective gear, i.e. hard hat and boots. 8. This contract is non-assignable and non transferable and is made and entered into the State of California and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with State law, then the clause is null and void. 9. WARNING: Under California law, an equine activity sponsor or equine professional is not liable for injury to, or the death of a participant in equine activities resulting from inherent risks or equine activities. ______________________________________________________________________________________ When the Equine Professional and the Participant (and Participants parent or guardian, if participant is a minor) sign this contract it will be binding.                                                                                                 I HAVE READ AND UNDERSTAND THIS RELEASE:   X_______________________________                     X_________________________________________    Equine Professional’s Signature                                                   Participant’s Signature                                  Date____________________   X_______________________________                     Address: __________________________________     Participant’s Guardian’s Signature                                                                                                 Phone:  __________________________________