Orella Ranch Participation Agreement
RELEASE OF LIABILITY
I ACKNOWLEDGE THAT ANY ACTIVITIES ASSOCIATED WITH RANCHING, FARMING OR JUST BEING ON SUCH A PROPERTY ARE POTENTIALLY HAZARDOUS ACTIVITIES WHICH INVOLVE RISKS OF SERIOUS INJURY AND DAMAGE TO PERSON OR PROPERTY, AND IN EXTREME CASES, POSSIBLE DEATH. I UNDERSTAND AND AGREE THAT I AM HERE AT MY OWN RISK AND KNOWINGLY ASSUME ALL RISK, KNOWN AND UNKNOWN, OF ANY SUCH ACTIVITIES.
In consideration of my being able be on Orella Ranch (addresses 12220, 12240, and 12750 Calle Real, Gaviota, California 93117) with permission, I hereby waive, release, and discharge Mark W. Tautrim Trust, The Oaks at Orella Ranch, Sam’s Doggie Dude Ranch, LLC, Quail Springs, Suzette Lockheed Tautrim, Guner and Heidi Tautrim, and Kimberly and Douglas Hasselbring, their trusts or any successor-in-interest and their respective officers, directors, employees, attorneys, and agents of each entity, and any other member of the above mentioned family members (hereinafter referred to THE RANCH), their representatives, heirs, executors, and assigns from any and all claims of liability for injury or damage to myself, my animal, spectators, or my property and the property of others affected by my actions for any act of negligence or want of ordinary care on the part of the above named people or entities. This agreement is binding upon my executors, heirs and assigns.
I agree that this release extends to all claims of every kind and nature whatsoever whether known or unknown, and I expressly waive any rights I may have under California Civil Code 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.”
I agree that I will indemnify and hold harmless THE RANCH, its representatives, heirs, executors, and assigns against all claims, demands and causes of action, including court costs and actual attorney fees, arising from any proceeding or lawsuits brought by or prosecuted for my benefit in which this release is upheld. THE RANCH, its representatives, heirs, executors, and assigns shall not be liable for any damage which may accrue from any damage, or as a result of fire, theft, state of health, injury to person or property including any damages or injuries that may arise from the negligent acts or omissions even if the negligent acts or omissions occur after I am injured.
I acknowledge that my participation in any kind of ranch activity entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of ranch activities.
The undersigned for themselves consent to any emergency first aid treatment for the undersigned in the event such treatment is reasonably required, which determination may be made in the sole discretion by THE RANCH, employees and agents, and to hospital services that may be rendered to said person(s) under the general or specific instructions of any physician or hospital. This consent is given in advance of any such diagnosis or treatment that may be required, such physician to exercise their best judgment as to the requirements of such diagnosis or treatment. The undersigned shall pay all fees for doctors or any other medical charges necessarily incurred.
I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while on THE RANCH, or else I agree to bear the costs of such injury or damage. I also certify that I am willing to assume the risk of any medical or physical condition I may have.
In the event that I file a lawsuit against THE RANCH, or any entity thereof, I agree to do so solely in the State of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of 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.
I have been fully warned and advised by THE RANCH that I should wear proper personal protective equipment whenever warranted, in order to reduce the severity of potential injuries and to possibly prevent my death from happening as the result of any ranch activity.
I understand that this contract is also a waiver of my rights and an agreement not to sue. I understand that I am giving up legal rights by signing this document. The execution of this document is a condition to entering THE RANCH and participating in any ranch activities.
Signature ______________________ Print Name__________________ Date _______
Emergency Contact (Name & Phone)__________________________________________
Dr.’s Name and Phone_____________________________________________________