Come on out.

On behalf of myself/ourselves and all minor children under my/our supervision (referred to in this Agreement as the “Child(ren)”) and in consideration for access to, use of and participation in Vail Kids Ranch at Vail Headquarters facilities, services, activities, attractions, rides and equipment, including without limitation the pony rides, petting zoo activities, train ride, and/or playground equipment (together, the “Vail Kids Ranch Facilities”), I/we represent, acknowledge and agree as follows:

GENERAL RELEASE

I/we acknowledge and agree that this Agreement is intended to release and provide benefits, legal protections and consideration to Vail Master LLC and Vail Headquarters LLC doing business as Vail Kids Ranch, and its agents, owners, members, officers, managers, entities affiliated with, volunteers, participants, employees, insurers and landlords (collectively, “Vail Parties”).

INHERENT RISK OF INJURIES

I/we acknowledge and agree that use of the Vail Kids Ranch Facilities involves inherent risks that may cause serious physical or emotional injury, including broken bones, paralysis, blindness, traumatic brain injury, disability and possibly death to participants.  The risks also include transmission of disease from other participants (INCLUDING COVID-19) and allergic reactions through the use of equipment, contact with animals or contact with other participants or surfaces the participants and animals have been in contact with, falling off of or impacting equipment or the ground, making contact with other participants, the actions or activities of other participants, and the unpredictable nature of animals in general regardless of care, caution, training, instruction, experience and past performance.  Animals may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step or stomp on a person’s feet, head butt, push, shove, and jump on or drag a person, and saddles, bridles and other equipment may loosen or break – any of which may cause a person to be thrown from a horse or pony or otherwise fall or be jolted, resulting in serious injury or death.  I/we acknowledge and agree that the risks to myself/ourselves and the Child(ren) of participation include serious injury as described above, death, damage to personal property and other risks, both known and unknown.  I/we acknowledge and agree that if medical assistance (in any form, including emergency care, hospitalization, out-patient-care, and/or physical therapy) is required or performed as a result of any injury myself/ourselves and the Child(ren) sustains while using the Vail Kids Ranch Facilities, such assistance shall be at my/our own expense.

VOLUNTARY ASSUMPTION OF RISK

I/we acknowledge and agree that the Child(ren) and I/we are participating voluntarily at our own risk in the use of the Vail Kids Ranch Facilities, with full knowledge of the risks, dangers and hazards described above, as well as the potential risks caused by the actions of other customers and/or the failure, malfunction or loss of control of equipment, and I/we on our own behalf and on behalf of the Child(ren) hereby knowingly, voluntarily and freely agree to accept and assume any and all risks, dangers and hazards inherent in the use of the Vail Kids Ranch Facilities.  I/we take full responsibility for my/our own actions and safety, along with the actions and safety of the Child(ren).  I/we acknowledge and agree that the actions of other customers or the actions or inactions of the VAIL Parties may cause me/us or the Child(ren) injury or death as described above, and that the VAIL Parties shall not be responsible for the actions or activities of customers using the Vail Kids Ranch Facilities or the negligence of the VAIL Parties in supervising the use of the Vail Kids Ranch Facilities, including acts, activities, or omissions that result in any such injury or death.

RELEASE OF LIABILITY

On behalf of myself/ourselves and the Child(ren), I/we hereby forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue the VAIL Parties from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments, and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from access to and/or use of the Vail Kids Ranch Facilities, the condition, maintenance, inspection, supervision, control, or security of the Vail Kids Ranch Facilities, the failure to warn of dangerous conditions in connection with the Vail Kids Ranch Facilities, and/or the acts or omissions of the VAIL Parties including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, any illness – including but not limited to known or unknown infectious and/or contagious diseases (INCLUDING COVID-19), known or unknown epidemics and/or pandemics (INCLUDING COVID-19), known or unknown intentional and/or negligent failure to quarantine without regard to declarations made or not made by federal and/or local authorities, bodily harm, paralysis, or death, including any such losses, claims, or injuries caused or resulting from the sole negligence of the VAIL Parties.  I/we understand that this waiver and release applies not only to use of pony rides, animal related activities but also all other equipment, attractions, activities, games and actions of other guests and participants at the Vail Kids Ranch Facilities.  I/we also understand that this waiver and release applies to and includes all activities in which I/we or the Child(ren) engage at the Vail Kids Ranch Facilities and/or adjoining properties. I/we expressly agree that the foregoing waiver and release is intended to be as broad and inclusive as permitted by the laws of the State of California.

IN CONNECTION WITH THE FOREGOING WAIVER AND RELEASE, I/WE ACKNOWLEDGE THAT CALIFORNIA CIVIL CODE SECTION 1542 PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”

I/WE HEREBY VOLUNTARILY WAIVE ALL RIGHTS UNDER THE FOREGOING CIVIL CODE PROVISION AS TO UNKNOWN OR FUTURE CLAIMS.

COVENANT NOT TO SUE/INDEMNIFICATION

ON BEHALF OF MYSELF/OURSELVES AND THE CHILD(REN), I/WE HEREBY AGREE NOT TO SUE THE VAIL PARTIES FOR ANY INJURY, LOSS OR DAMAGES RESULTING FROM THE VAIL KIDS RANCH FACILITIES AND TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE VAIL PARTIES FROM AND AGAINST ALL CLAIMS, LIABILITIES, COSTS, DAMAGES, AND/OR EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF MY/OUR OR THE CHILD(REN)’S ACCESS TO AND/OR USE OF THE VAIL KIDS RANCH FACILITIES.

PHOTO/VIDEO/SOCIAL MEDIA WAIVER

In connection with my/our and the Child(ren)’s use of the Vail Kids Ranch Facilities, I/we consent to the recording of the Child(ren)’s and my/our physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I/we hereby consent to and authorize Vail Kids Ranch to use, without compensation, in perpetuity, such Recordings, as well as the Child(ren)’s name and my/our name, for any purpose, including advertising, promoting, exploiting and/or publicizing Vail Kids Ranch through any medium including social media such as Facebook, Instagram, etc. I/we further agree that the foregoing includes the consent to use the Child(ren)’s and/or my/our physical likeness in any form. In addition, I/we waive all claims I/we may have in connection with the Recordings.

ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM; CHOICE OF LAW

I/WE AGREE TO ARBITRATE ALL DISPUTES THAT ARISE RELATING TO MY AND/OR THE CHILD(REN)'S USE OF VAIL KIDS RANCH FACILITIES. I/WE UNDERSTAND THAT, BY AGREEING TO ARBITRATE ANY DISPUTE AS SET FORTH, I AM WAIVING MY/OUR RIGHT, AND THE RIGHT(S) OF THE CHILD(REN), TO MAINTAIN A LAWSUIT IN A COURT OF LAW AGAINST THE VAIL PARTIES FOR ANY AND ALL CLAIMS COVERED BY THIS AGREEMENT.  BY AGREEING TO ARBITRATE, I/WE UNDERSTAND THAT I/WE WILL NOT HAVE THE RIGHT TO HAVE MY/OUR AND/OR THE CHILD(REN)’S CLAIM DETERMINED BY A JURY.  Reciprocally, the Parties waive the right to maintain a lawsuit against me/us and the Child(ren) for any and all claims covered by this Agreement, and the Parties will not have the right to have claim(s) determined by a jury.  ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY/OUR OR THE CHILD(REN)’S ACCESS TO AND/OR USE OF THE VAIL KIDS RANCH FACILITIES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN ORANGE COUNTY, CALIFORNIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT T ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES.  JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.  This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I/we understand and acknowledge that the JAMS Arbitration Rules to which I/we agree are available online for review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and Policy On Consumer Minimum Standards Of Procedural Fairness.

SAFETY IS MY RESPONSIBILITY: I/WE AGREE AND EACH CHILD AGREES TO FOLLOW THE RULES:

Patrons have a duty to exercise good judgment and act in a responsible manner while using the playground and other equipment, and while engaging in such activities. Patrons have a duty to obey all oral or written warnings, or both, prior to or during participation, or both.

Patrons have a duty to properly use all equipment provided, for all activities, other equipment, or otherwise.

Patrons have a duty to avoid bodily contact with other patrons.

Patrons have a duty to conform with or meet height, weight or age restrictions imposed by the manufacturer or owner to use or participate in any activity, whether be horse related, equipment related, or otherwise.

Patrons must follow and obey all posted and stated warnings and patron education signs.

Patrons must read, understand, and explain all requirements and safety rules to each Child accompanied by them, and to ensure that each Child obeys the requirements and safety rules.

Patrons must carefully monitor and supervise each Child accompanied by them to ensure that they are acting in a safe manner at all times.

I/we have read this Agreement; I/we understand this Agreement; and I/we agree to be bound by the terms of this Agreement. I/we understand that no provision of this Agreement may be waived or altered by any of the Parties. This Agreement constitutes and contains the entire agreement between the Parties and me/us relating to the Child(ren)’s and my/our use of the Vail Kids Ranch Facilities. There are no other agreements, oral, written, or implied, with respect to such matters. I/we agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect.

By signing below, I/we represent and warrant that I/we am/are the parent, legal guardian, or person(s) otherwise responsible for the below-listed Child(ren) and have the authority to execute this Agreement on the Child(ren)’s behalf and to act on the Child(ren)’s behalf. I/WE HAVE CAREFULLY READ EACH AND EVERY PARAGRAPH IN THIS DOCUMENT AND I/WE AND THE CHILD(REN) AGREE TO BE BOUND BY THE TERMS STATED HEREIN, INCLUDING THE WAIVER AND RELEASE OF LIABILITY CONTAINED THEREIN. I/we further agree to indemnify and hold harmless the Vail Parties from any and all claims brought by or on behalf of the Child(ren), which are in any way connected with, arise out of, or result from their use of the Vail Kids Ranch Facilities.  I/we am/are 18 years of age or older. I/we am/are entering into this Agreement on behalf of myself, my spouse or domestic partner, the Child(ren), and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons.

IN SUMMARY, BY MY/OUR SIGNATURE(S) BELOW, I/WE ACKNOWLEDGE THAT IF I/WE OR ANY OF THE CHILD(REN) ARE INJURED IN ANY WAY, THIS WAIVER AND RELEASE PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM THE VAIL PARTIES.  I/WE FURTHER ACKNOWLEDGE THAT I/WE AND THE CHILD(REN) HAVE AGREED TO ARBITRATE ANY DISPUTE AND WAIVE THE RIGHT TO HAVE A JURY OR A JUDGE RESOLVE ANY SUCH DISPUTE.