A day at the ranch.

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 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).

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, related to or arising, directly or indirectly, from access to and/or use of the Vail Kids Ranch Facilities. 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 that a general release does not extend to claims which the releasing party does not know or suspect to exist at the time of executing the release. 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. 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, and publicizing Vail Kids Ranch through any medium including social media. I/we waive all claims I/we may have in connection with the recordings.

Arbitration of Disputes; Time Limit; 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, 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, and to have any claim determined by a jury. Any dispute shall be brought within one year of its accrual and determined by arbitration in Orange County, California, before one arbitrator, administered by JAMS pursuant to its Rule 16.1 Expedited Arbitration Rules and Procedures. This Agreement shall be governed by the laws of the State of California.

I/we have read this Agreement; I/we understand this Agreement; and I/we agree to be bound by the terms of this Agreement. By signing, I/we represent and warrant that I/we am/are the parent, legal guardian, or person otherwise responsible for the below-listed Child(ren) and have the authority to execute this Agreement on their behalf. I/we am/are 18 years of age or older.

In summary, by my/our signature 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, and 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.