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I agree to the following agreement with LAZY K RANCH LLC, LAUREN KNAPP LEASING INC, LAUREN J. KNAPP, SHERRINE KNAPP ( hereinafter “LAZY K”), as a condition for its allowing me, and my children/legal wards to enter its property, participate in horse sale, be near horses handle horses, use or wear equipment provided by LAZY K.
IT IS AGREED AS FOLLOWS:
1. AWARENESS OF RISKS. Even though LAZY K discourages sale participants from running during the sale, people are very anxious to pick a horse, and do run when the sale starts. I understand there is a possibility of falling and/or being injured by other participants or by some other factor which is completely unrelated to being around horses.
I am aware that anyone riding, handling, or even near a horse can suffer bodily and other injuries. Among other things, horses are unpredictable by nature. I also understand that all horses are powerful and have the potential to be dangerous. I understand these risks and dangers inherent in horse activities can occur with or without negligence on the part of LAZY K or its employees, agents, or affiliated persons. I am not relying on LAZY K to list all possible risks to me. I also understand these are just some risk, and I agree to assume others.
2. LIABILITY WAIVER AND RELEASE/EXPRESS ASSUMPTION OF RISKS. I agree to assume full responsibility for any and all bodily injuries or damages or other injuries or losses which I may sustain when engaging in these and other activities (except if such injury or damage is caused by LAZY K’s gross negligence or willful misconduct). I, or my heirs, administrators, personal representatives or assigns, waive, release, discharge, and covenant not to sue LAZY K, and their respective owners, officers, directors, employees, agents insurers, representatives, heirs, assigns, affiliated persons, and others acting on their behalf of and from any and all claims, damages, actions omissions, suits, or causes of action (present and future), whether the same is caused by the ordinary negligence of these parties or not.
3. INDEMNITY AGREEMENT. I also agree to indemnify and hold harmless LAZY K and their respective owners, officers, directors, employees, agents, insurers, representatives, heirs, assigns, affiliated persons, and other acting on their behalf against all damages which are sustained or suffered by my minor children, legal wards and/or any third person(s) [people who are not parties to this Agreement, including, but not limited to, other people, guest, etc.], including any and all injuries or damages whatsoever that I may cause, directly or indirectly, while participating in the sale, driving a vehicle, being near horses, handling horses, using or wearing equipment provided by LAZY K, and/or riding horses at any location on, near or off of LAZY K’s property. The indemnity agreement shall apply regardless of whether or not the injury, death, or damage incurred by others caused by the ordinary negligence of LAZY K and their respective owners, officers, directors, employees, agents, insurers, representatives, heirs, assigns, affiliated persons, and other acting on their behalf.
4. PURCHASE AGREEMENT I am at least 18 year of age and I understand that all horses are sold as is. Lazy K Ranch is not liable for any mistakes or omissions and announcements on sale day take precedence over online & printed material. I have read the sale procedures and understand that if I am the high bidder I am obligated to pay the full amount I bid plus sales tax.
If I am unable to take my horse(s) with me on sale day, I will make special arrangements to leave my horse for a specified number of days and understand that I will be charged board. (Does not apply to foals left on mares.) I will not hold Lazy K Ranch responsible for any sickness or injury to my horse while at Lazy K Ranch. I also agree to pay for any vet care given to my horse while at Lazy K Ranch.
5. PERMISSION FOR PHOTOGRAPHY. I grant to LAZY K the irrevocable and unrestricted right to use and publish photographs of me or my minor children and legal wards for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release LAZY K and there legal representatives and assigns from all claims and liability relating to said photographs.
6. MISCELLANEOUS. This agreement is governed by California law and is intended to be as broad and inclusive as is permitted under the law. Should any clause conflict with the law, only that clause will be null and void and the remainder shall stay in effect. This agreement can only be modified by a written agreement that is signed by me and Lauren J. Knapp. Any disputes arising under this agreement, or activities undertaken pursuant to it, shall be litigated in the State or Federal court nearest to Chowchilla, CA. If I breach this agreement, I agree to pay attorney’s fees and court costs incurred by LAZY K related to such breach.
6. ALSO, I REPRESENT THAT:
I AM AT OR OVER 18 YEARS OF AGE AND, IF I AM SIGNING ON BEHALF OF A CHILD OR LEGAL WARD, I AM THE MINOR’S PARENT OR LEGALLY-APPOINTED GUARDIAN, AND NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FORGOING WRITTEN AGREEMENT HAVE BEEN MADE;
I AM OF SOUND MIND, AND NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS;
I HAVE READ THIS ENTIRE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND SALES CONTRACT (BOTH SIDES), AND I FULLY UNDERSTAND IT; AND
I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM GIVING UP LEGAL RIGHTS AND/OR REMEDIES BY SIGNING IT.
AS A RESPONSIBLE HORSE OWNER, I AGREE TO PROVIDE PROPER FOOD, WATER, HOOF AND VETERINARY CARE FOR MY NEW LAZY K HORSE. IF I BECOME UNABLE TO PROPERLY CARE FOR MY LAZY K HORSE AND ARE UNABLE TO LOCATE A SUITABLE NEW HOME, I WILL CONTACT LAZY K RANCH FOR ASSISTANCE.
