RELEASE OF LIABILITY

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

HORSEBACK RIDING CAN BE DANGEROUS. RIDE AT YOUR OWN RISK.

In exchange for participation in the activity of Horseback riding, ground work, and trail riding
organized by Kim Bergmann, at 1425 Sunshine Valley Rd, Moss Beach, California, 94038 and/or
use of the property, facilities and services of Lori Rhodes and Kim Bergmann, I agree for myself
and (if applicable) for the members of my family, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted

rules and warnings, and further agree to follow any oral instructions or directions given by Kim
Bergmann, or the barn owner, representatives or agents of Kim Bergmann.

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain
inherent risks associated with the above described activity and I assume full responsibility for
personal injury to myself and (if applicable) my family members, and further release and discharge
Kim Bergmann for injury, loss or damage arising out of my or my family's use of or presence upon
the facilities of Kim Bergmann, whether caused by the fault of myself, my family, Kim Bergmann,
barn owner or other third parties. By signing this form, I hereby acknowledge on behalf of myself
that I have familiarized myself with the activities that I will be allowed to participate in, and that I
do hereby acknowledge and agree that I will participate in these activities without restriction or
limitation. I recognize the inherent risks involved in riding and working with horses, including but
not limited to:

_ Bites, kicks, abrasions or contusions from horses. ______ Initial

_ Being thrown or bucked off by horses. ______ Initial

_ Scratches or other injury from stalls or enclosures. ______ Initial

_ Scratches or other injury from grooming tools and other equine equipment and tack. ______
Initial

_ Allergic reactions to animals, hay, or other allergens. ______ Initial

_ Tripping in holes or on materials or equipment. ______ Initial

_ Slipping, falling, or otherwise being injured in the barn, in stalls, or on the grounds, which can be
slippery, muddy, wet, or contain or present other hazards. ______ Initial

3. INDEMNIFICATION. I agree to indemnify and defend Kim Bergmann against all claims,

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causes of action, damages, judgments, costs or expenses, including attorney fees and other
litigation costs, which may in any way arise from my or my family's use of or presence upon the
facilities of Kim Bergmann.

4. FEES. I agree to pay for all damages to the facilities of Kim Bergmann caused by any negligent,
reckless, or willful actions by me or my family.

5. CONSENT. I, Jessica Sweedler of _________________, San Francisco, California

_________________, consent to the participation of my Daughter, Josephine Price, in the activity
of Horseback riding, ground work, and trail riding, and agree on behalf of the above minor to all of
the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I
have legal authority over and custody of Josephine Price.

6. MEDICAL AUTHORIZATION. By signing this agreement I hereby acknowledge that

although there may be supervision during my time spent at Red Tail Ranch/ Kim Bergmann, there
will not be a nurse on the premises and Red Tail Ranch and its principals and agents bear no
responsibility for my health or medical care. I agree to indemnify, save and hold harmless Red Tail
Ranch and Kim Bergmann and its principals and agents from and against any loss, liability,
damage, attorneys’ fees, or costs that they may incur arising out of or in any way connected with
either my presence or participation at Red Tail Ranch or any acts or omissions of Red Tail Ranch
and Kim Bergmann.

In the event of an injury to the above minor during the above described activities, I give my
permission to Kim Bergmann or to the employees, representatives or agents of Kim Bergmann to
arrange for all necessary medical treatment for which I shall be financially responsible, if Kim
Bergmann is avialible. This temporary authority will begin on December 01, 2018 and will remain
in effect until terminated in writing by the undersigned or December 01, 2019, whichever occurs
first. Kim Bergmann shall have the following powers:

a.The power to seek appropriate medical treatment or attention on behalf of my child as may
be required by the circumstances, including without limitation, that of a licensed medical
physician and/or a hospital;

b.The power to authorize medical treatment or medical procedures in an emergency situation;

and

c.The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.

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7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the
above shall be resolved under California law.

8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this
Agreement and that I have been given a reasonable opportunity to review it before signing. I
further agree and acknowledge that I am free to have my own legal counsel review this Agreement
if I so desire. I further agree and acknowledge that Kim Bergmann has offered to refund any fees I
have paid to use its facilities if I choose not to sign this Agreement.

9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of
an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the
interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly
reject the application of any legal or equitable rule of interpretation which would lead to a
construction either "for" or "against" a particular party based upon their status as the drafter of a
specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties
specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other
statute or common law principles of similar effect.

10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement,

whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the
validity or enforceability of any other provision of this Agreement or of any other applications of
such provision, as the case may be, and such invalid or unenforceable provision shall be deemed
not to be a part of this Agreement.

11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or
relating to this Agreement through friendly negotiations amongst the parties. If the matter is not
resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute
Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to
mediation in accordance with any statutory rules of mediation. If mediation does not successfully
resolve the dispute, then the parties may proceed to seek an alternative form of resolution in
accordance with any other rights and remedies afforded to them by law.

12. EMERGENCY CONTACT. In case of an emergency, please call Jessica Sweedler

(Relationship: Mother) at 415 713 9455 (Day), or 415 713 9455 (Evening).

IMPORTANT NOTICE. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP

CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN
CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOUR
RIDING OR USE OF THE OWNER’S HORSE AND/OR PARTICIPATION IN EQUINE
ACTIVITIES AT Red Tail Ranch, and on trail, INCLUDING INJURY, DEATH, OR
PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OF YOU OR Red Tail

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Ranch, OR Kim Bergmann.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER

UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY
SURRENDER CERTAIN LEGAL RIGHTS FOR A FULL CALENDAR YEAR.

Dated: _________________________

Parent/Gardian Signature:________________________________________

Participant Signature: ________________________________________

Parent/Gardian: Jessica Sweedler

Participant: Josephine Price

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