RELEASE OF LIABILITY
Our party desires to enter upon and participate in certain activities on the Santa Margarita Ranch located at 9000 Yerba Buena, Santa Margarita, CA 93453 (APNs 070-091-036 and 070-111-037), and other properties owned, leased, or operated by SMR (collectively, “Ranch”); namely “Christmas at the Ranch.” As used in this agreement, “SMR” means Ranch HQ GP and its respective partner trustees. As lawful consideration for being permitted to participate in the historic steam and diesel train rides and activities on the Ranch as part of “Christmas at the Ranch,” our parties agree to all the terms and conditions set forth in this agreement.
I freely represent and warrant on behalf of myself and my entire party that we understand and agree as follows:
That the Ranch is an operating cattle ranch, and all activities engaged in on the Ranch are potentially dangerous. As a guest on the Ranch, we understand it exposes us to a substantial and serious risk of property damage, personal injury, or death. We acknowledge that any injuries that we sustain may be compounded by negligent emergency response or rescue operations.
That the Ranch is populated with cattle and wild animals such as deer, wild pigs, coyotes, bobcats, mountain lions, rattlesnakes, and other animals, and I understand these animals expose us to a substantial and serious risk of property damage, personal injury, or death.
Participation in activities on the Ranch may expose us to substantial and serious risk of property damage and/or personal injury or death, and acknowledge that we are voluntarily participating in such activities on the Ranch with knowledge of the danger involved and hereby agree to accept and assume any and all risks of injury, death, or property damage, whether caused by the negligence of SMR, its affiliates, or otherwise. In consideration for having been given permission to enter upon the Ranch and participate in activities on the Ranch, we expressly waive and release SMR and owners of property leased or operated by SMR, AGM Community Partners and AGM California Inc. and each of the respective successors-in-interest, shareholders, trustees, beneficiaries, members, managers, officers, directors, employees, attorneys, affiliates, licensees, contractors, invitees, and agents of each of the foregoing (collectively, “Releasees”) from liability for any and all claims, now known or hereafter known, for damages for death, personal injury of property damage which we may have, or which may hereafter accrue to us or our heirs as a result of our participation in any activities on the Ranch, including any claims that are known and unknown, foreseen and unforeseen, future or contingent, and whether or not such activities are undertaken by me alone or by other guests of the Ranch, or with employees, agents, members, managers, contractors, or affiliates of Releasees. For purposes hereunder, an “affiliate” of SMR is any person or entity that directly or indirectly owns more than 10% of the beneficial interest in SMR or controls, is controlled by, or under common control with SMR.
We shall not now or at any time in the future, directly or indirectly, commence or prosecute any action, suit, or other proceeding against the Releasees arising out of or related to the actions, causes of action, claims, and demands hereby waived, released or discharged by me above, and forever release and discharge Releasees from liability under such claims. We further waive are insurers’ right to make a claim against Releasees based on payments by insurers to us or on our behalf for any reason. This means my insurers have no rights of subrogation against Releasees. This covenant not to sue shall be binding upon me and my spouse, legal representatives, heirs, successors, and assigns.
We have read and understand California Civil Code Section 1542, which section states as follows: "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 must have materially affected his settlement with the debtor." Having read and understood Section 1542, I hereby waive the provisions of said section and assume all risks for claims now or hereafter arising, known or unknown, related to any activities undertaken by the undersigned on the Ranch, and notwithstanding the provisions of Section 1542, hereby knowingly, voluntarily and expressly release all Releasees from all liability for claims for damages to property or personal injury or death arising out of, connected with or relating to such activities.
We hereby grant Releasees, without limitation, the right to use my name and likeness in connection with the activities on the Ranch for any publicity without further compensation or permission.
We are in good health, in proper physical condition, and do not have any medical or other conditions that would impair our ability to drive or ride in a vehicle or otherwise participate in activities on the Ranch. If at any time we believe conditions to be unsafe or that we are no longer in proper physical condition to participate in any activity on the Ranch, we will immediately discontinue further participation in such activity.
Ranch’s Right to Substitute Equipment: Given the historic nature of the Pacific Coast Railroad equipment, the Event shall have the right, in its sole and absolute discretion, to substitute equipment, including substituting the diesel engine for the steam engine. The Event reserves the right to cancel use of the Train at any time and for any reason in its sole and absolute discretion (with a refund to Guests for cancelled departures). Reasons for cancellation may include, but are not limited to, insufficient staffing, equipment failure, fire hazard, safety hazard, etc. The Event can cancel use of the Train up through and including the date of the Event, as well as, during the Event in the sole and absolute discretion of the Event.
I ACKNOWLEDGE THAT MY PARTY HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT WE ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. AGREEING TO THIS AGREEMENT IS A CONDITION TO ENTERING UPON THE RANCH AND PARTICIPATING IN THE ACTIVITIES THEREON.
