RELEASE OF LIABILITY, PROMISE NOT TO SUE, AND ASSUMPTION OF RISK

Definitions. As used herein, “Activities”, whether singular or plural, shall mean all activities of any kind, character or nature on, over, under, and across real property belonging to or under the control of the Releasees which may or may not involve operation or interaction with personal properties, fixtures, and improvements belonging to or under the control of the Releasees and/or third parties. Such Activities may include, but not be limited to, all forms of personal, recreational, or commercial activities, entering or existing the real property, traveling to or from the real property, walking / hiking, swimming, riding in or on vehicles, horseback riding, vineyard or property tours and tasting, consuming food and beverages prepared by Releasees, or observing others doing any of the foregoing activities, among other activities. Such Activities may be conducted with or without the Releasees and with or without supervision. As used herein, “Releasees” shall collectively mean the following parties: Rancho San Julian Beef LLC, Rancho San Julian LLC, Elizabeth Poett, and their immediate family members, affiliates, members, managers, employees, officers, directors, trustees, trustors, legal representatives, volunteers, contractors, agents, successor and assigns.

Release of Liability, Promise Not to Sue, Assumption of the Risk, and Agreement to Pay Claims. I, individually and on behalf of all persons attending with me under the tickets purchased hereby (all references to “me”, “my” or “I” hereunder will be interpreted to mean me and all persons attending with me via this ticket purchase) desire to engage in Activities, and my engagement in such Activities is voluntary. I warrant as holder of tickets, I have been authorized by my accompanying parties for whom I hold a ticket to act on their behalf in agreeing to this release and accepting applicable terms. The Activities may require I and/or property I own or am responsible for travel to and from the real property of the Releasees, enter on, over, under, and across the real property of the Releasees, and/or operate, interact with or use the personal property, fixtures, and improvements of the Releasees and/or third parties. As lawful consideration for being permitted by the Releasees to enter the Releasees’ real property and engage in Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES WITH SUBSTANTIAL RISKS THAT MAY INCLUDE, BUT IN NO WAY ARE LIMITED TO, UNPREDICTABLE ANIMAL BEHAVIOR, DANGEROUS WILDLIFE AND FLORA, DANGEROUS AND UNSTABLE TERRAIN WHETHER NATURAL OR MAN-MADE, DANGEROUS WATER CONDITIONS, EQUIPMENT OR PROPERTY MALFUNCTION, UNPREDICTABLE WEATHER CONDITIONS, AND ALLERGIC REACTIONS TO FOOD SERVED TO ME. I UNDERSTAND THAT THE ACTIONS OF ANY OTHER PERSON OR ANIMAL CAN NECESSARILY BE CONTROLLED, AND THAT MY SAFETY AND THAT OF MY PROPERTY (INCLUDING WITHOUT LIMITATION ANIMAL, OTHER ANIMALS, OTHER PEOPLE, AND OTHER PROPERTY) CANNOT BE GUARANTEED WHILE ENGAGING IN THE ACTIVITIES. I AM AWARE OF MY ALLERGIES AND AM SOLELY RESPONSIBLE FOR AVOIDING FOODS THAT CONTAIN ITEMS I AM ALLERGIC TO. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE, INCLUDING WITHOUT LIMITATION INJURY OR DEATH TO ME, MY PROPERTY, AS WELL AS PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND/OR DEATH. I ACKNOWLEDGE THAT ANY INJURIES I AND/OR MY PROPERTY SUSTAINS MAY BE COMPOUNDED BY MY LEVELS OF FITNESS OR ABILITY, THE CONDITIONS OF MY PROPERTY, LEVELS OF FITNESS OR ABILITY, THE CONDITIONS OF THE RELEASEES’ REAL AND PERSONAL PROPERTIES, NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE RELEASEES AND OTHER ACTIONS, INACTIONS, ERRORS OR OMISSIONS OF RELEASEES, MYSELF OR THIRD PARTIES. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY ENTERING THE RELEASEES’ REAL PROPERTY AND/OR ALLOWING MY PROPERTY TO ENTER SUCH REAL PROPERTY AND ENGAGING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OR OTHER ACTS, ERRORS OR OMISSIONS OF THE RELEASEES OR OTHERWISE AND INCLUDING RISKS KNOW OR UNKNOWN TO ME.

I, on behalf of myself and my next of kin, heirs, assigns, and representatives, hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Releasees, on account of injury (including without limitation psychological distress or illness, and economic or emotional loss), death, property damage (including without limitation, death or injury to my animals and other personal property) arising out of or attributable to the Activities, whether arising out of the ordinary negligence of the Releasees or otherwise. I covenant not to make or bring any such claim against the Releasees or any other Releasee, and forever release and discharge the Releasees and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other liabilities that California law does not permit to be released by agreement.

I understand that by signing this release, I am waiving any and all claims of any kind arising out of or attributable to the Activities, including those claims that may be unknown to me or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: 

A general release does not extend to claims that 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, would have materially affected his or her settlement with the debtor or released party.

I promise not to sue and shall defend, indemnify, and hold harmless the Releasees and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including  attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to the Activities therein, including without limitation any claims arising out of my negligence or the ordinary negligence of the Releasees.

This Agreement constitutes the sole and entire agreement of the Releasees and me concerning the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning such subject matter. If any term or provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Releasees and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the state courts located in Santa Barbara County, California. I hereby consent to such courts’ exclusive jurisdiction.

I ACKNOWLEDGE: (a) I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT; AND (b) I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES.  I warrant I am 18 years or older. I understand the legal consequences of signing this Agreement, including (a) releasing the Releasees and Releasees from all liability, (b) promising not to sue the Releasees, (c) and assuming all risks of participating in the Activities, including travel to, from and during the Activities. I understand that this document is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.

By checking the box at checkout acknowledging my acceptance of these terms, I do hereby irrevocably approve, adopt and agree to them with the same force and effect as if I manually signed this release.