RELEASE, WAIVER, HOLD HARMLESS, DEFEND, AND INDEMNIFICATION AGREEMENT. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS – PLEASE READ CAREFULLY BEFORE PURCHASING A TICKET TO DESERT RODEO.

As a participant, ticket holder, spectator, visitor, guest, invitee, volunteer, vendor, sponsor, employee of a third party, and/or contractor, on his or her own behalf and, if applicable, as the parent or legal guardian of a minor participant, ticket holder, spectator, visitor, guest, invitee, volunteer, vendor, sponsor, employee of a third party, and/or contractor (collectively “Releasor”), for good and valuable consideration, you agree to the following terms and conditions of this Release, Waiver, Hold Harmless, Defend, and Indemnification Agreement (this “Release”):

1. Assumption of Risk and Waiver: Releasor understands and accepts the risks of engaging in or attending any rodeo event or activities, as well as merely being near a horse, bull, or other rodeo animals (each, an “animal”), including, illness, injury, death, property damage, or any other loss (collectively “Loss”) resulting from: (a) the propensity of an animal to behave in ways that may result in injury, harm, or death to persons on or around them (ex.: jump, run, kick, buck, bolt, spin, rear up, strike, bite, stumble, fall, etc.), (b) the unpredictability of an animal’s reaction to sounds (ex.: machinery, equipment, doors, rain, wind, thunder, voices, ATV’s, gun shots, cars, trucks, snakes, etc.), sudden movement (ex.: rider or jump falling, loose horse or dogs, etc.), and unfamiliar objects (ex.: jumps, poles, barrels, flowers, water, flags, golf carts, etc.), persons (ex.: riders, visitors/guests, spectators, etc.), other animals (ex.: leashed or unleashed dogs, cats, wildlife, etc.), or other things, (c) certain hazards such as surface and subsurface conditions (ex.: ground holes, uneven terrain, slippery, hard, or deep footing or flooring, construction material, other dangerous latent conditions of the property, etc.), (d) collisions with other animals or objects, and (e) the potential of a participant to act in a negligent manner that may contribute to injury to a participant or others, such as failing to maintain control over the animal, or not acting within his or her ability. Releasor understands the Loss that may result from the accepted risks of engaging with animals or just being near animals, that animals are powerful and potentially dangerous, even without warning, and that the risks listed in this Release are just a sampling and Releasor is not relying on Released Parties to list all possible animal-related risks or all possible risks of attending rodeo events or activities. Releasor agrees that no warranties or representations as to the condition or safety of Released Parties’ facility have been made. Releasor accepts responsibility for the execution of this Release by anyone at Released Parties’ facility at Releasor’s request, invitation, or permission. Releasor agrees to be responsible for his/her personal health and safety, to purchase and maintain his/her own insurance, remain financially responsible for his/her medical expenses, and hereby waives his/her right to any claims arising from participation in or observation of any rodeo event or activities or merely being present on property owned, leased, rented, visited, organized upon, or otherwise occupied or utilized by Released Parties, regardless of the reason for Releasor’s presence on the property. The following shall be included as Released Parties under this Release: Coachella Horse Park LLC, doing business as Desert International Horse Park, CHP Land Company LLC, CHP Show Management Company LLC, doing business as Apex Equisport, and each of their respective parent, affiliate and subsidiary companies, agents, successors, assigns, employees, volunteers, contractors, representatives, assistants, sponsors, members, managers, shareholders, officers, directors, owners, trustees, licensees, invitees, related entities, as well as any other person or entity acting on their behalf or in any manner connected with the ownership and management of the above listed parties (collectively “Released Parties”).

Releasor acknowledges that he/she hereby waives on his/her behalf and on behalf of his/her heirs and assigns, and fully understands the effect of such waiver, all benefits flowing from any state statute that would otherwise limit the scope of this Release, including but not limited to Section 1542 of the California Civil Code, which provides: “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.”

2. Release/Hold Harmless/Defend/Indemnify/Photo Release: Releasor agrees to release, hold harmless, defend, and indemnify Released Parties for Loss incurred by Releasor or Releasor’s property, even if such Loss is caused by negligence or other fault of Released Parties (except gross negligence, recklessness, or intentional misconduct). Releasor grants permission for Released Parties to use his/her photograph and video depictions in any format while engaging in rodeo events or activities and/or related moments.

3. Governing Law/Time Limitation/Attorneys’ Fees/Jury Waiver: This Release shall be construed and enforced in accordance with California law. All disputes relating to the interpretation and enforcement of this Release shall be resolved exclusively by the state court in Los Angeles, California. Releasor submits to this jurisdiction and venue for such purpose. Releasor agrees that this Release does not expire and that any and all claims and/or causes of actions for Loss by Releasor against the Released Parties surviving this Release must be brought within one (1) year of the date accrued and any claim for personal property Loss is limited to Two Hundred Fifty Dollars ($250). Releasor agrees to reimburse Released Parties for any attorneys’ fees and costs incurred by Released Parties in enforcing this Release and/or in defending or prosecuting any claims or causes of actions involving, or in any way relating to, Releasor. Releasor agrees to waive trial by jury in any action, proceeding, or claim brought by Releasor against Released Parties on any matters related to, arising out of, or connected with this Release.

4. Severability/Modification: If any provision of this Release shall be determined to be invalid or unenforceable, the remainder of this Release shall not be affected thereby. Each provision of this Release shall be valid and enforceable to the fullest extent permitted by law. This Release can only be modified in writing signed by Releasor and Coachella Horse Park LLC’s manager, President, or Chief Executive Officer.

5. Releasor Certification: Releasor certifies that he/she has read this entire Release and understands, agrees, and intends to be bound by all of these terms and conditions, certifies that Releasor understands that purchasing a ticket is required to participate in or observe rodeo events or activities and acknowledges that they have other facilities to choose from for such experiences.