Checking the box acts as a legal signature that you have read and agreed to the terms and conditions of this event.

Please carefully read your liability releases and terms and conditions below. You may also read or print them here: https://drive.google.com/file/d/1lgLSUl5AXdo1eNhErtD0kjo4IuZ3k05w/view?usp=sharing

It is required to complete your emergency information questionnaire at this link: https://docs.google.com/forms/d/e/1FAIpQLSdZeAeME8EkuE6IQ1R63l2_hNTUpncnnrngNs7HDgA7x9y62A/viewform?usp=header

Heart and Mind Equine | Friendly Trails Horse Rescue
Liability Release/Confidentiality Agreement
By signing below, I agree not to disclose any client names, treatment information or identifying information pertaining to any client, past, present or future, of Alane Freund, Licensed Marriage & Family Therapist (LMFT36077), Sara Moss, Associate Marriage and Family Therapist (AMFT141374 Supervised by Yvonne Beyer 36544), Friendly Trails Rescue, and Heart and Mind Equine (hereafter referred to Heart & Mind Equine) to anyone not affiliated with Heart & Mind Equine. This confidentiality agreement is effective on the date of the signing of this agreement and is forever binding after my association with Heart & Mind Equine ends.

Equine Liability Release and Risk Acknowledgement Parties

The parties to this agreement are Alane Freund, Licensed Marriage & Family Therapist, dba Heart and Mind Equine and “Client”.
Apportionment of Liability
In consideration of the client being allowed to attend, participate in, or observe activities sponsored or conducted by Alane Freund, Licensed Marriage & Family Therapist, dba Heart & Mind Equine, Friendly Trails Rescue, Alane Freund, Sara Moss, Elaine Aron, employees, volunteers, or agents (hereafter referred to Heart & Mind Equine), or be present on the properties on which Heart & Mind Equine conducts its activities, client does agree to hold harmless and release Heart & Mind Equine, its officers, members, managers, agents, employees, volunteers, representatives, assigns, affiliated organizations, insurers, and all others acting on Heart & Mind Equine’s behalf and the owner(s) of any horse or other property used by Heart & Mind Equine from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated even if due to negligence and/or other clients’ acts or omissions. Client does further agree to waive all rights which may otherwise arise from an injury to client or client’s property, and shall not bring any claims, demands, legal actions or causes of action against Heart & Mind Equine, those persons described above, or any person or entity, for any economic or non-economic losses due to bodily injury, death, or property damage arising out of the activities of Heart & Mind Equine or client’s presence on or proximity of property used by Heart & Mind Equine.
Indemnity
Client agrees to be responsible for any and all damages, injuries, or loss of life caused by client or a horse in the care, custody and control of client, and to indemnify Heart & Mind Equine and all parties described above, for any losses or expenses (including attorney Confidentiality Agreement and Equine Activity Liability Releases and Risk Acknowledgement fees) which they incur in connection with claims related to client. According to the North American Horseman’s Association, many obvious and not obvious inherent risks are always present in being around horses and in horse related activities, despite all safety precautions. No horse is completely a safe horse. Most horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a horse is frightened or provoked, it may act according to its natural instincts which may include, but are not limited to: Changing direction or speed at will, bucking, biting, rearing, kicking, stumbling, falling, or stepping on, all which may result in injury, harm or death to persons around them; the unpredictability of a horse’s reaction to such things as sounds, sudden movement, and unfamiliar objects, persons or other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others. The risk of death or personal injury exist for any person around a horse, whether mounted or on the ground. Client acknowledges these risks and states that she/he is not relying on Heart & Mind Equine to further inform of the risks.
Acknowledgment and Assumption of Risks
Client acknowledges that she/he bears responsibility for her/his own safety and client should not participate in any client activity unless she/he is confident that she/he can do so safely. Participation in equine activities with or conducted by Heart & Mind Equine constitutes a knowing and voluntary assumption for all risks associated with equine activities involving Heart & Mind Equine or being present on or using Heart & Mind Equine property (including but not limited to inherent risks and the risk of negligence by Heart & Mind Equine or others) which is a defense under California law to any claim for injury or damage, and a bar to recovery.
Visitors
If a client wishes to bring a family member to visit Heart & Mind Equine, prior arrangements must be made with staff. Should client bring to Heart & Mind Equine any person who is not a party to an Equine Activity Liability Agreement with Heart & Mind Equine, client agrees to educate them to the risks of being around horses and horse operations, supervise them, be solely responsible for their safety, and to be financially responsible for any injury or loss caused by or suffered by any such person. In addition, visitors must sign a basic liability release.
Safety Rules
Client agrees to follow such rules for safety as are included here, are subsequently provided to them, or are posted. Client acknowledges that failure to follow Heart & Mind Equine’s safety rules or the direction of Heart & Mind Equine staff may put her/him at risk of or increase the risk of personal injury.
Premises Inspection
Client has inspected or will inspect the equine facility premises and/or has in some other way satisfied herself/himself that the condition of the premises and the facilities will provide an adequate and reasonable level of safety for the client and any guests, family or visitors they bring on the premises.
Other Terms
This document states the entire agreement between the parties as to liability and may not be changed, except in writing signed by the parties. The benefits of this agreement, including the release of legal liability, waiver of rights, indemnity and covenant not to sue, are intended to benefit others, including Heart & Mind Equine officers, directors, shareholders, members, managers, agents, employees, representatives, assigns, affiliated organizations, insurers and all others acting on Heart & Mind Equine’s behalf and the owner(s) of any horse or other property used by Heart & Mind Equine. This agreement shall be binding upon Heart & Mind Equine, client and client’s heirs or estate, when signed by the parties. If any clause, phrase or work is in conflict with state law then that single part is null and void. This agreement and acknowledgments shall remain in force until terminated by client through written notice to Heart & Mind Equine at the address above.
Emergency Release
In the event emergency medical aid/treatment is required due to illness or injury while participating, I authorize Heart and Mind Equine/Equine Assisted Leadership to:
1. Secure and retain medical treatment and transportation if needed.
2. Release client records upon request to the authorized individual or agency involved in the medical emergency treatment. This authorization includes x-rays, surgery, hospitalization, medication, and any treatment deemed “lifesaving” by the physician. This provision will only be invoked if the parent/guardian or emergency contact person listed cannot be reached.
WARNING -Under the law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities.
I have read the above releases, and agree to participate in Alane Freund, LMFT, dba Heart and Mind Equine’s Equine programs. Further, I give Liability and Emergency Consent, as described above.
WARNING: YOU ASSUME THE RISK OF EQUINE ACTIVITIES PURSUANT TO CALIFORNIA LAW
PHOTOGRAPHY RELEASE On occasion members of your family may be photographed at Heart and Mind Equine/Equine Assisted Leadership. These photographs will be available for your enjoyment and may also be used for promotional purposes in fliers or on the internet. Humans will not be identified by name without their express permission. I give permission for my photograph or video to be used by Heart & Mind Equine for promotional purposes. If I choose to withdraw this permission, I will email my preferences to HeartMindEquine@gmail.com.

DICKSON RANCH
PO BOX 469, WOODACRE, CA 94973
PHONE 415-488-0454
RELEASE AND INDEMNIFICATION AGREEMENT
(Adults)

THIS CONSENT, RELEASE AND INDEMNIFICATION AGREEMENT (“Release”) is entered into by the undersigned in favor of Chalmer Tolson and Grace Tolson, doing business as, Dickson Ranch (the Ranch”), and each of their respective employees and agents (collectively, the “Released Parties,” and each a “Released Party”). In consideration of the my being permitted by Chalmer Tolson or Grace Tolson, or one or more of their employees or agents, to participate in the sport of horseback riding at the Ranch, and to use the facilities of the Ranch (whether or not such use is on a pay basis), I acknowledge and agree as follows”

1. HAZARDOUS ACTIVITY. I AM AWARE AND UNDERSTAND THAT THE HANDLING, CARE AND RIDING OF HORSES ARE INHERENTLY HAZARDOUS ACTIVITIES, AND I AM VOLUNTARILY PARTICIPATING IN SUCH ACTIVITIES, AND BEING IN THE VICINITY OF SUCH ACTIVITIES, WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED. I am aware and understand that horses are powerful, unpredictable and potentially uncontrollable animals. All horses, even those that are well trained and appear calm and docile, may and will buck, rear, kick, bite, run and bolt uncontrollably, without warning and without apparent cause or in response to external stimuli (such as wind, sound, or movement of people, other horses, other animals, motor vehicles, bicycles, machinery, doors or other inanimate objects) that may induce fear, panic, anger or reflex actions in the horse. I am aware and understand that serious, permanent bodily injury and disability or death or myself, or other within the vicinity of horses, may result from the handling, care or riding of horses, or being in the vicinity of horses, and that horses and other property belonging to be or others bay be as applicable, killed, injured or damaged.

I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY (INCLUDING PERMANENT BODILY INJURY AND DISABILITY), ILLNESS, DISEASE, OR DEATH TO MYSELF AND TO ALL OTHER PERSONS, AND ALL FINANCIAL LOSSES, INJURY, DAMAGES, DESTRUCTION AND LOSS OF MY PROPERTY AND OTHER PERSON’S PROPERTY, ARISING FROM THE HANDLING, CARE, OR RIDING OF HORSES AT THE RANCH BY ME OR OTHER PERSONS, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE. I FURTHER UNDERSTAND THAT IT IS MY RESPONSIBILITY TO BE INSTRUCTED IN THE PROPER METHODS OF HANDLING AND RIDING A HORSE AND THAT I SHOULD WEAR PROPER SAFETY EQUIPMENT AT ALL TIMES WHILE RIDING HORSES, INCLUDING, WITHOUT LIMITATION, A HELMET AND RIDING BOOTS.

2. ­CONDITIONS AT THE RANCH. I am aware and understand that in the ordinary course of business, motor vehicles (with or without horse trailers) and bicycles continuously enter and exit the Ranch property in close proximity to the areas, and in the same areas in which horses are kept, groomed, and ridden. Furthermore, tractors and other machinery are used on a daily basis in the operation, maintenance and repair of the Ranch, people are working, walking, running, riding, and handling horses, lunging and “turning out” horses, dogs bark, flags and other objects wave, and other activities, conditions and distractions occur at the Ranch, all on a daily basis, in close proximity to horses. Such items, activities, conditions and objects may cause horses to react in an unpredictable and dangerous manner without warning. I ACCEPT AND ASSUME ANY AND ALL RISK OF INJURY, DISABILITY, DEATH, DAMAGE AND LOSSES THAT MAY RESULT TO BE OR ANY OTHER PERSONS AND TO MY HORSE OR PROPERTY AND TO OTHER PERSONS’ HORSES OR PROPERTY, FROM ANY SUCH REACTION OF MY OR ANY OTHER HORSE.

I am aware and understand that riding rings at the Ranch are either uncovered or only partially enclosed, and that rain or run-off may enter the rings, causing the riding surface to become slippery, and that the slippery nature of the riding surface may not be apparent upon visual inspection. I am also aware and understand that the roads, hunt field, and other grounds and fields at the Ranch can at any time be wet, icy, slippery, rutted, eroded or rocky or contain holes. I HEREBY ACCEPT AND ASSUME ANY AND ALL RISK OF INJURY DISABILITY, DEATH, DAMAGE, AND LOSS TO MYSELF AND TO ANY OTHER PERSON AND TO MY HORSE OR PROPERTY AND OTHER PERSONS’ HORSE AND PROPERTY, WHETHER OR NOT SUCH HORSE OR PROPERTY ARE UNDER MY CONTROL, AS IS CAUSED BY OR RESULTING FROM THE CONDITION OF THE RIDING SURFACE OF THE RIDING RING, GROUNDS AND FIELDS AT THE RANCH AND RIDING, TRAINING, OR EXERCISING HORSES IN SUCH RINGS, GROUNDS OR FIELDS, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE.

3. RIDING LESSONS. If I participate in riding lessons at the Ranch, I agree that I and not the instructor or any other person, am responsible for maintaining control of the horse I ride.

4. EMERGENCY VETERINARY CARE. If my horse or another horse in my possession or under my control becomes sick or injured, it may be necessary (or reasonably appear necessary) for immediate veterinary first aid or care to be administered, and it may be necessary to transport such horse to a veterinary clinic or other facility at which veterinary care may be administered. I agree that Chalmer Tolson or Grace Tolson or their employees may administer or arrange for first aid to my horse and any other horse in my possession or under my control and may transport such horse to a veterinarian or veterinary care facility. I further agree that if any of the Released Parties reasonably believes that my horse or any other horse in my possession or under my control requires emergency veterinary care, and if they are unable to contact me in such emergency situation, they may, at my own expense and risk, call a veterinarian of their choice to administer veterinary care to such horse. Any such care or transportation shall be at my own expense and risk, and I agree to compensate Chalmer Tolson or Grace Tolson at prevailing and customary rates for such care and transportation. I understand and agree that nothing in this Release creates any duty on the party of Chalmer Tolson or Grace Tolson, or any of their employees to administer any type of aid to, arranging for transportation for, or obtain veterinary care for my horse or any other horse in my possession or control.

5. PERSONAL PROPERTY. I agree that if I bring any personal property to the Ranch, and if I store or leave any personal property at the Ranch (including property left in any tack room), I will do so at my own risk, and none of the Released Parties shall have any liability in the event of any such property.

6. AGREEMENT TO NOT SUE. I HEREBY AGREE THAT I, MY HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, AND ASSIGNS WILL NOT MAKE A CLAIM AGAINST, SUE, DEMAND COMPENSATION OR INDEMNITY FROM, OR ATTACH ANY OF THE PROPERTY OR ASSETS OF, THE RELEASED PARTIES, and each of them for any loss or damage arising or resulting from any bodily injury, disability, illness, disease, death, financial loss, property loss, damage, or destruction or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by me or any other person as a direct or indirect consequence of my participation, or the participation of any other person, in the handling, care, or riding of horses, or the use of the facilities of the Ranch, or the transportation of my horse, or any other horse, for veterinary care, or the administration of any aid or veterinary care to any such horses, or failure to arrange for any such transportation, aid, or care, whether caused by negligence of any of the Released Parties or otherwise.

7. RELEASE. On behalf of myself, my heirs, distributees, guardians, legal representatives, and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, AND EACH OF THEM FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION, AND LIABILITIES, EITHER IN LAW OR IN EQUITY, based on any bodily injury, disability, illness, disease, death, financial loss, property loss, damage or destruction, or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by me or by any other person as a direct or indirect consequence of my participation in the handling, care or riding of horses, or the use of the facilities of the Ranch or the transportation of my horse, or any other horse, for veterinary care, or the administration of any aid or veterinary care to any such horses, or failure to arrange for any such transportation, aid, or care, whether caused by the negligence of any of the Released Parties or otherwise; provided, that nothing in this Section 5 shall be deemed to release any Released Party from liability arising from (a) their own willful injury of me or any other person or any property, (b) their own fraud or (c) their own violation of any law.

8. INDEMNIFICATION. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses (including, but not limited to, attorneys fees) arising from or in connection with the injury, illness, or death of myself or any person whom I bring or invite to the Ranch, or otherwise permit to be in the vicinity of any horse in my possession or under my control, or the damage, destruction or loss of any of my or their property.

9. SPONSOR AND INVITEES. I AGREE THAT I WILL NOT PERMIT ANY PERSON (OTHER THAN CHALMER TOLSON, GRACE TOLSON AND THEIR EMPLOYEES) TO RIDE MY HORSE AT THE RANCH, UNLESS SUCH PERSON HAS DULY SIGNED AND DELIVERED APPLICABLE FORM REQUIRED BY RANCH RULES. I agree that the damages to the Released Parties that may arise from the breach of my agreement under this paragraph 9 include (a) the liabilities that would have been released under this Release, and (b) the costs and expenses of defending the claims, suits, and demands that such person would have agreed not to make or institute under this Release; and I agree to indemnify, defend, and hold harmless each of the Released Parties from and against all such liabilities, costs and expenses.

10. REPRESENTATIONS AND WARRANTIES. I REPRESENT AND WARRANT THAT (a) I HAVE READ AND RELEASE CAREFULLY AND I FULLY UNDERSTAND ALL OF ITS TERMS AND PROVISIONS; (b) I AM 18 YEARS OF AGE OR OLDER AND AM LEGALLY COMPETENT TO ENTER INTO THIS RELEASE; (c) NO PROMISE, INDUCEMENT, OR AGREEMENT HAS BEEN OFFERED OR MADE TO ME IN CONNECTION WITH MY EXECUTION AND DELIVERY OF THIS RELEASE, AND (d) I HAVE KNOWINGLY AND VOLUNTARILY EXECUTED AND DELIVERED THIS RELEASE AT MY OWN RISK AND INITIATIVE AND MY OWN FREE WILL, WITHOUT RELYING ON ANY STATEMENT OR REPRESENTATION OF ANY RELEASED PARTY.

I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE IS A RELEASE OF LEGAL LIABILITY. IN THE EVENT OF ANY LITIGATION, THIS RELEASE MAY BE RAISED AS A DEFENSE AND BAR TO, AND AS A WAIVER AND RELEASE OF, LEGAL RIGHTS THAT MIGHT OTHERWISE BE ASSERTED BY ME OR BY MY RESPECTIVE HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, AND ASSIGNS.

11. SEVERABILITY. If one or more provisions of this Release are held to be unenforceable under applicable law, each such unenforceable provision shall be excluded from this Release and the balance of this Release shall be interpreted as if each such unenforceable provision were, excluded, and the balance of this Release as so interpreted shall be enforceable in accordance with its terms.

12. CERTAIN LIMITATIONS OF RELEASE. The provisions of this Release shall not be enforceable by any persons or entities other than the Released Parties. This Release shall not apply to any injury, illness, death, or disability of my horse caused by the failure of the Ranch to provide regular food, water or other items to my horse to the extent any of the Released Parties are contractually required, by specific written contract, to provide such items.


DICKSON RANCH
PO BOX 469, WOODACRE, CA 94973
PHONE 415-488-0454
RELEASE AND INDEMNIFICATION AGREEMENT
MINORS

THIS CONSENT, RELEASE AND INDEMNIFICATION AGREEMENT (“Release”) is entered into by the undersigned in favor of Chalmer Tolson and Grace Tolson, doing business as, Dickson Ranch (the Ranch”), and each of their respective employees and agents (collectively, the “Released Parties,” and each a “Released Party”). In consideration of the my being permitted by Chalmer Tolson or Grace Tolson, or one or more of their employees or agents, to participate in the sport of horseback riding at the Ranch, and to use the facilities of the Ranch (whether or not such use is on a pay basis), I acknowledge and agree as follows”

1. HAZARDOUS ACTIVITY. I AM AWARE AND UNDERSTAND THAT THE HANDLING, CARE AND RIDING OF HORSES ARE INHERENTLY HAZARDOUS ACTIVITIES, AND I AM VOLUNTARILY PARTICIPATING IN SUCH ACTIVITIES, AND BEING IN THE VICINITY OF SUCH ACTIVITIES, WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED. I am aware and understand that horses are powerful, unpredictable and potentially uncontrollable animals. All horses, even those that are well trained and appear calm and docile, may and will buck, rear, kick, bite, run and bolt uncontrollably, without warning and without apparent cause or in response to external stimuli (such as wind, sound, or movement of people, other horses, other animals, motor vehicles, bicycles, machinery, doors or other inanimate objects) that may induce fear, panic, anger or reflex actions in the horse. I am aware and understand that serious, permanent bodily injury and disability or death or myself, or other within the vicinity of horses, may result from the handling, care or riding of horses, or being in the vicinity of horses, and that horses and other property belonging to be or others bay be as applicable, killed, injured or damaged.

I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY (INCLUDING PERMANENT BODILY INJURY AND DISABILITY), ILLNESS, DISEASE, OR DEATH TO MYSELF AND TO ALL OTHER PERSONS, AND ALL FINANCIAL LOSSES, INJURY, DAMAGES, DESTRUCTION AND LOSS OF MY PROPERTY AND OTHER PERSON’S PROPERTY, ARISING FROM THE HANDLING, CARE, OR RIDING OF HORSES AT THE RANCH BY ME OR OTHER PERSONS, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE. I FURTHER UNDERSTAND THAT IT IS MY RESPONSIBILITY TO BE INSTRUCTED IN THE PROPER METHODS OF HANDLING AND RIDING A HORSE AND THAT I SHOULD WEAR PROPER SAFETY EQUIPMENT AT ALL TIMES WHILE RIDING HORSES, INCLUDING, WITHOUT LIMITATION, A HELMET AND RIDING BOOTS.

2. ­CONDITIONS AT THE RANCH. The Minor and I are aware and understand that in the ordinary course of business, motor vehicles (with or without horse trailers) and bicycles continuously enter and exit the Ranch property in close proximity to the areas, and in the same areas in which horses are kept, groomed, and ridden. Furthermore, tractors and other machinery are used on a daily basis in the operation, maintenance and repair of the Ranch, people are working, walking, running, riding, and handling horses, lunging and “turning out” horses, dogs bark, flags and other objects wave, and other activities, conditions and distractions occur at the Ranch, all on a daily basis, in close proximity to horses. Such items, activities, conditions and objects may cause horses to react in an unpredictable and dangerous manner without warning. I ASCENT AND ASSUME ANY AND ALL RISK OF INJURY, DISABILITY, DEATH, DAMAGE AND LOSS THAT MAY RESULT TO THE MINOR AND TO OTHER PERSONS, AND TO THE MINOR’S OR OTHER PERSONS’ HORSES OR PROPERTY, FROM ANY SUCH REACTION OF THE MINOR’S OR ANY OTHER HORSE WHETHER OR NOT SUCH HORSES ARE UNDER THE CONTROL OF THE MINOR OR ME.

The Minor and I are aware and understand that riding rings at the Ranch are either uncovered or only partially enclosed, and that rain or run-off may enter the rings, causing the riding surface to become slippery, and that the slippery nature of the riding surface may not be apparent upon visual inspection. I am also aware and understand that the roads, hunt field, and other grounds and fields at the Ranch be at any time be wet, icy, slippery, rutted, eroded or rocky or contain holes. I HEREBY ACCEPT AND ASSUME ANY AND ALL RISK OF INJURY DISABILITY, DEATH, DAMAGE, AND LOSS TO THE MINOR AND TO ANY OTHER PERSON AND TO MY HORSE OR PROPERTY AND OTHER PERSONS’ HORSE AND PROPERTY, WHETHER OR NOT SUCH HORSE OR PROPERTY ARE UNDER THE MINOR’S CONTROL, AS IS CAUSED BY OR RESULTING FROM THE CONDITION OF THE RIDING SURFACE OF THE RIDING RING, GROUNDS AND FIELDS AT THE RANCH AND RIDING, TRAINING, OR EXERCISING HORSES IN SUCH RINGS, GROUNDS OR FIELDS, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE.

3. RIDING LESSONS. If I permit the Minor to participate in riding lessons at the Ranch, I agree and understand that the Minor and not the instructor or any other person, am responsible for maintaining control of the horse the Minor rides.

4. PERSONAL PROPERTY. I agree that if the Minor brings any personal property to the Ranch, and if the Minor stores or leaves any personal property at the Ranch (including property left in any tack room), the Minor will do so at the Minor’s and my own risk, and none of the Released Parties shall have any liability in the event of any such property.

5. AGREEMENT TO NOT SUE. I HEREBY AGREE THAT NEITHER I NOR THE MINOR OR MINOR’S HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, AND ASSIGNS WILL NOT MAKE A CLAIM AGAINST, SUE, DEMAND COMPENSATION OR INDEMNITY FROM, OR ATTACH ANY OF THE PROPERTY OR ASSETS OF, THE RELEASED PARTIES, and each of them for any loss or damage arising or resulting from any bodily injury, disability, illness, disease, death, financial loss, property loss, damage, or destruction or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by the Minor or any other person as a direct or indirect consequence of the Minor’s participation, or the participation of any other person, in the handling, care, or riding of horses, or the use of the facilities of the Ranch, or the transportation of my horse, or any other horse, for veterinary care, or the administration of any aid or veterinary care to any such horses, or failure to arrange for any such transportation, aid, or care, whether caused by negligence of any of the Released Parties or otherwise.

6. RELEASE. On behalf of the Minor, myself, and the Minor’s heirs, distributees, guardians, legal representatives, and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, AND EACH OF THEM FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION, AND LIABILITIES, EITHER IN LAW OR IN EQUITY, based on any bodily injury, disability, illness, disease, death, financial loss, property loss, damage or destruction, or other harm of whatever nature, whether foreseen or unforeseen, that may be sustained or suffered by the Minor or by any other person as a direct or indirect consequence of the Minor’s participation in the handling, care or riding of horses, or the use of the facilities of the Ranch, whether caused by the negligence of any of the Released Parties or otherwise.

7. INDEMNIFICATION. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses (including, but not limited to, attorneys fees) arising from or in connection with the injury, illness, or death of the Minor or any person whom the Minor or I bring or invite to the Ranch, or otherwise permit to be in the vicinity of any horse or the damage, destruction, or loss of any of the Minor’s, my or their horse or other property.

8. SPONSOR AND INVITEES. I AGREE THAT NEITHER THE MINOR OR I WILL PERMIT ANY PERSON (OTHER THAN CHALMER TOLSON, GRACE TOLSON AND THEIR EMPLOYEES) TO RIDE MY HORSE AT THE RANCH, UNLESS SUCH PERSON HAS DULY SIGNED AND DELIVERED APPLICABLE FORM REQUIRED BY RANCH RULES. I agree that the damages to the Released Parties that may arise from the breach of my agreement under this paragraph 9 include (a) the liabilities that would have been released under this Release, and (b) the costs and expenses of defending the claims, suits, and demands that such person would have agreed not to make or institute under this Release; and I agree to indemnify, defend, and hold harmless each of the Released Parties from and against all such liabilities, costs and expenses.

9. REPRESENTATIONS AND WARRANTIES. I REPRESENT AND WARRANT THAT (a) I HAVE READ AND RELEASE CAREFULLY AND I FULLY UNDERSTAND ALL OF ITS TERMS AND PROVISIONS; (b) I AM 18 YEARS OF AGE OR OLDER AND AM LEGALLY COMPETENT TO ENTER INTO THIS RELEASE; (c) NO PROMISE, INDUCEMENT, OR ARGREEMENT HAS BEEN OFFERED OR MADE TO ME IN CONNECTION WITH MY EXECUTION AND DELIVERY OF THIS RELEASE, AND (d) I HAVE KNOWINGLY AND VOLUNTARILY EXECUTED AND DELIVERED THIS RELEASE AT MY OWN RISK AND INITIATIVE AND MY OWN FREE WILL, WITHOUT RELYING ON ANY STATEMENT OR REPRESENTATION OF ANY RELEASED PARTY, AND WITH SUCH KNOWLEDGE HAVE VOLUNTARILY CONSENTED TO THE MINOR BEING PRESENT ON THE RANC AND TO PARTICIPATE IN BEING NEAR HORSES AND TO RIDING HORSES ON THE RANCH; AND (e) I HAVE THOROUGHLY EXPLAINED AND DISCUSSED THIS RELEASE WITH THE MINOR AND THE MINOR UNDERSTANDS AND APPRECIATES THE SIGNIFICANCE OF EACH AND EVERY SECTION OF THIS RELEASE, PROVIDED THAT TO THE EXTENT THAT THE MINOR IS TOO YOUNG TO UNDERSTAND AND APPRECIATE AND PORTION OF THIS RELEASE, I ACKNOWLEDGE AND AGREE THAT I WILL MAKE SUCH ARRANGEMENTS AS ARE NECESSARY TO ADEQUATELY SUPERVISE THE MINOR (AND UNDERSTAND THAT SUCH SUPERVISION IS NOT THE RESPONSIBILITY OF THE RELEASED PARTIES) AND I WILL NOT PERMIT THE MINOR TO ACT IN ANY MANNER INCONSISTENT WITH MY AND THE MINOR’S RESPONSIBILITIES UNDER THIS AGREEMENT.

I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE IS A RELEASE OF LEGAL LIABILITY. IN THE EVENT OF ANY LITIGATION, THIS RELEASE MAY BE RAISED AS A DEFENSE AND BAR TO, AND AS A WAIVER AND RELEASE OF, LEGAL RIGHTS THAT MIGHT OTHERWISE BE ASSERTED BY THE MINOR, ME OR BY THE MINOR’S RESPECTIVE HEIRS, DISTRIBUTEES, GUARDIANS, LEGAL REPRESENTATIVES, AND ASSIGNS.

10. SEVERABILITY. If one or more provisions of this Release are held to be unenforceable under applicable law, each such unenforceable provision shall be excluded from this Release and the balance of this Release shall be interpreted as if each such unenforceable provision were, excluded, and the balance of this Release as so interpreted shall be enforceable in accordance with its terms.

11. CERTAIN LIMITATIONS OF RELEASE. The provisions of this Release shall not be enforceable by any persons or entities other than the Released Parties. This Release shall not apply to any injury, illness, death, or disability of THE Minor’s or my horse caused by the failure of the Ranch to provide regular food, water or other items to the Minor’s or my horse to the extent any of the Released Parties are contractually required, by specific written contract, to provide such items.

Please send me information about future Heart & Mind Equine events.