WAIVER OF LIABILITY AND RELEASE 

Waiver of Liability: In consideration of the services provided by AJA Equestrian the undersigned individually and on behalf of myself,my family members, my heirs, beneficiaries, personal representatives, and assigns,(hereinafter referredto as “I”,“Me” or “We”) do hereby agree to RELEASE, WAIVE, and DISCHARGE, AJA Equestrian and its owners, principals, members, managers, employees, volunteers, insurers or agents, (hereinafter collectively referred to as AJA) from any and all liabilities, obligations, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while engaged in any activity operatedby,managedby,or associatedAJA or while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE ORDINARY NEGLIGENCE OF AJA and, except in the event of AJA’s gross and willful negligence or act, I agree not to bring any claims, demands, actions or causes of action, and/or litigation, against AJA for any economic or noneconomic losses due to bodily injury, death, and/or property damage sustained by me in relation to the services, premises or operations of AJA. 

Assumption of Inherent Risks: I am fully aware and understand there are inherent risks involved in equine activities, which risks include, but are not limited to, bodily injury, physical harm and even death to participants and spectators which may occur in normal participation of such activities. I acknowledge that the operation of equipment, the behavior of any animal, and customary equine activities conducted or occurring at any facility at which AJA provides services or operates is dependent upon the skills and abilities of the operator or participant. Further, I understand that “inherent risks of equine activities” shall mean those dangers or conditions which are an integral part of such activities. I KNOWINGLY AND AFFIRMATIVELY ASSUME ALL RISKS INHERENT IN SUCH ACTIVITIES AND WHICH MAY ARISE AS A RESULT OF MY PRESENCE AT ANY OPERATION, EVENT, OF FACILITY ASSOCIATED WITH AJA. 

Indemnification: I also AGREE TO INDEMNIFY AND HOLD HARMLESS AJA from any loss, liability, damage, or costs, including court costs and reasonable attorneys' fees that AJA may incur due, in whole or in part, to my participation in said activities, whether caused by AJA’s ordinary negligence or otherwise, to the fullest extent allowed by law. 

Acknowledgements, Assertions, and Agreements: I state and affirm that I am fully aware of the kind and nature of the services, activities, operations and events provided by or operated by AJA. I further state and affirm the following: 

Health Status – I assert that: 

a. I do not have any undisclosed physical or mental conditions that wouldprevent me from participating in equine activities; and 

b. I possess sufficient physical fitness and skill to enable safe participation is such activities. 

Emergency Care – I authorize or agree: 

a. To the administration of emergency first aid, CPR, and use of an AED as may be deemed necessary;

b. For AJA to secure emergency medical care or transportation (i.e., EMS) as may be deemed necessary; and 

c. To assume all costs of emergency medical care and transportation for myself and/or minor child(ren). 

Rules & Safety Equipment – 

a. I agree to abide by the rules and regulations established from time to time by AJA; and 

b. I acknowledge that AJA is conducting all activities in good faith and may find it necessary to terminate my participation if it is determined that I am incapable of safely meeting the rigors of the activity. I accept AJA’s right to take such actions for the safety of myself, other participants, and/or the animals on the premises. 

Covenant not to Sue; Mediation; Venue; and Severability Clauses: I covenant not to sue AJA for any present or future claim arising directly or indirectly from my participation in any service, operation, or activity provided by or associated with AJA. This includes claims resulting from the inherent risks of equine activities and the active or passive negligence of AJA. 

This Agreement shall be construed and interpreted in accordance with the laws of the State of Nevada.Any action brought under this Agreement shall be brought within one (1) year of the incident or dispute giving rise to said claim in a court of competent jurisdiction in the County of Washoe in the State of Nevada. I further agree that prior to litigation, such incident or dispute shall first be mediated by a trained Mediator knowledgeable in agricultural or equine activities from a list acceptable to AJA. Costs of mediation shall be shared equally by the parties. In the event of litigation, the prevailing party shall be entitled to costs and fees associated with the litigation, including reasonable attorney fees and reimbursement of any mediation fees. 

I also expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Nevada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. 

BY SIGNING THIS PARTICIPATION AGREEMENT, I ACKNOWLEDGE AND REPRESENT  THAT I fully understand its terms and conditions. I understand that I am giving up substantial rights, including my right to sue AJA for injuries sustained as a result of my participation in any activity associated with AJA or resulting from my presence on any premises at which AJA provides services or conducts events. I further acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability, including that due to ordinary negligence by AJA,to the greatest extent allowed by the laws of NEVADA.

If the participant is a minor (less than 18 years of age), this form must be signed by a parentor legal guardian of the minor. By signing below, I authorizethe minor identified above to accept and participateinservicesprovided by AJA. I have read and understand the foregoing agreement and I knowingly and affirmatively waive both the rights of the minor participant and my own rights.