RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT

PERSONAL RESPONSIBILITY:
 

1. The Participant (or their parent(s) or legal guardian(s)) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.

2. Participant (or their parent(s) or legal guardian(s)) understand that participation in the Activities is voluntary and further understand they have the opportunity to inspect the Host’s equipment and facilities before any participation.

3. Participant (or their parent(s) or legal guardian(s)) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.

4. If, while participating in the Activities, the Participant (or their parent(s) or legal guardian(s)) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant  their parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.

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IN CONSIDERATION OF being allowed to use the facilities and participate in events and activities at 328 Woodards Ford Road (collectively the “Activities”) provided by The Hitching Post Educational Center, Patricia Howell, and/or Andrew Howell (the “Hosts”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that they have or may have against the Hosts, jointly or individually, arising out of the Participant’s participation in the Activities;

2) TO ASSUME ALL RISKS of participating in the Activities, even those caused by the negligent acts or conduct of the Hosts, their operators, employees, agents, volunteers, and/or officers (collectively, "the Hosts and their affiliates"). The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities, which may be both foreseen and unforeseen and include serious physical injury and death;

3) TO RELEASE the Hosts and their affiliates from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Hosts and their affiliates. However, nothing in this Agreement shall be construed as a release for intentional conduct;

4) TO INDEMNIFY the Hosts and their affiliates from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities.

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