READ CAREFULLY BEFORE SIGNING

I agree to the following Waiver, Release of Liability and Indemnity Agreement (“Agreement”) with Rosebud Ranch, L.L.C., an Indiana limited liability company (“Stable”), as a condition for its allowing me, and the person identified below, to enter the Stable’s premises and surround land (“Stable Property”), ride horse on trails, participate in an equine-related event, be on the Stable Property, be near equines, handle equines, ride equines, receive instruction or guidance in riding or handling of equines (from independent instructors, trainers, or clinicians, with Stable’s advance permission), and/or view or participating in any other equine-related activity at any time and at any location, whether on, near, off of the Stable Property. The word “equines” mean horses, ponies, mules, and/or donkeys. All of these activities on or off of the Stable Property will hereafter be referred to as the “Activities.”

All parts of this agreement shall apply to me, my spouse, and/or the children/legal ward listed below (collectively referred to as “I,” “me,” or “my” throughout this Agreement”). This document shall be valid and binding, now and in the future, when stable permits me (directly or indirectly) to engage in any or all of the Activities.

Inherent Risks. I understand that anyone riding or near an equine can suffer bodily and other injuries. Among other things, equines are unpredictable by nature. For example, when frightened, angry or under stress, an equine’s natural instincts are to jump forward or sideways, spin around, back up quickly, or run away from danger by trotting or galloping. Equines are also known to kick, buck, rear up, strike, or bite. I know that all equines, even if they have no history of exhibiting such conduct, can do any of these things without warning. I also understand that all equines even if they no history of inflicting injury, are powerful and have the potential to be dangerous to those who are on, near, or around them.

Further, I understand that there are many inherent risks associate with riding or being near equines, which include, but are not limited to, the following:

the propensity of an equine to behave in ways that that may result in injury, death, or loss to person on or around it;

the unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other equines or animals;

hazards, including, but not limited to, surface or subsurface conditions;

a collision with another equine, another animal, a person, or an object; and

the potential of equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the participant, including but not limited to, failing to maintain control over an equine or failing to act within participant’s ability.

I understand these risks and dangers inherent in equine activities and I agree to assume each one of them and to hold Stable harmless from any and all consequences of them. I also understand that these are just some of the risks, and I agree to assume others that are not mentioned above. I am not relying on Stable to list all possible equine related risks for me in this document or any time in the future.

Waiver and Release of Liability. In consideration of Stable allowing me to use the Stable Property under the terms of this Agreement, and in consideration of Stable allowing, I to enter the Stable for this purpose, I agree to assume full responsibility for any and all bodily injuries, losses, or damages which I may sustain when engaging in the Activities. I, for my heir, administrators, personal representatives, assigns, or family members, agree to release, discharge, hold harmless, agree not to sue, now and in the future, Stable, Arthur G. Joseph, Christina K. Joseph, and their respective employees, independent contractors, agents, representatives, heirs, assigns, family members, and all others acting on their behalf (whether known or unknown) (“Released Parties) from any and all claims, demands, actions, or causes of action (whether occur now or in the future, and whether they are known or unknown), resulting from either the ordinary negligence of Stable, the Released Parties, or other associated with the Stable to the fullest allow under the law including, but not limited to those circumstances described in subparagraphs a., b., c.

Injuries and Damages to Me. I hereby agree to hold harmless and release Stable and the Released Parties from liability for any and all bodily injuries or damages (as that term is defined below) that I may sustain, now and in the future, in conjunction with Activities on, near, or off of the property of the Stable, regardless of whether or not I am riding or near horses.

Injuries to My Horse(s). I further agree to hold harmless and release Stable and the Released Parties from liability for any and all injuries, damages, or losses that my horse(s) may sustain at any time arising out of the terms of this Agreement that may occur from any cause, including but not limited to, fire, theft, flight, accidents, illnesses, or injuries.

Damage to My Personal Property. I also agree that Stable will not be liable for any loss of, damage to, or theft of my equipment or personal belongings that may be brought or kept on the premises of Stable.

Non-Applicability of Waiver. I will not hold harmless and release any of my rights in the event Stable has exercised gross negligence, reckless misconduct, or willful and wanton misconduct in connection with my injury or damage.

For purposes of this Agreement, the term “damages” includes but is not limited to, medical expenses, expenses or losses incurred because of bodily injury or property damage, and/or personal property damages.

Indemnification. I agree to indemnify and hold harmless Stable and the Released Parties against all damages that I, my horse(s), clients, clients’ horse(s), guests, or representatives may caure (directly or indirectly) that are sustained or suffered by Stable or any Third Party (as that term is defined below) including, but not limited to, any claims, damages, or injuries whatsoever. I further agree and acknowledge that this indemnification shall also include reimbursement of Stable’s reasonable attorneys’ fees.

For purposes of this Agreement, the term “Third Party” includes, but is not limited to, other visitors at Stable, guests of Stable, my guests, clients, relatives, and other Stable clients.

ASTM/SEI Headgear. I agree to be fully responsible for my own safety at all times while on or off of the Stable Property. Stable has advised me that for my own protection, I should purchase and wear properly fitted and secured ASTM-standard/SEI-certified protective equestrian headgear for use when riding, handling, or when near equines. I am NOT relying om Stable to [provide a certified helmet for me, to check any helmet or helmet strap that I wear, or to monitor my compliance with this suggestion at any time – now or in the future.

Independent Riding Instructors, Trainers, and/or Clinicians. I am aware that independent instructors, trainers, and/or clinicians may occasionally do business on the Stable Property (with Stable’s advance approval), but I under that these instructors, trainers, and/or clinicians operate wholly independent businesses and they do not have an employment, partnership, joint venture, principal-agent, or similar arrangement with Stable.

Emergencies. Person(s) to Contact in Case of Emergency:

Name: _________________________________________________________________________

Phone Number(s): _______________________________________________________________

Relationship: ___________________________________________________________________

Consideration/Binding Effect. This Waiver, Release of Liability, and Indemnity Agreement is intended to be valid and binding at all times, now and in the future, when I engage in any or all Activities, regardless of location, with Stable’s direct or indirect permission.

Waivers; Amendments. No waiver of any breach or default hereunder will be valid unless in a writing signed by the waiving party. No failure or other delay by any party exercising any right hereunder will be or operate as a waiver thereof, nor will single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. No amendment of this Agreement will be valid unless in writing signed by both Stable and Equine Professional.

Entire Agreement. This Agreement and its exhibits contain the entire understanding and agreement between Stable and Equine Professional regarding the matter addressed herein and supersedes any prior or contemporaneous negotiations, understanding, or agreements between Stable and Equine Professional regarding such matters.

Governing Law; Waiver of Jury Trial. This Agreement is governed by, and to be interpreted and construed in accordance with, the internal laws of the State of Indiana (where Stable is located), without reference to principles of conflicts or choice of law. EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Jurisdiction and Venue. Equine Professional agrees to submit to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Indiana, the Circuit, or Superior Courts of White County, Indiana, or any one of the counties contiguous to White County, Indiana, as elected by Stable in its sole discretion. Equine Professional hereby expressly waives any right assert any defense of lack of subject matter jurisdiction, improper venue, or preferred venue in any action commenced by Stable in such courts. Equine Professional agrees that Stable shall have the exclusive right, in its sole discretion, to submit any dispute arising under this Agreement to binding arbitration under the rules of the American Arbitration Association.

Litigation Costs. Should I life a lawsuit in breach of this Waiver, Release of Liability, and Indemnity Agreement, I agree to pay the attorneys’ fees and costs reasonably incurred by the Stable in connection with such litigation.

Required Warning Language Under Indiana Law. WARNING. Under Indiana Law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities from the inherent risks of equine activities.

Additional Representations.

I AM OR OVER 18 YEARS OF AGE. I AM OF SOUND MIND, AND NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS. I HAVE READ THIS ENTIRE, WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT, AND I FULLY UNDERSTAND IT. I INTEND FOR THIS WAIVER, RELEASE OF LIABILITY, AND INDEMNITY TO BE VAILD AND BINDING TODAY AND AT ALL TIMES IN THE FUTURE. THE INFORMATION I HAVE PROVIDED IN THIS WAIVER, AGREEMENT, AND LIABILITY RELEASE IS TRUE AND ACCOUNT.

I would also make this agreement on behalf of the following, who is/are my child/ren or legal ward(s):

______________________________________ Age: __________________________________

Child’s Date of Birth: _____________________________________________________

______________________________________ Age: __________________________________

Child’s Date of Birth: _____________________________________________________

NAME OF CONTRACTING PARTY:

SIGNATURE OF CONTRACTING PARTY:

_____________________________________________________ Date: ___________________________

NAME OF OTHER CONTRACTING PARTY (SPOUSE/OTHER PARENT):

SIGNATURE OF OTHER CONTRACTING PARTY (SPOUSE/OTHER PARENT):

_____________________________________________________ Date: ___________________________

ADDRESSES OF CONTRACTING PARTIES:

SIGNATURE OF STABLE REPRESENTATIVE

_____________________________________________________ Date: ___________________________

PRINTED NAME: