Bend Polo Club and Camp Fraley Ranch Releases and Waivers of Liability

PARTICIPANT'S RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT FOR BEND POLO CLUB:

All visitors, guests, and members who intend to enter the property, ride horses or play or practice polo with or at the Bend Polo Club must sign the following release of liability.

BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS.

This is an agreement between the Undersigned (or minor in my charge) and Bend Polo Club, LLC, including any of its related entities, owners, members, officers, agents, employees, contractors, affiliates, licensees, franchisees and any other polo clubs it associates with and including Henri Du Toit personally (collectively referred to as the “Club”).

I, (hereinafter the "Undersigned") on behalf of myself, my personal representatives, heirs, next- of-kin, spouse and assigns HEREBY:

1.     Acknowledge that horseback riding and being in the presence of horses is a dangerous activity and involves RISKS that may cause SERIOUS INJURY AND IN SOME CASES DEATH, due to, among other things, the unpredictable nature and irrational behavior of horses, regardless of their training and past performance.

2.     Knowing these facts and in consideration of your acceptance of this form, I voluntarily assume the risk and danger of injury or death inherent in horseback riding activities or being in the presence of horses. I hereby RELEASE, DISCHARGE AND PROMISE NOT TO SUE the Club, doing business under its own name or any other name and/or any of its owners, officers, employees, agents, sponsors and sanctioning organizations, facility owner Brad Fraley and Camp Fraley Ranch, Inc. (collectively the “Released Parties”) for any loss, liability, damage, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.

3.     Release the Club and the Released Parties from any claim that the Club is or may be negligent in connection with my riding experience or ability including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction on riding skills or supervising riding activities

4.     INDEMNIFY, AND SAVE AND HOLD HARMLESS the Club and the Released Parties from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with any event or instruction, my use of a horse and any equipment or gear provided therewith or any acts or omissions of the Club, its employees or agents or the Released Parties.

5.     Agree to abide by and follow any instructions given or rules established by the Club or any of its employees, agents or volunteers with regard to my participation in any event, use of a horse or any equipment or gear provided therewith.

6.     The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the State of Oregon and is intended to be as broad and inclusive as is permitted by Oregon law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in an way and shall continue in full legal force and effect.

7.     Acknowledge that this document is a contract and agree that if a lawsuit is filed against the Club, or its owners, agents, employees, judges or managers or any of the Released Parties for any injury or damage in breach of this contract, the Undersigned will pay all attorney's fees and costs incurred by the Club in defending such an action.

8.     I hereby release the Club to use any photographs and/or other media that may be taken of me Club website and/or other promotional materials.

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PARTICIPANT'S RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT FOR CAMP FRALEY RANCH, INC.:

In consideration for the use of Camp Fraley Ranch, Inc. facility, for the training, polo field, boarding and riding of horse(s) owned, leased, or under undersigned’s control, including school horses ridden in lessons, the undersigned herby releases and foreve discharges Camp Fraley Ranch Inc. and it’s agents or employees of all whom are hereinafter individually and collectively referred to as “Camp Fraley Ranch, Inc.” and all other persons who might be claimed to be liable, of and from any and all claims, demands, actions, causes of actions, suits or causes of suits, whether in the nature of personal injury or property damage to the undersigned or to any minor child or legal ward of the undersigned, and of whatsoever kind or nature including any matter or occurrence directly or indirectly arising out of the boarding, training, riding, or participation in any training or instructions or other horse-related activities carried on at Camp Fraley Ranch, Inc. or elsewhere, from any cause whatsoever.

The undersigned hereby acknowledges that he/she understands and assumes the special risks inherent in boarding, conditioning, training, showing, breeding, transporting, and riding horses and the costs and expenses of any injury or damage which may occur as a result of such horse-related activities conducted upon Camp Fraley Ranch, Inc.’s premises, or elsewhere, from any cause whatsoever.

The undersigned hereby declares that he/she has read this Release and the farm rules and that they are fully understood, voluntarily accepted, and that Camp Fraley Ranch, Inc. shall not be liable for any personal injury, disability, or property damage which the undersigned, his/her child or legal ward may receive or incur, under any legal theory and whether disputed or otherwise. The undersigned hereby further agrees to hold Camp Fraley Ranch, Inc. harmless and indemnify them from any payment for medical expenses incurred in treatment of the undersigned or of his/her minor child or legal ward for injuries incurred while upon Camp Fraley Ranch, Inc. premises, or elsewhere, in any capacity.