Liability Waiver

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

PARTICIPANT RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

BEND POLO CLUB, LLC

All visitors, guests, and participants who enter the property or participate in any activities at Bend Polo Club must sign this Release of Liability.

WARNING: Under Oregon law, an equine activity sponsor or professional is not liable for injury or death of a participant in equine activities resulting from the inherent risks of equine activities.

BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FOR INJURY, DEATH, OR PROPERTY DAMAGE, INCLUDING CLAIMS ARISING FROM NEGLIGENCE. PLEASE READ CAREFULLY BEFORE SIGNING.

This Agreement is entered into between the undersigned participant (or parent/legal guardian of a minor participant) (the “Participant”) and Bend Polo Club, LLC, including its owners, members, officers, employees, agents, contractors, affiliates, and Henri Du Toit personally (collectively, the “Club”).

I, the Participant, on behalf of myself, my heirs, personal representatives, next of kin, spouse, assigns, and/or any minor for whom I am signing, agree as follows:

1. ASSUMPTION OF RISK

I understand that I am voluntarily entering and participating in activities at Bend Polo Club, including but not limited to horseback riding, polo, being in the presence of horses, and being on or around equine facilities, fields, equipment, and other participants.

I acknowledge that equine and polo-related activities are inherently dangerous and involve risks that may result in serious injury, permanent disability, or death.

These risks include, but are not limited to:

• Horses behaving unpredictably, including bucking, rearing, kicking, biting, bolting, or spooking

• Being struck by a horse, polo mallet, ball, or other equipment

• Falls from horses or while on foot

• Collisions with horses, riders, spectators, or objects

• Hazards related to footing, terrain, holes, irrigation, uneven ground, or obstacles

• Equipment or tack failure

• The actions or negligence of other participants or spectators

• The inherent unpredictability of animals and fast-paced sporting environments

I voluntarily assume ALL risks associated with my presence on the property and participation in or observation of these activities, whether known or unknown, foreseeable or unforeseeable.

2. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY RELEASE, WAIVE, DISCHARGE, AND PROMISE NOT TO SUE the Club and its owners, officers, employees, agents, contractors, volunteers, affiliates, sponsors, sanctioning organizations, and associated facilities, including Camp Fraley Ranch, Inc. and Brad Fraley (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, or causes of action arising out of or related to my presence on the property or participation in any activities, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.

3. NEGLIGENCE ACKNOWLEDGMENT

I understand and agree that this Release includes any claims based on the alleged negligence of the Club, including but not limited to the training or selection of horses, instruction, supervision, maintenance of equipment, or conditions of the premises.

4. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, costs, or expenses (including attorney’s fees) arising out of or related to my participation in any activities or my presence on the property.

5. COMPLIANCE WITH RULES

I agree to follow all rules, instructions, and directions given by the Club, its employees, agents, or volunteers regarding my participation, conduct, and use of horses or equipment.

6. HELMET AND SAFETY ACKNOWLEDGMENT

I understand that horseback riding involves a risk of serious head injury or death. I acknowledge that a helmet is required at Bend Polo Club and agree to wear one at all times while mounted or handling horses.

7. MEDICAL CONSENT

I authorize the Club to obtain emergency medical treatment for me if necessary and agree that I am solely responsible for any costs incurred as a result of such treatment.

8. GOVERNING LAW AND SEVERABILITY

This Agreement shall be governed by the laws of the State of Oregon and is intended to be as broad and inclusive as permitted by law. If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. ATTORNEY’S FEES

I agree that if I bring a claim in violation of this Agreement, I will be responsible for all attorney’s fees and costs incurred by the Released Parties in defending such action.

10. PHOTO AND MEDIA RELEASE

I grant permission to the Club to use photographs, video, or other media of me for promotional, marketing, or educational purposes without compensation.

I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.

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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.