SalesPolicy

WAIVER AND RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING

SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY.

THIS STABLE DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR HORSE.

Name/Address/Telephone number of Owner of property:

Biebers Red Willow Ranch Performance Horses

Melissa Bieber and John Peck

8495 Oak Lane

Becker, MN 55308

Bieberlaw@sherbtel.net

(320)267-8034 or 763) 261-2288

This RELEASE of LIABILITY is made and entered into by and between Bieber‘s Red Willow Ranch Performance Horses, Melissa Bieber, John Peck, and all their agents, administrators, successors and assigns, hereinafter designated OWNER or STABLES and THE UNDERSIGNED hereinafter designated RIDER, and if Rider is a minor, Rider’s parent or guardian. In return for the use, today and on all future dates of the property, facilities and services of the Owner, the Rider, his heirs, assigns, and legal representatives, hereby expressly agree to the following:

1. It is the responsibility of the Rider to carry full and complete accident, medical and liability insurance coverage on his horse, personal property and himself. Rider carries and is covered by said insurance now in force. Rider will be responsible for any and all cost incurred by them for injuries or property damage they may incur. Rider is responsible for the negligent acts of their family members and/or legal ward and animals. That Rider is responsible for their own financial loss in relation to the theft or damage to their tack, equipment, vehicles, trailers and horses while on the premises or traveling with Owners.

2. Rider agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE RIDER’S USE OF OR PRESENCE UPON OWNER’S PROPERTY AND FACILITIES including, without limitation but not limited to, the risks of death, bodily injury, property damage, falls, kicks, bites, collisions with vehicles, horses, dogs, other animals, objects, or stationary objects, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person.

3. Rider agrees to hold Owner and all of its successors, assigns, subsidiaries, affiliates, officers, directors, employees and agents completely harmless and not liable and release them from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, cost or expenses arising out of Rider’s use of or presence upon Owner’s property and facilities, including without limitation, those based on death, bodily injury, property damage, including consequential damages, except if the damages are caused by the direct, willful and wanton negligence of the Owner.

4. Rider agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.

5. Rider agrees to indemnify and defend Owner against, and hold it harmless from, any and all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which in any way arise from the Rider’s use of or presence upon the Owner’s property and facilities.

6. Rider agrees to abide by all of Owner’s rules and regulations.

7. If Rider is using his horse, the horse shall be free from infection, contagious or transmissible disease. Owner reserves the right to refuse horse if not in proper health or is deemed dangerous or undesirable.

8. This contract is non-assignable and non-transferable and is made and entered into the State of Minnesota, and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with State Law, then that clause is null and void. When the Owner and Rider and Rider’s parent or guardian, if Rider is a minor, sign this contract, it will then be binding on both parties, subject to the terms and conditions herein.

9. RIDER/HANDLER RESPONSIBILITY - I UNDERSTAND THAT THERE ARE INHERENT RISKS WITH BEING ON OR AROUND HORSES OR OTHER LIVESTOCK. “Inherent risks ” means dangers or conditions that are an integral part of livestock activities, including: (1) the propensity of livestock to behave in ways that may result in death or injury to persons on or around them, such as kicking, biting, or backing; (2) the unpredictability of livestock’s reaction to things like sound, sudden movement, unfamiliar objects, persons, or other animals; (3) natural hazards such as surface or subsurface conditions; or (4) collisions with other livestock or objects.

Handling from the ground, or upon mounting a horse and taking up the reins the HANDLER/RIDER is in primary control of the horse. However horses may become uncontrollable. The HANDLER/RIDER shall be responsible for his/her own safety, and that of an unborn child, if the rider is pregnant. Pregnant women should ride horses only under the advice of their physician. Owners advise pregnant women not to ride horses.

10. CONDITIONS OF NATURE - THIS STABLE/Owners are NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE Thunder, Lightening, rain, wind, wild and domestic animals, dogs, cats, horses, insects, reptiles, which may walk, run, fly near, or bite and/or sting a horse or person: and irregular footing on indoor or out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape.

11. IN CONSIDERATION of being permitted to enter for any purpose the Owner’s Property, including but not limited to vehicles and trailers and to being transported in and about such Area, each of the Undersigned, for himself/herself, an minor children, and personal representatives, assigns, heirs and next of kin, agrees, and on the direct representation that s/he has, or will prior to beginning the entering of the property, inspect the area and s/he does warrant that his/her entrance to the Area and participation in the activities, including but not limited to those involving horses, constitute an acknowledgement that s/he has inspected the area and that it is safe and reasonably suited for the purposes of horse activities; and the Undersigned:

A. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Biebers Red Willow Ranch Performance Horses, Melissa Bieber and or John Peck, the promoter, participants, Landowner, and each of them, their agents, officers, and employees, all for the purposes herein referred to as RELEASEES, from all liability to the Undersigned, his personal representatives, Minor Children, assigns, heirs, and next of kin for all loss or damage, and any claim or demands therefor, on account of injury to the person or property or resulting in injury or death of the Undersigned, whether caused by the negligence of Owners, Releasees or their agents, or otherwise while the Undersigned is in or near the Area, also including, but not limited to, negligent rescue operations therefrom; and

B. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the Undersigned in or about the Area and whether caused by the Owner’s, releasees or otherwise.

C. HEREBY ASSUMES ALL THE RISK of bystanding, entering into, on, and being rescued from the Area.

Each of the Undersigned expressly agrees that the foregoing Release, Waiver, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of this state and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.

Each of the Undersigned warrants the following statements are true and correct and understands that the Releasees have relied on them in entering into the foregoing Release, Waiver and Indemnity Agreement and in giving the Undersigned permission to enter the Area:

1. No oral representations, statements or inducements apart from the foregoing written agreement have been made.

2. The undersigned assumes full responsibility and risk of bodily injury, death, or property damage for any reason including that due to the negligence of the Releasees or otherwise upon being on or near the Area, while: including, but not limited to, bystanding, entering, exiting, or being rescued from such Area.

12. ACCIDENT/MEDICAL AND PERSONAL LIABILITY INSURANCE - I AGREE THAT: Should medical treatment be required. I and/or my own accident/medical insurance company shall pay for all such incurred expenses. Should my actions or that of my horse cause injury or damage of any kind I and/or my own personal liability shall pay for such damages.

13. Photo and Video Release: I hereby grant Stables permission to use my and my minor childs likeness in photographs, videos in any and all of its publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of Stables and will not be returned. I hereby irrevocably authorize Stables to edit, alter, copy, exhibit, publish or distribute these photos adn or videos for purposes of publicizing the Stable’s programs, services, and horses or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photographs and or videos.

UNDER MINNESOTA LAW, A DOMESTICATED ANIMAL PROFESSIONAL IS NOT LIABLE FOR DAMAGES SUFFERED BY, AN INJURY TO, OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF DOMESTICATED ANIMAL ACTIVITIES, PURSUANT TO MINNESOTA CODE CHAPTER 604A.12. YOU ARE ASSUMING INHERENT RISKS OF PARTICIPATING IN THIS DOMESTICATED ANIMAL ACTIVTY.

All Riders and Parents or Legal Guardians must sign below after reading this entire document:

SIGNER WAIVER STATEMENT

I AGREE TO ASSUME ALL LIABILITY FOR MYSELF AND MY MINOR CHILDREN, WITHOUT REGARD TO FAULT WHILE AT, ON, OUT AND AROUND, OR ABOUT MELISSA BIEBER’S, JOHN PECK’S, or BIEBER‘S RED WILLOW RANCH. I FURTHER AGREE TO HOLD HARMLESS OWNERS OR ANY OF ITS EMPLOYEES OR AGENTS FOR ANY CONDITIONS OR INJURY, INCLUDING DEATH THAT MAY RESULT TO MYSELF OR MY MINOR CHILDREN WHILE AT, ON, OUT AND AROUND, OR ABOUT OWNERS PROPERTY. I/WE, THE UNDERSIGNED HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT. WARNINGS. RELEASE AND ASSUMPTION OF RISK.

I FURTHER ATTEST THAT ALL FACTS RELATING TO THE APPLICANT ARE TRUE AND ACCURATE. IF SIGNING FOR A MINOR CHILD, I ATTEST THAT I AM AUTHORIZED AND HAVE LEGAL RIGHT TO BIND AND HAVE FULL LEGAL AUTHORITY IN REGARDS TO MINOR CHILD.

That I hereby, for myself, my heirs, administrators and assigns, and family members release and discharge Biebers Red Willow Ranch Performance Horses, Melissa Bieber, John Peck, the owners of the premises on which this activity or event is held and all other participants of and from all claims, demands, actions and caused of action for all injuries sustained to my person, or that of my child, spouse or legal charge and/or property.

Furthermore, I have read and understand the Minnesota Equine Activity Statues that are plainly posted on the premises.

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF ALL LIABILITY AND INDEMNITY AGREEMENT.

SIGNATUREPRINT NAME DATE

___________________________________________________________ ________________

MINOR CHILD: ______________________________________________ ________________

ADDRESS: _________________________________________________________________________

__________________________________ EMAIL: __________________________

TELEPHONE: _______________________CELL PHONE: _____________________

PROTECTIVE EQUESTRIAN HEADGEAR REFUSAL AND RELEASE AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING

Biebers Red Willow Ranch Performance Horses and Melissa Bieber and/or John Peck hereinafter known as “This PROVIDER”

PRINT NAME OF RIDER:__________________________________________________________________________

ADDRESS OF RIDER: _____________________________________________________________________________

WARNING AND REFUSAL TO WEAR STATEMENT

I, for myself and/or on behalf of my child or legal ward, have been offered an SEI Certified — ASTM Equestrian Helmet and have been warned and advised by THIS PROVIDER, and I do understand, that not wearing protective headgear increases the risk of serious injury and/or death. By signing this form, the rider and the parent of guardian thereof if a minor is/are refusing to wear protective headgear.

I have also been advised to purchase and use my own helmet.

RELEASE OF LIABILITY

I, for myself and/or on behalf of my child or legal ward, heirs, administrators, personal representatives or assigns. release and discharge THIS PROVIDER and their respective officers, directors, employees, agents, representatives, insurers, assigns, and other acting on behalf, of and from all claims, demands, or causes of action, whether the same be known of unknown, anticipated or unanticipated, resulting from or arising out of bodily injury or property damage that my be sustained, or property damage which may occur, as a result of not wearing an SEJ Certified — ASTM Equestrian Helmet.

SIGNER STATEMENT OF AWARENESS: I/WE, THE UNDERSIGNED, HAVE READ THE FOREGOING STATEMENT CAREFULLY BEFORE SIGNING AND DO UNDERSTAND ITS WARNINGS AND ASSUMPTION OF RISK.

___________________________________________________________________Date ___________________________

SIGNATURE OF RIDER(spouses must sign for themselves.)

____________________________________________for _________________________Date ______________________

SIGNATURE OF PARENT, GUARDIAN AND/OR SPOUSENAME OF RIDER (please print)

____________________________________________for _________________________Date ______________________

SIGNATURE OF PARENT, GUARDIAN AND/OR SPOUSENAME OF RIDER (please print)