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DIAMONDS in the ROUGH RESCUE, Inc. WAIVER, RELEASE, and INDEMNITY AGREEMENT

VOLUNTEER STATUS/INSURANCE (for volunteers): I understand and acknowledge that while participating as a Volunteer, I am not an employee of the Diamonds in the Rough Rescue, Inc. I am not entitled to any employee or other benefits from the Diamonds in the Rough Rescue such as health or accident insurance, workers’ compensation benefits, or compensation. I understand it is my responsibility, if desired, to provide my own health, disability, liability or accident insurance to cover my claims or damages from any injury, illness, death or property damage I suffer while performing volunteer work for the Diamonds in the Rough Rescue.

ASSUMPTION OF RISK: THIS EQUINE ACTIVITY LIABILITY RELEASE, WAIVER OF RIGHT TO SUE AND ASSUMPTION OF ALL RISKS AGREEMENT (the “WAIVER and RELEASE”) is hereby given by the undersigned to DIAMONDS in the ROUGH RESCUE, Inc. (“DITR”).

I hereby acknowledge that participating or engaging in equine activities can be dangerous and that there are inherent risks, which risks include bodily injury, or even death, from using, riding or being in close proximity to horses. Per the Equine Activity Liability Act of Virginia (Va. Code 3.2-6200 et. seq.), I hereby acknowledge that I have full and complete notice and understanding that there are certain inherent dangers of equine activities that are an integral part of equine activities; SUCH INHERENT DANGERS OF EQUINE ACTIVITIES INCLUDE: (I) THE PROPENSITY OF EQUINES TO BEHAVE IN WAYS THAT MAY RESULT IN INJURY, HARM, OR DEATH TO PERSONS ON OR AROUND THEM; (II) THE UNPREDICTABILITY OF AN EQUINE'S REACTION TO SUCH THINGS AS SOUNDS, SUDDEN MOVEMENT, AND UNFAMILIAR OBJECTS, PERSONS, OR OTHER ANIMALS; (III) CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS; (IV) COLLISIONS WITH OTHER ANIMALS OR OBJECTS; AND (V) THE POTENTIAL OF A PARTICIPANT ACTING IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO INJURY TO THE PARTICIPANT OR OTHERS, SUCH AS FAILING TO MAINTAIN CONTROL OVER THE EQUINE OR NOT ACTING WITHIN THE PARTICIPANT'S ABILITY.

As an inducement to DITR to allow my participation (and/or my minor child’s/ward’s participation, if applicable) in equine activities sponsored or organized by DITR, at facilities provided by, owned by or arranged for by DITR, I (for myself, or on behalf of my minor child/ward, if applicable) hereby RELEASE and WAIVE, to the fullest extent allowable under the Equine Activity Act of Virginia and other applicable law, all rights which I (or my minor child/ward, as applicable), or my heirs, administrators, executors or personal representatives, may have against DITR, Richard and Sonja Reuter, Merry Oaks Stables LLC., Reuter LLC., and their respective employees, agents, leaders, instructors, contractors, sponsors, officials, representatives, board members, executive officers, directors, and volunteers as well as the owners or operators of any property on which the sponsored equine activities take place (collectively the “Released Parties”), and RELEASE the Released Parties from liability, for death, bodily and personal injury, and/or property damage which is in any way associated with, arising from or related to the aforesaid equine activities. I hereby further WAIVE, to the fullest extent allowable under the Equine Activity Act of Virginia and other applicable law, my right (and/or my minor child/ward’s right) to sue or to bring any action against any of the Released Parties in connection therewith, and I agree to INDEMNIFY and DEFEND the Released Parties from, and to HOLD the Released Parties HARMLESS against, any suit or action arising from or related to the aforesaid equine activities.

I hereby agree that I (or my minor child/ward, if applicable) have participated voluntarily in the aforesaid equine activities and expressly ASSUME ALL RISKS and dangers of death, bodily and personal injury and property damage which are in any way associated with the risks and inherent dangers related to equine activities enumerated above. If any clause or provision of this Waiver and Release is held to be invalid by a court of competent jurisdiction, the invalid clause or provision shall not otherwise affect the remaining provisions of this Waiver and Release which shall continue to be enforceable. This Waiver and Release shall be governed by and construed under the laws of the Commonwealth of Virginia.

I have been advised that I (for myself, or on behalf of my minor child/ward, if applicable) am/is to wear a properly fastened, ASTM/SEI Certified protective helmet and hard-soled, heeled footwear at all times while riding or otherwise coming in contact with horses, and expressly assumes the risk of injury resulting from failure to do so and/or from selecting headgear or footwear which does not adequately protect against injury.

By signing this agreement, I hereby fully and forever release and discharge Diamonds in the Rough Rescue, Inc, Richard and Sonja Reuter, Merry Oaks Stables LLC., Reuter LLC., and their employees, agents, leaders, instructors, contractors, sponsors, officials, representatives, board members, executive officers, directors, and volunteers from and against all claims, demands, loss or injury to my person or property incurred through negligence, or other acts or omissions, however caused by myself or by an employee, agent, leader, instructor, contractor, sponsor, official, representative, board member, executive officer, director, or volunteer of the above as a result of, or during my participation in volunteer services.

I HAVE FULLY READ AND UNDERSTAND THE FOREGOING WAIVER AND RELEASE AND UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS. MY SIGNATURE, VOLUNTARILY GIVEN BELOW, EVIDENCES MY AGREEMENT TO THE TERMS AND CONDITIONS STATED ABOVE.