RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT

(FOR PARTICIPANTS OR PERSONS ENGAGED IN AN EQUINE ACTIVITY OR LIVESTOCK ACTIVITY)

In consideration and as a condition of the undersigned participant being permitted to participate and/or engage in an equine activity or a livestock activity, activities, or access provided and an by Tally Ho Equestrian, LLC / RAS Ranch ("THE/RAS") 8857 Cottonwood Trail, Park City, Utah 84098 and/or Hillview Basin 4113 S 900 E, Salt Lake City, Utah, 84109, all their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, its related events and activities (including but not restricted to practice on my own), I the undersigned, acknowledge, appreciate and agree that:

1. Purpose of Participation

The undersigned participant applies to THE/RAS and/or Hillview Basin to permit the undersigned participant to enter upon, use, and remain upon the premises of THE/RAS and/or Hillview Basin for the purpose of engaging or participating in an equine activity and/or a livestock activity at THE/RAS and/or Hillview Basin.

2. Acknowledgment of Inherent Dangers

The undersigned participant acknowledges and agrees that equine activities and livestock activities ARE INHERENTLY DANGEROUS AND MAY RESULT IN DEATH OR SERIOUS INJURY TO A PARTICIPANT OR PERSON ENGAGED IN AN EQUINE ACTIVITY OR A LIVESTOCK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE UNDERSIGNED PARTICIPANT. The Inherent Risks associated with equine activities and livestock activities at THE/RAS and/or Hillview Basin include, but are expressly not limited to, the following:

• (a) The propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them, including but not limited to biting, kicking, bucking, or other unpredictable behavior;

  (b) The unpredictability of the animal’s reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals;

  (c) Collisions with other animals, people, or objects, whether mounted or unmounted;

  (d) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability;

  (e) Being thrown or bucked off by a horse;

  (f) Abrasions, contusions, scratches, or other injuries from stalls, fences, enclosures, grooming tools, and other tack or equipment;

  (g) Allergic reactions to animals, hay, or environmental allergens present on site;

  (h) Tripping over materials, uneven ground, holes, or equipment;

  (i) Slipping, falling, or sustaining injury on wet, muddy, icy, or otherwise hazardous surfaces in the barn, stalls, paddocks, or general property grounds.

3. Awareness of Inherent Risks

The undersigned participant represents, warrants, acknowledges, and agrees that:

• (a) the undersigned participant is fully aware of the inherent risks associated with equine activities and livestock activities at Hillview Basin and THE/RAS; and

• (b) the undersigned participant, through his/her engagement or participation in an equine activity or livestock activity at THE/RAS and/or Hillview Basin, will be exposed to the inherent risks associated with equine activities and/or livestock activities at THE/RAS and/or Hillview Basin.

4. Physical Ability and Safety Equipment

The undersigned participant represents and warrants that the undersigned participant is physically able to participate and/or engage in an equine activity and/or a livestock activity at THE/RAS and/or Hillview Basin. Further, the undersigned participant (individually or as the lawful parent or legal guardian of the minor child identified below) further represents, warrants and agrees that he/she will never permit an unauthorized minor to access THE/RAS and/or Hillview Basin without direct experienced adult supervision and at no time will undersigned participant (or the minor child lawfully represented by the adult signatory below) participate in ANY equine activity at THE/RAS and/or Hillview Basin without independently insuring proper clothing and protective equipment is utilized at ALL times, including but not limited to a certified equestrian riding helmet and boots or other footwear.

5. Voluntary Decisions

The undersigned acknowledges and confirms that the undersigned’s decisions to permit the undersigned participant to engage or participate in an equine activity and/or a livestock activity at THE/RAS and/or Hillview Basin and sign this Agreement are voluntary decisions and acts by the undersigned participant.

6. No Responsibility for Inherent Risks

The undersigned participant acknowledges and agrees that TALLY HO EQUESTRIAN LLC / RAS RANCH IS NOT RESPONSIBLE FOR THE DEATH, DISABILITY, INJURY, OR PROPERTY DAMAGE TO ANY PARTICIPANT IN AN EQUINE ACTIVITY AND/OR A LIVESTOCK ACTIVITY OR PERSON ENGAGED IN AN EQUINE ACTIVITY AND/OR A LIVESTOCK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE UNDERSIGNED PARTICIPANT, caused by, arising out of, in connection with, or relating to THE INHERENT RISKS OF EQUINE ACTIVITIES AND/OR LIVESTOCK ACTIVITIES AT THE/RAS AND/OR HILLVIEW BASIN.

7. Waiver and Release

The undersigned participant, individually, on behalf of the undersigned’s spouse, any and all parents, legal guardians, and legal representatives of the undersigned participant, and their heirs, successors, executors, administrators, personal representatives. heirs, insurers and assigns (collectively, the “Releasors”) hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE the Tally Ho Equestrian, LLC / RAS Ranch, each of their respective member, manager, owner, insurers, real property owners, lessors, operators of the premises of THE/RAS and/or Hillview Basin, heirs, successors, assigns and insurers (collectively, the “Releasees”) of and from any and all claims which the Releasors may have against the Releasees, including but not limited to death, disability, disfigurement, paralysis, injury, property damage, property theft or any other claims arising from, in connection with, or relating in any way to the undersigned participant’s engagement or participation in an equine activity and/or a livestock activity at Hillview Basin and/or THE/RAS, and/or the undersigned participant’s presence within or use of the premises of THE/RAS and/or Hillview Basin.

8. Covenant Not to Sue

The undersigned participant COVENANTS, on behalf of Releasors, that RELEASORS WILL NOT NOW OR AT ANY TIME IN THE FUTURE, DIRECTLY OR INDIRECTLY, COMMENCE OR PROSECUTE ANY ACTION, SUIT, OR OTHER PROCEEDING AGAINST THE RELEASEES arising from, in connection with, or relating in any way to the causes of action, claims, or otherwise waived and released by Releasors pursuant to this Release, including but not limited to section 7 directly above, specifically pertaining to activities at THE/RAS and/or Hillview Basin.

9. Indemnification

The undersigned participant agrees and promises to INDEMNIFY, DEFEND AND HOLD RELEASEES HARMLESSof and from any liability, costs, or expenses arising from any action, causes of action, claims for relief, demands, damages, expenses, costs, fees, or compensation, whether or not said actions, causes of action, claims for relief, demands, damages, costs, fees, expenses and/or compensations are known or unknown, are in law, equity, or otherwise, including, but not limited to, all claims of relief which can be set forth through a complaint or otherwise that may arise out of the acts or omissions, negligent or otherwise, of the Releasors in any way related directly or indirectly to the subject matter of this Release and the use of the THE/RAS and/or Hillview Basin facilities or the engagement of any equestrian or other activities associated with or related thereto.

• Trainer Indemnification – Each trainer bringing participants to THE/RAS and/or Hillview Basin (whether Adult or Minor) hereby agrees, represents and warrants that they shall be and remain fully legally and equitably responsible in all respects to ensure their participating rider is complying with the terms and conditions set forth herein, including all THE/RAS barn rules (applicable at THE/RAS and/or Hillview Basin), and most importantly as concerns no access to any horse without proper riding clothing and equipment being used at all times, most importantly a certified riding helmet. By allowing any participant to access THE/RAS and/or Hillview Basin and/or ride any horse, the Trainer identified below agrees to fully defend, hold harmless and indemnify Releasees (as described above) for any loss, cost, claim or damage to person or property of the participant (adult or minor), any third party of property.

10. Exculpatory Contract

This Agreement constitutes an exculpatory contract between Releasors and Releasees, which will deny Releasors the right to recover damages from Releasees for death, disability, disfigurement, paralysis, injury, property damage, property theft or otherwise arising from, in connection with, or relating to the undersigned participant’s entry, use, and/or presence on, upon, or within the premises of THE/RAS and/or Hillview Basin, and/or the engagement or participation of the undersigned participant in an equine activity and/or a livestock activity at THE/RAS and/or Hillview Basin in all respects, including but not limited to application of waiver and express and implied assumption of the risk as set forth in the Utah Equine and Livestock Activities Act (§78B-4-201 et al.).

11. Non-Transferable Permission

Permission granted by this Agreement for the undersigned participant to enter upon, use and remain upon the premises of THE/RAS and/or Hillview Basin for the purpose of engaging or participating in an equine activity and/or a livestock activity at Hillview Basin and/or THE/RAS is conveyed solely to the undersigned participant and said permission may not be transferred, assigned, or used by any other person or organization other than the undersigned participant. Failure to comply with this restriction may result in, among other things, the revocation of the permission granted under this Agreement.

12. Reliance on Representations

The undersigned participant acknowledges, understands, and agrees that:

• (a) TALLY HO EQUESTRIAN LLC / RAS RANCH (THE/RAS) AND/OR HILLVIEW BASIN IS RELYING UPON THE REPRESENTATIONS, WARRANTIES, ACKNOWLEDGEMENTS, AGREEMENTS, WAIVERS, RELEASES, AND COVENANTS MADE HEREIN BY THE UNDERSIGNED PARTICIPANT, INDIVIDUALLY AND ON BEHALF OF RELEASORS; and

• (b) THE/RAS AND/OR HILLVIEW BASIN (INCLUDING BUT NOT LIMITED TO THE RELEASEES) WOULD NOT ALLOW THE UNDERSIGNED PARTICIPANT TO ENGAGE OR PARTICIPATE IN AN EQUINE ACTIVITY AND/OR A LIVESTOCK ACTIVITY AT THE/RAS AND/OR HILLVIEW BASIN WITHOUT SUCH REPRESENTATIONS, WARRANTIES, ACKNOWLEDGEMENTS, AGREEMENTS, WAIVERS, RELEASES, AND COVENANTS.

13. Agreement Binding and Understood

The undersigned participant acknowledges, understands, and agrees that:

• (a) THIS AGREEMENT IS BINDING UPON RELEASORS;

• (b) THIS AGREEMENT HAS BEEN CAREFULLY AND FULLY READ AND ANALYZED BY THE UNDERSIGNED PARTICIPANT; and

• (c) THE UNDERSIGNED PARTICIPANT, FULLY UNDERSTANDING ALL OF THE TERMS, PROVISIONS, AND CONDITIONS OF THIS AGREEMENT, HAS VOLUNTARILY EXECUTED AND DELIVERED THIS AGREEMENT TO COUNTY as of the date set forth below.

Equine Trainer Acknowledgment

Acknowledgment to Release and Section 9 herein by express reference.

If under the age of 18 years old; parent and/or legal guardians must sign for said participants.

SOCIAL MEDIA CONSENT

By signing this document, I authorize Tally Ho Equestrian LLC to use photos of myself/child on their website and social media.

Definitions Applicable to This Agreement

• a. “Equine”: Any member of the equidae family.

• b. “Equine activity”:

  1. Equine shows, fairs, competitions, performances, racing, sales, or parades that involve any breeds of equines and any equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, multiple-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, hunting, endurance trail riding, and western games.

  2. Boarding or training equines.

  3. Teaching persons equestrian skills.

  4. Riding, inspecting, or evaluating an equine owned by another person regardless of whether the owner receives monetary or other valuable consideration.

  5. Riding, inspecting, or evaluating an equine by a prospective purchaser.

  6. Other equine activities of any type including rides, trips, hunts, or informal or spontaneous activities sponsored by an equine activity sponsor.

• c. “Equine activity sponsor”: An individual, group, governmental entity, club, partnership, or corporation, whether operating for profit or as a nonprofit entity, which sponsors, organizes, or provides facilities for an equine activity, including:

  1. Pony clubs, hunt clubs, riding clubs, 4-H programs, therapeutic riding programs, and public and private schools and postsecondary educational institutions that sponsor equine activities.

  2. Operators, instructors, and promoters of equine facilities, stables, clubhouses, ponyride strings, fairs, and arenas.

• d. “Inherent risk” with regard to equine or livestock activities: Those dangers or conditions which are an integral part of equine or livestock activities, which may include:

  1. The propensity of the animal to behave in ways that may result in Injury, harm, or death to persons on or around them.

  2. The unpredictability of the animal’s reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals.

  3. Collisions with other animals or objects.

  4. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.

• e. “Injury”: Bodily or other personal injury.

• f. “Participant”: Any person under the age of eighteen (18) years old, whether amateur or professional, who directly engages in an equine activity or livestock activity, regardless of whether a fee has been paid to participate.

• g. “Person engaged in an equine or livestock activity”: A person, under the age of eighteen (18) years old, who rides, trains, leads, drives, or works with an equine or livestock, respectively.

• h. “Property damage”: Damage, destruction, and/or incapacitation to any personal property, real property, or chattel, including, but not limited to, physical, nonphysical, economic, and noneconomic damage(s).

• i. UTAH Limitations on Liability for Equine and Livestock Activities: (§78B-$-201 et al.) attached hereto as an Exhibit and incorporated in full by this reference.

Facility Hours

• Monday Thru Saturday: 9:00 AM to 7:30 PM

• Sundays: 12:00 PM to 4:00 PM

RAS Ranch Rules

• Helmets must be worn by all riders under age 14 at all times in the barn areas.

• Helmets must be worn by all riders at ALL times while riding on the premises.

• Riders under age 16 must be supervised by a parent or legal guardian while riding.

• No one other than a THE/RAS owner, employee, or contracted trainer may provide instruction, lessons, or training to any other horse, rider, or boarder.

• Trail riding by riders under 18 must be supervised.

• Proper footwear is required at all times—no open-toed shoes.

• Jumping vests must be worn while jumping.

• No lunging allowed for riders under 14 years old.

• Riders under 18 may not jump without an instructor. Riders over 18 may not jump alone.

• No one may ride a horse without the owner present, unless part of a formal lease or training arrangement approved by THE/RAS.

• Horse owners are responsible for ensuring that all of their guests on the property have signed a current release of liability form prior to entering barn areas or being near horses.

• Horses must be led with a proper halter and lead rope.

• Only appropriate and safe tack may be used.

• No guests or children are allowed in the barn area unless accompanied by a horse owner or parent.

• No guests are allowed around horses without a signed release form.

• No smoking is allowed on the premises.

• No playing in or around the ponds.

• No outside dogs allowed; only dogs living on site, or owned by RAS Ranch owners and family are permitted on the property.

• When in doubt, don’t assume—ask.

• Don’t add bedding, hay, or grain without permission.

Facility Expectations

• Cross ties and wash racks must be cleaned immediately after use.

• No sweeping debris into drains, including manure, hair, dust etc. Must be swept up.

• Pick up any manure, hoof trimmings, shedding hair, hay, shavings, etc. on property. This includes the indoor arena, outdoor arena, driveways, tacking stations, and aisle-ways around the paddocks.

• Help maintain shared areas such as the locker and lounge, keep lockers free of food, trash etc.

• Shared grooming equipment and tack must be cleaned properly put away after use.

• Always open stall doors toward the horse and close when unoccupied.

• Horses may not be left loose or completely unattended in cross ties.

• Graze horses only where grass is long, avoid over grazing certain areas.

• If there is ice, please be careful walking around the property

• Close all gates, doors, corrals, and turnouts.

• Park cars on the west side of the barn by the chicken coop and outdoor metal stalls.

• Respect the weekend staff—non-urgent matters can wait until business hours.