CIRCLE J STABLE’S

AGREEMENT, RELEASE OF LIABILITY AND ASSUMPTION OF RISK
NOTICE: You are not required to participate in horseback riding, cross-country riding, or any horse related activities with or at Circle J Stables. However, in the event that you wish to participate in the aforementioned activities, you must sign this waiver and release of liability. In consideration of being permitted to utilize the facilities of Circle J Stables, including use of the cross-country course, any of Circle J Stable’s services, facilities, barns, paddocks and equipment, (hereinafter collectively referred to as “Equine Activities,” I hereby agree as follows: 1. Parties Included. I understand that this Agreement, Release of Liability and Assumption of Risk includes Circle J Stables, Jeffrey P. Niehof, Janis Niehof, its officers, employees, volunteers, agents, associated entities, partners, instructors, safety course directors, and any other individuals acting on its behalf (hereinafter referred to in this Agreement, Release of Liability and Assumption of Risk as “Circle J”) as well as any other individual involved in my “Equine Activities.” All of the above parties are hereby collectively referred to as the “Released Parties.”
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2.

Risks Contemplated. This agreement is made in contemplation of all “Equine Activities,” including but not limited to instruction, practice activities, horse riding, training, driving, being a passenger upon, visiting, touring, utilizing the facilities as part of an event, assisting participants or show events, boarding of horses (including normal equine care), any activities associated therewith, and any and all rescue operations or treatments provided to me by Circle J. I hereby assume the unavoidable risks inherent in all “Equine Activities,” including but not limited to bodily injury, physical harm, and death to horse, rider and spectator. I further understand that horseback riding is classified as a rugged adventure recreational sport activity and that there are numerous obvious and non-obvious inherent risks always present in such activities despite all safety precautions. I agree that Circle J is not responsible for total or partial acts, occurrences, or elements of nature that may scare a horse/pony, or cause it to fall or react in an unsafe manner. Some of the examples of natural acts include, but are not limited to: thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles which may walk, run, fly near or bite/sting the horse/pony or rider; and irregular footing on, 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.
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3.

Release From Liability. I hereby release and discharge the above “Released Parties” from any and all liability, claims, demands, or causes of action that I may hereafter have for injuries or damages arising out of my participation in “Equine Activities” even if caused by negligence or other fault of the above “Released Parties.”
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4.

Covenant Not To Sue. I further agree that I will not sue or make claim against the above “Released Parties” for damages or other losses sustained as a result of my participation in “Equine Activities” even if caused by negligence or other fault of the above “Released Parties.”
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5.

Indemnification and Hold Harmless. I also agree to indemnify and hold the above “Released Parties” harmless from all claims, judgments and costs, including but not limited to attorney fees, and to reimburse the “Released Parties” for any expenses whatsoever incurred in connection with any action brought as a result of my participation in “Equine Activities.” I further agree that part of my obligation to indemnify and hold the above “Released Parties” harmless from all claims, judgments, and costs, I agree to post a bond in the amount of $5,000.00 in favor of the above “Released Parties,” in the event any action is brought as a result of my participation in “Equine Activities” at Circle J.
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6.

Certification of Age. I hereby certify that I am least eighteen (18) years of age and legally competent to sign this Agreement, Release of Liability and Assumption of Risk. In the alternative, if I am under the age of eighteen (18) years, said document shall be executed by my legally appointed guardian/parent and I agree to be bound by the terms thereof.
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7.

Assumption of Risk. I understand and acknowledge that “Equine Activities” may be dangerous and I expressly and voluntarily assume all risk of death or personal injury sustained while participating in “Equine Activities,” whether or not caused by the negligence or other fault of the above “Released Parties.”
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8.

Parties Bound by this Agreement. It is my understanding that this Agreement is binding not only upon myself, but on anyone or any entity, including my estate and my heirs, that or who may be able to or does sue because of my injury or death. It is further my understanding and agreement that this Agreement is intended to and does in fact release the above “Released Parties” from any and all claims or obligations whatsoever arising in any way from my participation in “Equine Activities,” even if caused by the negligence or other fault of the above “Released Parties.”
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9.

Limitation of Warranty. Circle J hereby warrants only that any facility and/or equipment provided by Circle J has been previously used for “Equine Activities.” This warranty is the only warranty made and is made in lieu of any other warranties, express or implied, including but not limited to warranty of merchantability or fitness for a particular purpose.
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I have read the above paragraph #9 and acknowledge that I understand it and accept the 2

limitation of warranty.
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10.

Duration of Release. It is my understanding and intention that this Agreement be effective not only for the date of my initial “Equine Activities” at Circle J, but for any subsequent “Equine Activities” which are in any way associated with the above “Released Parties” in the future.
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11.

Enforceability. I agree that if any portions of this Agreement are found to be unenforceable or against public policy, that only that portion shall fail, but I specifically waive any unenforceability or any policy argument that I may make or that may be made on behalf of my estate or by anyone who would sue because of my injury and/or death.
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12.

Legal Rights. I understand that, by signing this document, I am giving up important legal rights and it is my intention to do so.
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13.

Duty of Care. I hereby agree to waive all duty of care, whether by omission or commission, or any other duty which may be owed to me by the above “Released Parties.”
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14.

Construction. It is my agreement with the above “Released Parties” and my intention that this document be broadly construed in favor of the above “Released Parties” and against me and that any and all ambiguities be resolved in favor of the above “Released Parties.”
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15.

Inspection. I hereby certify that I have been given the opportunity to inspect the riding facilities, including the cross-country riding course prior to my participation in “Equine Activities.” The decision to inspect or not inspect the riding facilities and/or cross-country riding course is my decision alone, and I accept full responsibility for my inspection or lack thereof.
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16.

Choice of Laws. I agree that this agreement shall be interpreted according to the laws of the State of Michigan, no matter where I reside or where I execute this Agreement and participate in activities with Circle J. Any dispute or action related to my “Equine Activities” shall be brought only in the circuit or district courts located in the County of Ottawa, State of Michigan.
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17.

Right to Use Name and/or Likeness in Advertising. I further acknowledge and agree that during the course of my participation in “Equine Activities,” Circle J may videotape or photograph me. I expressly agree to the use of my name, photograph, or any video footage 3

involving me for advertising purposes, and release Circle J for any and all liability contained herein.
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18.

Certification of Medical Condition. I hereby certify that I am in good medical condition, and have no known adverse diagnoses, illnesses, or physical defects which would prohibit me from safely participating in “Equine Activities.”
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19.

Equine Activity Liability Act. I hereby acknowledge and understand that the Michigan legislature has established an equine liability act. Under the Michigan Equine Activities Liability Act, an equine professional is not liable for an injury to or the death of a participant in an equine activity resulting from an inherent risk of the equine activity. I understand and accept the inherent risks associated with equine activity, and hereby release the above “Released Parties” from any liability thereof.
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20.

Understanding of Agreement. I hereby certify that I have read and understand the contents of this document and I wish to be bound by its terms.
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Date Signature of Participant

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Printed Name of Participant

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Street Address of Participant

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City/State/Zip Code of Participant

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Date Signature of Participant’s Guardian/Parent

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Printed Name of Guardian/Parent

____________________________________ Emergency Telephone Contact Number

The undersigned hereby accepts the signed Agreement, Release of Liability and Assumption of Risk on behalf of Circle J Stables: 4 ____________________________________ Date Signature of Circle J Stables

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