RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT In consideration of being allowed to use the facilities and participate in programs, activities, and events (collectively the "Activities") provided by Thunderbay Riding Academy (the "Host"), the Participant and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree to the fullest extent permitted by law, as follows: 1. TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant's participation in the Activities or the use of any equipment provided by the Host. As used herein, the term "Equipment" shall include equine animals; 2. TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and his/her Parents or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death; 3. TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and use of the Equipment, including while receiving instruction and/or training. The Participant and his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and 4. TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arrising out of participation in Activities and/or use of the Equipment, including while receiving instruction and/or training. EQUINE WARNING Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or death of a participant in equine activities resulting exclusively from the inherent risks of equine activities. Chapter 99E of the North Carolina General Statutes. PERSONAL RESPONSIBILITY: The Participant and his/her parent(s) or legal guardian(s) certify that the Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. The Participant and his/her parent(s) or legal guardian(s) understand that if helmets are recommended for use while participating in the Activities, and Participant chooses not to wear a helmet, he/she does so at his/her own risk, and the Participant and his/her parent(s) or legal guardian(s) accept full responsibility for any injury that results. The Participant and his/her parent(s) or legal guardian(s) understand that the Participant is obliged to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY CHECKING THE BOX I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.