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WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT WITH COVENANT NOT TO SUE

To induce Birchview Stables, LLC, Alexandra Binetti, Pasquale Binetti, John Flowers, Pixshire, LLC and their agents, servants and employees (all of said parties are hereinafter collectively called the “Indemnified Parties”) to allow the use of the facilities at the property located at 2420 Conns Creek Rd., Ball Ground, GA 30107 and known as Birchview Stables (the “Property”) and in consideration of the use of the same, the undersigned, by executing this writing, agrees to hold harmless, discharge, release, and indemnify the Indemnified Parties with respect to any and all claims, causes of action, injuries, damages, costs, expenses and losses of any one or more of the Indemnified Parties (including, but not limited to, reasonable attorneys’ fees) arising out of or in any way connected with any activities at the Property or use of the facilities at the Property or use of the facilities at the Property by myself, my spouse, my family, my children, my friends, the rider indicated at the end of this form and/or guest spectators accompanying any of said persons to the Property. The foregoing indemnity includes, but is not limited to, any and all damage, loss, or injury of any kind to any horse or other property or person (whether on or off the facilities of the Property and whether or not any such liability, damage, cost or loss shall be due to acts or omissions of any one or more of the Indemnified Parties) and for all losses, costs, claims, injuries, damages, expenses and causes of action arising out of any use of the facilities of the Property, of riding horses on or off the facilities of the Property, and of boarding horses with or at the Property.

The undersigned acknowledges the inherent risks associated with the sport of equestrian without limitation including serious bodily injury, sickness and disease (including communicable diseases), pain and suffering, permanent disability, paralysis and death arising out of the unpredictable behavior of horses.

Further, the undersigned AGREES NOT TO SUE or pursue any legal or equitable action against anyone or more of the Indemnified Parties with respect to any claims, causes of action, injuries, damages, costs or expenses, or losses to myself, my spouse, my family, my children, my friends, the rider indicated at the end of this form and/or guest spectators accompanying any of the above persons to the Property arising out of or in any way connected with the use of the facilities of the Property. Said covenant not to sue shall include, but not be limited to, any and all damage, loss or injury of any kind to my horse(s) or other property or persons (whether on or off the facilities of the Property, and whether any such liabilities, damage, cost or loss shall be due to acts or omissions of one or more of the Indemnified Parties). In addition, the Indemnified Parties shall not be liable for any loss due to accident, illness, fire, or theft. It is the responsibility of the undersigned to carry full and complete insurance coverage on his horse, personal property and himself.

Further, the undersigned acknowledges and agrees that the activities on and about the Property include horses which may, from time to time, become “spooked” and cause damage or injury to the rider, other persons and property. The undersigned hereby acknowledges that he or she is knowledgeable about the risks of such animals and assumes the risk of any injury or damage caused by any horse on or about the Property.

WARNING

UNDER GEORGIA LAW, AN EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES PURSUANT TO CHAPTER 12 OF TITLE 4 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED.

Dated: November 21, 2024

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I certify that I am 18 years of age or older
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Third Participant's Name

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PARENTAL/LEGAL GUARDIAN [IF PARTICIPANT IS UNDER 18 YEARS OF AGE]:
I hereby certify that I am the parent or legal guardian of the child whose signature appears above.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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