WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT In consideration of Equestrian Vaulting USA (“EVUSA”) allowing the participation on in any capacity (i.e.- vaulter, lungerr, lessee, owner, agent, coach, official, trainer or volunteer) (hereafter “Participant”) at any EVUSA event or activity, including but not limited to clinics, practices, symposiums, competitions and/or related or incidental activities (“EVUSA Event(s)”); I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and or assigns, hereby agree to be bound to the terms of this waiver and release agreement (the “Agreement”): A. RULES AND REGULATIONS: I hereby agree to be bound and abide by the rules, regulations, and policies of EVUSA which can be found at www.equestrianvaulting.org, and which may be amended from time to time. B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of equestrian vaulting and acknowledge that equestrian vaulting (individually and as a pair/team), as well as any equestrian activities and/or gymnastic activities are inherently dangerous, including but not limited to training on a horse, practicing on a barrel (whether stationary or mechanical/moving), doing acrobatics (individually and as a pair/team), and thus participation in any EVUSA Event(s) involves risks and dangers including, without limitation: the potential for serious bodily injury (such as broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis or death; and loss of or damage to personal property (including to my horse(s) & equipment). Such risks involve but are not limited to: the unpredictable behavior of horses; exposure to extreme conditions and circumstances; accidents, including accidents arising out of negligence and involving other participants, event staff, volunteers or spectators; contact or collision with other participants and horses, natural or manmade objects; adverse weather conditions; facilities’ issues and premises’ conditions; failure of equipment; inadequate safety measures; and all other undefined, not readily foreseeable and presently unknown risks and dangers that may occur or arise from time to time (colletively, the “Risks”). C. ASSUMPTION OF RISK: I understand that the Risks may be caused, in whole or in part, directly or indirectly, from the negligence of my own or others’ actions or inactions, including but not limited to the negligence or grossly negligent conduct, of the Released Parties as defined below, and I hereby do voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I or my minor child incurs as a result of my or his/her/their participation in any EVUSA Events. I also agree to be responsible for any injuries or damages caused by me, my minor child[ren], my horse(s), and any volunteers, employees, vaulters, lungers, or contractors under my direction and control at any EVUSA Event. D. WAIVER AND RELEASE: I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties: EVUSA; EVUSA subordinates; EVUSA clubs; EVUSA members; EVUSA regions; all Event participants (including but not limited to vaulters, lungers, coaches, trainers, judges/officials, and other personnel); competition managers; the promoters, sponsors, or advertisers of any EVUSA Event; the United States Equestrian Federation; any beneficiary of an EVUSA Event; the owners, managers, or lessors of any facilities or premises where an EVUSA Event may be held; all directors, officers, employees, agents, contractors, and volunteers of any of the aforementioned parties (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my or my minor child’s participation in any EVUSA Events, including claims caused in whole or in part by the negligent, whether gross or otherwise, acts or omissions of any of the Released Parties. I agree that I am not entitled to any refund of any money paid by me or on my behalf for my or my minor child’s participation in any EVUSA Event(s), unless expressly specified otherwise. E.PHOTO RELEASE. I give permission to EVUSA to use my and/or my minor child’s photos, videos, or images for use in any EVUSA promotional materials, including posting the same on EVUSA’s social media accounts. All photos, videos, images, etc. loaded onto EVUSA’s website or posted on any of EVUSA’s social media accounts shall be the sole property of EVUSA for EVUSA’s use, distribution, benefit, and determination at EVUSA’s sole discretion. F. COPYRIGHT LAWS. Participant agrees to indemnify and hold EVUSA harmless from any claims, damages, or expenses arising from Participant’s violation of any copyright laws due to Participant’s use of music during any EVUSA events or competitions. This obligation shall survive the conclusion of any EVUSA events or competitions. G. I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, & UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. I expressly agree that the foregoing assumption of risk, release of claims and indemnification agreement is intended to be as broad and inclusive as permitted by law and I do hereby voluntarily and knowingly agree to the same. This agreement may be electronically signed, and any electronic signatures appearing on this agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. H. IF PARTICIPANT IS A MINOR: By signing below, I, on my own behalf, and or as the Parent/Legal Guardian of the minor participant, hereby agree to the terms and conditions of this Agreement in connection with my or my minor’s participation in any EVUSA Event. If, despite this Agreement, I, or anyone on my behalf or the minor’s behalf, makes a claim for Liability against any of the Released Parties, including filing suit, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities as the result of such claim and agree to pay their actual attorney fees. |