WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT In considera,on of Equestrian Vaul,ng USA(“the EVUSA”) allowing the undersigned (“Par,cipant”), or on behalf of my child/ward, if Par,cipant is under the age of 18 (“a Minor”), to par,cipate in any capacity (i.e.- vaulter, longeur, lessee, owner, agent, coach, official, trainer or volunteer) in any EVUSA event or ac,vity, including but not limited to clinics, prac,ces, fests, compe,,ons and/or related or incidental ac,vi,es (“EVUSA Event(s)”); I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representa,ves, executors, administrators, successors, and or assigns, hereby agree to and make the following contractual representa,ons pursuant to this Agreement (the “Agreement”): A. RULES AND REGULATIONS: I hereby agree to be bound and abide by the rules, regula,ons, and policies of the EVUSA and on the website at www.equestrianvaul,ng.org, as amended from ,me to ,me. B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of equestrian vaul,ng and know that equestrian vaul,ng (individually and as a pair/team), and all related equestrian ac,vi,es and/or gymnas,c ac,vi,es are inherently dangerous, including prac,cing on a barrel (sta,onary or mechanical/moving), doing acroba,c exercises (individually and as a pair/team), and that par,cipa,on in any EVUSA Event(s) involves risks and dangers including, without limita,on: the poten,al for serious bodily injury (including, broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; and loss of or damage to personal property (including to my horse(s) & equipment). I acknowledge that incidents arising out of but not limited to: the unpredictable behavior of horses; exposure to extreme condi,ons and circumstances; accidents involving other par,cipants, event staff, volunteers or spectators; contact or collision with other par,cipants and horses, natural or manmade objects; adverse weather condi,ons; facili,es issues and premises condi,ons; failure of equipment; inadequate safety measures; and any and all situa,ons beyond the immediate control of the EVUSA and EVUSA Event(s)’ organizers and or compe,,on management; and other undefined, not readily foreseeable and presently unknown risks and dangers (collec,vely, 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’ ac,ons or inac,ons, or the negligent acts or omissions, including but not limited to gross negligence, of the Released Par,es defined below, and I do voluntarily and knowingly assume all such Risks and responsibility for any damages, liabili,es, losses, or expenses that I incur as a result of my par,cipa,on in any EVUSA Events. I also agree to be responsible for any injury or damage caused by me, my horse, my volunteers, employees, vaulters, lungers, or contractors under my direc,on 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 par,es: the EVUSA; EVUSA subordinates; EVUSA clubs; EVUSA members; EVUSA regions; all event par,cipants (including athletes/vaulters, coaches, trainers, judges/officials, and other personnel); compe,,on managers; the promoters, sponsors, or adver,sers of any EVUSA Event; any beneficiary of an EVUSA event; the owners, managers, or lessors of any facili,es or premises where a EVUSA Event may be held; all directors, officers, employees, agents, contractors, and volunteers of any of the aforemen,oned par,es (Individually and Collec,vely, the “Released Par,es” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of ac,on, damage(s), loss, or expense (including court costs and reasonable a[orney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my par,cipa,on in the EVUSA Events, including claims for Liability caused in whole or in part by the negligent, gross or otherwise, acts or omissions of the Released Par,es. I agree that I am not en,tled to any refund of any money paid by me or on my behalf for my or my minor child’s par,cipa,on in any EVUSA Event(s) unless expressly specified otherwise. E. PHOTO RELEASE. I give my permission the EVUSA to use my and/or Minor’s photo or image and/or videotaping and/or artwork for use in general informa,on, promo,onal materials, YouTube, Facebook, and any other marke,ng ac,vi,es or promo,onal materials as the EVUSA exclusively determines without limita,on. All photos, videos, images, etc. loaded onto the EVUSA’s website or posted on any EVUSA social pla`orm become the sole property of the EVUSA for the EVUSA’s use, distribu,on, benefit, and determina,on. F. VOLUNTARY AND KNOWING CONSENT: I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER FROM LIABILITY, AS WELL AS A HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS. I expressly agree that the foregoing assumption of risk, release of claims and indemnity are intended to be as broad and inclusive as permi[ed by law and 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 handwri[en signatures for the purposes of validity, enforceability, and admissibility. By signing below, I, on my own behalf, and or as the Parent/Legal Guardian of the minor iden,fied above hereby accept and agree to the terms and condi,ons of this Agreement in connec,on with my (or the minor’s) par,cipa,on 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 Par,es, I will indemnify, defend and hold harmless each of the Released Par,es from any such Liabili,es as the result of such claim. |