I, will be participating in Heroes and Horses’ 41-day program in southwest Montana (“Program”). I have reviewed the Program description and other information available at heroesandhorses.org/logistics-and-application. I understand that the Program takes place on a remote ranch and in other remote, backcountry, and wilderness settings. Throughout the course of the Program, I will live and work long, difficult days on a ranch and in the backcountry. The Program is designed to be demanding and designed to present me with challenges and adversity. The Program involves horsemanship, riding, pack trips, hiking, camping, backcountry travel, physical training, cold water plunges, and other similar work and recreational opportunities. In light of these and other activities and in light of the demanding nature of the Program, I understand that the Program necessarily involves inherent dangers and risks that cannot be mitigated or eliminated without fundamentally altering the Program and its purposes. I wish to participate in the Program because of the recreational opportunities and demands it involves, and I acknowledge the risks of participating in the Program. I acknowledge that participating in the Program involves inherent dangers and risks that cannot be eliminated and that may result in personal injury, death, or property damage. For each and every component of the Program, I acknowledge that such inherent dangers and risks may include, but are not limited to: death; concussion, broken bones, lacerations, cuts, bruises, blisters, burns, sprains, strains, and other injuries; exposure to rapidly changing weather conditions, including wind, rain, hail, snow, lightning; hypothermia; hyperthermia; sunburn; heat exhaustion; heat stroke; altitude sickness; bites, stings, kicks, or attacks from snakes, insects, bears, horses, or other wild or domestic animals; contact with poisonous, toxic, or irritating plant life; distance from and inaccessibility to immediate medical attention; unavailability of medical treatment; physical exertion for which I am not prepared or in condition for; travel over rough terrain; falling rocks; acts or omissions of other Program participants; injury, death, or property damage resulting from failing to follow instructions of Heroes and Horses personnel; failure to use helmets or other safety equipment appropriate to the Program activities; and those risks associated with transportation in a motor vehicle. For the components of the Program involving interactions with or activities near horses, mules, or other equines (“Equine Activities”), I acknowledge that there are additional inherent risks, including but not limited the risk of death, injury, or property damage related to: the propensity of horses, ponies, mules, donkeys, and hinneys (“Equines”) to behave in ways that may result in injury or harm to or the death of persons on or around the Equine; unpredictability of an Equine’s reaction to such things as medication, sounds, sudden movement, and unfamiliar objects, persons, or other animals; hazards, such as surface and subsurface ground conditions; collisions with other Equines or objects; the potential that I or another Program participant will not maintain control over an Equine or act within our ability; entrapment in Equine Activity equipment or tack; falling or being thrown from an Equine; being bitten or kicked by an Equine. For the components of the Program involving camping, hiking, mountain climbing, physical training, backcountry travel, and other similar activities, I acknowledge that there additional inherent risks, including but not limited to the risk of death, injury, or property damage related to: dangers caused by rocks, stumps, gravel, loose dirt, and other marked and unmarked natural and manmade obstacles; falling rocks, falling trees or tree limbs, and other flying debris; rough or deteriorating trail or land conditions; changing trail or land conditions; changing environmental conditions; changing weather conditions; restricted visibility; misunderstanding or misrepresentation of my abilities or physical condition; failure to stay the trail or path; becoming disoriented or lost; exposure to environmental elements or weather for which I am not prepared or have not brought the proper equipment; failure to wear, pack, or properly use protective equipment; and misuse, malfunction, or deterioration of activity equipment. Inherent to cold water plunges, swimming, and other activities in and around water, I acknowledge that there are additional inherent risks, including but not limited to the risk of death, injury, or property damage related to: drowning; hypothermia; cold shock response, including loss of breathing control or heart or blood pressure problems as a result of exposure to cold water; turbulent, dangerous, or rapidly changing water conditions; travel over rough, slippery, uneven, submerged, or changing terrain; and entrapment of clothing, equipment, or body parts in rocks, trees, mud, plant life, diversionary structures, or other marked and unmarked natural and manmade obstacles. I also acknowledge that there are natural, mechanical and environmental conditions and risks associated with participating in the Program that independently or in combination with my actions may cause severe or fatal injuries to me or others. I acknowledge that I could suffer severe or fatal injuries while participating in the Program, even if I, Heroes and Horses, and Heroes and Horses personnel act with the utmost care and ability. I acknowledge that participating in the Program is not appropriate for individuals with certain medical conditions or who are under the influence of alcohol or drugs. I affirm that my health is good, and that I am not under a physician’s care for any undisclosed condition that might endanger my health or that of other participants. I recognize the inherent risks of injury, disability, death, or property damage involved participating in the Program. I agree that I have a duty at all times to follow the instructions of Heroes and Horses personnel and to conduct myself while participating in the Program in a manner that avoids injury to me and others and to be aware of the inherent dangers and risks of participating in the Program. I accept all legal responsibility for injury or damage of any kind that occurs during, results from, or is in any way related to my participation in the Program and participation in the related recreational opportunities, including but not limited to injury or damage that results from inherent dangers and risks of such activities, including but not limited to those known inherent dangers and risks identified above. BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE. I have carefully read this complete Acknowledgment and Assumption of Inherent Dangers and Risks, fully understand its contents, and sign the same of my own free will and accord. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT THIS CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (the “Agreement”) is entered into by and between HEROES AND HORSES, INC. ("Heroes and Horses"), a Montana non-profit corporation, and the undersigned STUDENT, VOLUNTEER, EMPLOYEE, OR GUEST (“Signatory”). RECITALS: A.Signatory may become acquainted with Heroes and Horses’ Confidential Information through participation, involvement, and/or association with Heroes and Horses and its unique program. B.Heroes and Horses’ program and its development is unique and proprietary to Heroes and Horses. C. Heroes and Horses could be irreparably damaged by Signatory’s disclosure of Confidential Information as defined herein. D. Heroes and Horses will foreseeably incur economic and/or reputational harm for Signatory’s failure to strictly adhere to the terms of this Agreement. E.Signatory acknowledges that Signatory’s adherence to all terms and conditions of this Agreement is a material term and condition of Signatory’s participation, involvement, and/or association with Heroes and Horses and its program; that Heroes and Horses would not have permitted Signatory’s participation, involvement, and/or association nor disclosed Confidential Information to Signatory but for Signatory’s promises to abide by this Agreement; and that this Agreement is necessary to prevent the unauthorized use and disclosure of Confidential Information. NOW, THEREFORE, in consideration of the mutual promises and undertakings of the parties hereinafter set forth, it is agreed as follows: 1. Confidential Information. a. For the purposes of this Agreement, the term “Confidential Information” shall mean nonpublic information that Heroes and Horses designates as being confidential or which under the circumstances surrounding disclosure ought to be treated as confidential by Signatory, and shall include but not be limited to any and all trade secrets, intellectual property, and otherwise private or proprietary information of Heroes and Horses and its program (including, but not limited to any information relating to: program information and structure; any actual or potential student, volunteer, guest, or employee, including the foregoing’s names, addresses, contact persons, needs and preferences; trade secrets, computer access codes; policies and manuals; pricing; vendors and suppliers; plans; personnel files, compensation or benefits; products or services in development; ideas, concepts and know-how; finances; methods of doing business; and business strategy and marketing plans) and any other confidential information without limitation of Heroes and Horses, and shall include any of the above-described information that may have been developed by Signatory. a. Signatory shall not (i) disclose Confidential Information to any person other than to authorized individuals who have a need to know such information, or (ii) use Confidential Information at any time or for any purpose other than in the course and scope of Signatory’s participation, involvement, and/or association with Heroes and Horses or its program. Signatory shall maintain the confidentiality of Confidential Information with reasonable care and in compliance with all applicable law. Upon the termination of Signatory’s participation, involvement, and/or association for any reason, Signatory shall immediately deliver to Heroes and Horses all copies of Confidential Information, whether in hard copy, electronic form, or other media, and completely and permanently delete all such Confidential Information from any computer hard drive, external hard drive, thumb drive or other electronic media of any nature in Signatory’s possession, custody or control. b. With respect to Confidential Information that constitutes trade secrets pursuant to applicable law, Signatory’s nondisclosure obligations shall continue for so long as such Confidential Information shall continue to constitute trade secrets. With respect to Confidential Information that does not constitute trade secrets or that ceases, through no fault on the part of Signatory, to constitute trade secrets pursuant to applicable law, Signatory’s nondisclosure obligations shall continue until the later of (i) five (5) years after the expiration of the term of this Agreement, or (ii) five (5) years after such Confidential Information ceases, through no fault of Signatory, to constitute trade secrets. Notwithstanding any other provision of this Agreement, Signatory’s nondisclosure obligations with respect to nonpublic information of third parties shall continue for so long as such information is to be maintained pursuant to applicable law. c. The foregoing nondisclosure obligations shall not apply to information that, as established by competent, documented evidence: (i) is already known to Signatory prior to disclosure by Heroes and Horses; (ii) becomes publicly available without fault of Signatory; (iii) is rightfully obtained by Signatory from an independent third party free of any nondisclosure obligation; (iv) is developed independently by Signatory without use of Heroes and Horses’ Confidential Information; or (v) is required to be disclosed by law, provided that Signatory provides reasonable notice to Heroes and Horses of such required disclosure and reasonably cooperates with Heroes and Horses in limiting such disclosure; and provided that the foregoing exceptions shall not apply to nonpublic information of third parties to the extent that the confidentiality of such information is to be maintained pursuant to applicable law. 2. Defend Trade Secrets Act Notification. Signatory hereby acknowledges receipt of the following notification: a. Signatory has been notified in accordance with the Defend Trade Secrets Act of 2016 that Signatory will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (2) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made in a complaint or other document that is filed under seal in a lawsuit or other proceeding. b. Signatory has been further notified that if Signatory files a lawsuit for retaliation for reporting a suspected violation of law, Signatory may disclose necessary trade secrets to Signatory’s attorney and use the trade secret information in the court proceeding if Signatory: (a) files any document containing the trade secret under seal; and (b) does not disclose the trade secret, except pursuant to court order. 3. Injunctive Relief. In addition to any and all legal and equitable recourse, relief, and damages to which Heroes and Horses may be entitled, it is agreed that it would be impracticable or extremely difficult if not impossible to measure damages to Heroes and Horses from any breach of this Agreement by Signatory or any affiliated entity, that injury to Heroes and Horses from any such breach would be great, incalculable and irremediable, and that damages for such breach would be an inadequate remedy. Therefore, notwithstanding any other provision of this Agreement, Heroes and Horses shall be entitled to seek an injunction, specific performance or other equitable relief without the need of posting a bond in the event of any breach or threatened breach by Signatory of his or her obligations under this Agreement. 4. Reasonableness. The parties agree that the covenants in this Agreement are reasonably necessary to protect the Confidential Information and goodwill of Heroes and Horses in light of its activities and business; that they do not impose an unreasonable limitation on Signatory’s ability to earn a living; that the potential harm to Heroes and Horses that would result from the non-enforcement of this Agreement would outweigh the potential harm to Signatory resulting from the enforcement of this Agreement by injunction or otherwise; and that Heroes and Horses would not have hired or employed Signatory nor disclosed Confidential Information to Signatory but for Signatory’s promises to abide by such covenants and the assurance that such covenants are enforceable. 5. Miscellaneous. a. This Agreement shall be binding upon and inure to the benefit of the parties and to their respective successors and assigns.
b. This Agreement may not be amended except by writing, fully executed by each of the parties. c. The construction, interpretation, and enforcement of this Agreement shall at all times and in all respects be governed by the laws of the State of Montana, without reference to Montana’s choice of law or conflict of law provisions or principles.
d. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
e. In the event that either party initiates legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover from the defaulting party reasonable attorney’s fees and court costs attributable to said action.
f. Any provisions necessary to effectuate the purpose of this Agreement shall survive the termination hereof.
g. If any one or more of the provisions of this Agreement should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, then: i.the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable shall be unaffected; ii. the effect of the ruling shall be limited to the jurisdiction of the court or other government body making the ruling; iii. the provision(s) held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein and a provision having a similar economic effect shall be substituted; and iv. if the ruling and/or the controlling principle of law or equity leading to the ruling, is subsequently overruled, modified, or amended by legislative, judicial, or administrative action, the provision(s) in question as originally set forth in this Agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
h. This Agreement constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. i. No waiver, express or implied, of any breach of any provision of this Agreement shall be effective unless it is in writing and signed by the waiving party, and no such waiver shall be considered a waiver of any breach of any other provision of this Agreement, or of any subsequent breach of the same provision. j. Each party agrees to execute and to deliver such other and further instruments and to take such further actions as are reasonably necessary to effectuate the provisions of this Agreement. k. Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or with respect to this Agreement or any provision of this Agreement. This Agreement and all of its provisions and conditions are for the sole and exclusive benefit of the parties to this Agreement and their successors and assigns. l. The headings of the particular paragraphs or subparagraphs of this Agreement are intended for guidance only and shall not be relied upon in the construction or interpretation of this Agreement, nor shall they restrict the scope or operation of the particular paragraphs or subparagraphs to which they refer. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives of the date written below. CAUTION: READ BEFORE SIGNING! SIGNATORY POLICY FOR USE OF ALCOHOL BY PROGRAM PARTICIPANTS 1. Alcohol abuse among the veteran population is a well-documented fact. We, at Heroes and Horses have a clear understanding of the devastating effects substance abuse- specifically alcohol- have on men and women who may be suffering from trauma. We have witnessed firsthand the damage alcohol has done to individuals, families and loved ones. We are clear in our understanding of the inhibitors to healthy decision making and recognize that in order to gain clarity in our lives, we must remove all obstacles that impede that process. 2. Use or possesion of alcohol or any drugs not prescribed by medical professionals is not authorized. 3. If required by state or local deferment programs, participants will be monitored at the prescribed rate utilizing a breathalyzer or a urinalysis screen by the program director or designated staff member. He will also be subject to random breath tests anytime alcohol use may be suspected. All negative tests will be documented and sent to appropriate authorities as directed by legal authority. Any test result above a 0.00 BAC or test refusal will result in immediate termination in the program with the participant’s immediate return to the airport of origin and direct and immediate reporting to the court of the infraction. 4. The individual named below (referred to as "I" or "me" or "Participant") have read and understand the Heroes and Horses policy for participant vehicle usage while in the Heroes and Horses Program. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE SUBJECT POLICY
POLICY FOR USE OF VEHICLES BY PROGRAM PARTICIPANTS 1. At the Double H ranch there are several vehicles specifically used for conducting the business of the ranch. Most of those are for use on the ranch only for transport of personnel and equipment in order to ensure the efficient operation of the ranch and for supporting the Heroes and Horses Program. 2. Additionally, there are vehicles which can be used for off-ranch travel. Those vehicles, as above, are to be used for specific tasks relating to operations of the ranch and off-ranch transportation directly supporting the Heroes and Horses Program. 3. Additionally, Heroes and Horses staff and volunteers oftentimes have personally owned vehicles that are parked on the ranch while conducting business associated with ranch operations and supporting the Heroes and Horses program. 4. Participants in the Heroes and Horses program are not authorized to operate motor vehicles at any time during the program. Keys are to be kept outside of access to participants at all times. Participants who violate this policy will not be allowed to complete the program. 5. The only exemption from this policy will be in exigent circumstances where there is a danger to life, limb, or eyesight of staff, volunteers, or participants and all other options have been exhausted. That decision will be made by Heroes and Horses staff and will be for the time limited to the specific transportation task necessary. 6. The individual named below (referred to as "I" or "me" or "Participant") have read and understand the Heroes and Horses policy for participant vehicle usage while in the Heroes and Horses Program. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE SUBJECT POLICY HEROES AND HORSES
PHOTO AND AUDIO CONSENT FORM Without expectation of compensation or other remuneration, now or in the future, I hereby give my consent to Heroes and Horses to use my image and likeness and/or any interview statements from me in its publications, advertising or other media activities (including the Internet). This consent includes, but is not limited to: (a) Permission to interview, film, photograph, tape, or otherwise make a video reproduction of me and/or record my voice; (b) Permission to use my name; and (c) Permission to use quotes from the recorded interview(s) (or excerpts of such quotes), photograph(s), tape(s) or reproduction(s) of me, and/or recording of my voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings for educational and awareness. This consent is given in perpetuity, and does not require prior approval by me. June 1, 2025
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