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EQUINE ACTIVITY AGREEMENT RELEASE,AND INDEMNITY

WEREAS, IN CONSIDERATION FOR AND AS AN INDUCEMENT FOR TRUDY A. S. PULLEY, SHON R. PULLEY, AND SOLTERRA FARM LLC AGREEING TO ALLOW THE UNDERSIGNED TO ENGAGE IN EQUINE ACTIVITIES (INCLUDING BUT NOT LIMITED TO RIDING, TRAINING, BOARDING AND/OR CARING FOR ANY "EQUINE" (INCLUDING HORSES, PONIES, MULES, HINNYS, DONKEYS) OWNED, LEASED, OR UNDER THE CONTROL OF THE UNDERSIGNED ON THE PROPERTY LOCATED AT 407 VANN ROAD TRENTON, SC ("SOLTERRA FARM") IN EDGEFIELD COUNTY SOUTH CAROLINA, THE UNDERSIGNED HEREBY AGREES AS FOLLOWS:

1. I (WE) AGREE TO HOLD TRUDY A.S. PULLEY, SHON R. PULLEY (COLLECTIVELY. THE ’’PULLEY'S”), SOLTERRA FARM LLC, THEIR HEIRS, ESTATE, DIRECTORS, OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES (COLLECTIVELY. THE "COMPANY') HARMLESS FROM ANY CLAIM FOR LOSS, INJURY, ILLNESS, OR DEATH THAT MAY BE ALLEGED TO HAVE BEEN CAUSED DIRECTLY OR INDIRECTLY TO ANY PERSON OR THING (INCLUDING THE EQUINES) BY THE ACT OF OTHER PERSONS, OWNERS, GUARDIANS, GUESTS, AND/OR THEIR ANIMALS WHILE AT SOLTERRA FARM.

I Agree

2. I (WE) ACKNOWLEDGE AND AGREE THAT THE PULLEYS, SOLTERRA FARM, OR THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY, DISEASE, THEFT, ILLNESS, OR DEATH WHICH MAY BE SUFFERED BY THE EQUINE(S) WHILE AT SOLTERRA FARM. I (WE) UNDERSTAND AND ACKNOWLEDGE THAT ALL RISKS RELATED TO BOARDING, TRAINING, RIDING, CARE, AND SHIPPING OF HORSE(S), OR FOR ANY OTHER REASON, ARE TO BE BORNE BY US. I (WE) FURTHER AGREE TO HOLD THE PULLEY'S AND SOLTERRA FARM, HARMLESS FROM ANY CLAIM FOR LOSS TO OUR EQUINE(S) BY DISAPPEARANCE, THEFT, DEATH OR OTHERWISE, AND FROM ANY CLAIM FOR DAMAGE OR INJURY TO OUR EQUINE(S), WHETHER SUCH LOSS, DISAPPEARANCE, THEFT, DAMAGE OR INJURY, BE CAUSED OR ALLEGED TO BE CAUSED BY THE NEGLIGENCE OF THE PULLEY'S, SOLTERRA FARM, OR THE COMPANY BY THE NEGLIGENCE OF ANY OTHER PERSON, OR ANY OTHER CAUSE OR CAUSES. THIS WAIVER RELATES SPECIFICALLY TO SOLTERRA FARM PROPERTY. RIDING ON ADJACENT PROPERTY INVOLVES RISKS FOR WHICH SOLTERRA FARM LLC CANNOT BE HELD LIABLE. 

I Agree

3. I (WE) HEREBY ASSUME THE SOLE RESPONSIBILITY FOR AND AGREE TO INDEMNIFY, DEFEND AND SAVE THE PULLEY'S, SOLTERRA FARM, OR THE COMPANY HARMLESS FROM ANY AND ALL LOSS AND EXPENSES (INCLUDING LEGAL AND EXPERT WITNESS FEES ACTUALLY INCURRED) BY REASON OF THE LIABILITY IMPOSED UPON ANY OF THE AFOREMENTIONED PARTIES DUE TO BODILY INJURIES, INCLUDING DEATH AT ANY TIME RESULTING THEREFROM, SUSTAINED TO ANY PERSON OR PERSONS, INCLUDING MYSELF (OURSELVES) OR ON ACCOUNT OF DAMAGE TO PROPERTY, ARISING FROM OUR EQUINE(S), HOWSOEVER SUCH INJURIES, DEATH OR DAMAGE TO PROPERTY OR PERSON MAY BE CAUSED, AND WHETHER OR NOT THE SAME MAY HAVE BEEN CAUSED BY OR ALLEGED TO HAVE BEEN CAUSED BY THE NEGLIGENCE OF THE PULLEY'S, OR SOLTERRA FARM, OR THEIR AGENTS, OR ANY OTHER PERSONS. 

I Agree

4. I (WE) CERTIFY THAT ALL EQUINE(S) BROUGHT ONTO SOLTERRA FARM ARE FREE OF TRANSMITTABLE DISEASE(S) AND HAVE A CURRENT COGGINS. EQUINE(S) TRAVELING FROM OUT OF STATE MUST HAVE VALID HEALTH CERTIFICATE. 

I Agree

5. I (WE) HEREBY ACKNOWLEDGE THAT THE PULLEY'S, SOLTERRA FARM, OR THE COMPANY ARE NOT RESPONSIBLE FOR TOTAL OR PARTIAL ACTS OF NATURE THAT MAY CAUSE THE EQUINE(S) TO REACT IN AN UNSAFE WAY. 

I Agree

6. I (WE) EXPRESSLY ASSUME ALL RISKS FOR MYSELF, GUARDIANS, MY CHILDREN, MY FAMILY MEMBERS, MY PETS, MY ANIMALS, AND ANY GUESTS THAT I (WE) BRING ONTO SOLTERRA FARM, HEREUNDER. IF THE UNDERSIGNED IS A MINOR, I (WE) ASSUME ALL RISKS AND LIABILITY FOR THE UNDERSIGNED MINOR.

I Agree

7. I (WE) AGREE TO FOLLOW ALL POSTED RULES. IT IS RECOMMENDED THAT RIDERS WEAR A HELMET MEETING ASTM SAFETY STANDARDS DURING ALL MOUNTED ACTIVITIES. THE SAFETY OF ALL EQUIPMENT INCUDING VEHICLES, TRAILERS, AND TACK ARE THE SOLE RESPONSIBILITY OF THE UNDERSIGNED. 

I Agree

8. I (WE) HEREBY ACKNOWLEDGE THE RISKS RELATED TO COVID-19 AND OTHER TRANSMITTABLE DISEASES. I (WE) AGREE TO HOLD THE PULLEYS AND SOLTERRA FARM HARMLESS FROM ANY CLAIM, LOSS, OR EXPENSES INCURRED FOR ILLNESS OR DEATH ARISING FROM ANY TRANSMITTABLE DISEASE THAT MAY BE ALLEGED TO HAVE BEEN CAUSED DIRECTLY OR INDIRECTLY FROM EXPOSURE TO THE DISEASE WHILE PRESENT AT SOLTERRA FARM. 

I Agree

9. (WE) ACKNOWLEDGE AND AGREE, BY SIGNING THIS RELEASE AND INDEMNITY, THAT PURSUANT TO S.C. CODE ANNOTATED SECTION 47-9-720, AN EQUINE ACTIVITY SPONSOR OR AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITY, AND NO PARTICIPANT OR PARTICIPANT’S REPRESENTATIVE MAY MAKE A CLAIM AGAINST, MAINTAIN AN ACTION AGAINST, OR RECOVER FROM AN EQUINE ACTIVITY SPONSOR, OR AN EQUINE PROFESSIONAL FOR INJURY, LOSS, DAMAGE, OR DEATH OF THE PARTICIPANT RESULTING FROM AN INHERENT RISK OF EQUINE ACTIVITY. 

I Agree

10. I (WE) UNDERSTAND THAT WE ARE WAIVING THE RIGHT TO BRING A LAWSUIT OR MAKE ANY OTHER CLAIM AGAINST THE PULLEY'S, SOLTERRA FARM, THE HEIRS, ESTATE, DIRECTORS, OFFICERS, AGENTS, VOLUNTEERS, OR EMPLOYEES, AND I FURTHER UNDERSTAND THAT THIS RELEASE AND INDEMNITY WILL BE PRESENTED AS A COMPLETE DEFENSE AGAINST ME IF I (WE) DO BRING ANY LAWSUIT OR CLAIM AGAINST CHE PULLEY'S, SOLTERRA FARM, THE HEIRS, ESTATE, DIRECTORS, OFFICERS, AGENTS, VOLUNTEERS, OR EMPLOYEES. THIS RELEASE SHALL BE BINDING UPON MY (OUR) HEIRS, EXECUTORS, ADMINSTRATORS, AND ASSIGN. 

I Agree

MY SIGNATURE BELOW CERTIFIES THAT I (WE) HAVE READ THIS ENTIRE DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARY SURRENDER CERTAIN LEGAL RIGHTS.

November 22, 2024

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