DAIGLE FARMS FARM CAMP - Signature D Horses

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DAIGLE FARMS FARM CAMP WAIVER

Daigle Farms , LLC

General Release and Waiver of Liability

In consideration of the services provided by Daigle Farms, LLC (hereinafter “Farm”) and to participate in amusement activities at the Farm (the “Activities”), I, on behalf of myself and on behalf of my child or children and any other minors within my care as listed below (“Minors”), agree to the following terms and conditions. I understand that this document affects my legal rights and the legal rights of the Minors, and that by signing below I acknowledge that I have read and understood the disclosure of risks, voluntarily accept those risks, and agree to be bound by all terms and conditions of this agreement.

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Please initial each statement in the box to the left. Type your name at the bottom section to agree to Waiver. On submission of this form, the waiver will be sent to your email address and the owner of Signature D Horses. Thank you.

A. NATURE OF AGREEMENT. In consideration of the services Signature D its, owners, agents, employees, volunteers, land owners, barn owners, and all other persons or entities acting in any capacity on its behalf, I agree to release and discharge Signature D, land owners, & barn owners on behalf of myself , my spouse, domestic partner, children, parents, heirs, assigns, personal representative and estate, from any liability that may arise there from as set forth below.*

1. General Release and Waiver of Liability.

INCONSIDERATION OF THE SERVICES PROVIDED BY THE FARM AND OF THE PERMISSION GRANTED BY THE FARM TO USE THE FARM’S PROPERTY, FACILITIES, ANDSERVICES AND TO PARTICIPATE IN THE ACTIVITIES, I, FOR MYSELF AND ON BEHALF OFMY SPOUSE, CHILDREN, WARDS, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXTOF KIN (THE “RELEASING PARTIES”), VOLUNTARILY RELEASE AND FOREVER DISCHARGE ANDAGREE NOT TO SUE THE FARM OR ITS AGENTS, MEMBERS, MANAGERS, OWNERS, OFFICERS,DIRECTORS, PRINCIPALS, VOLUNTEERS, PARTICIPANTS, INSURERS, FACILITY OPERATORS,LESSORS, SUCCESSORS, ASSIGNS, EQUIPMENT SUPPLIERS OR MANUFACTURERS, TRAINERS,INTELLECTUAL PROPERTY HOLDERS, OR ANY OTHER PERSONS OR ENTITIES ACTING IN ANYCAPACITY ON THE FARM’S BEHALF (HEREINAFTER COLLECTIVELY REFERRED TO AS THE“PROTECTED PARTIES”) FROM LIABILITY FOR ANY CLAIMS CONNECTED WITH OR ARISINGFROM MY OR THE MINORS’ PARTICIPATION IN THE ACTIVITIES OR USE OF THE FARMFACILITIES, INCLUDING, TO THE EXTENT ALLOWED BY LAW, ANY SUCH CLAIMS WHICHALLEGE NEGLIGENT ACTS OR OMISSIONS OF ANY OF THE PROTECTED PARTIES.

I UNDERSTAND THAT THIS RELEASE OF LIABILITY WILL PREVENT ANY OF THE RELEASINGPARTIES, INCLUDING ME AND THE MINORS, FROM BRINGING ANY LAWSUIT OR MAKING ANYCLAIM FOR PERSONAL INJURY, DAMAGES OR DEATH CONNECTED WITH PARTICIPATING IN THEACTIVITIES OR USING THE FARM FACILITIES.

B. ACKNOWLEDGEMENT OF RISKS. I acknowledge the known and inherent risks of wagon riding include, but are not limited to, the following, many of which can scare the mules, cause it or its rider to fall or react in an unsafe manner. 1) weather conditions, including temperature, wind and wind driven objects, rain and snow, lightning, thunder, fog, excessive heat and sun some of which may change quickly; 2) hypothermia (being too cold) and hyperthermia (being too hot); 3) wagon riding and street conditions, including icy, snowy, muddy, slippery, and loose footing, water crossings, falling rocks, branches and timber, fences, natural and man-made changes in the landscape and motorized or non-motorized traffic; 4) contact with plants, insects, reptiles, dogs, and other wild or domestic animals, reptiles which may walk, run, or fly near, or may bite or sting, a mule or rider; 5) improper first aid, emergency treatment or other attempt ed rescue services, and the unavailability of life saving services or immediate medical attention in the case of injury; 6. Unavailability of telephone or other communication services to summon aid or for other purposes; 7) my own physical condition and or omissions; 8) my own and other riders’ attempts to exceed riding skills or riding in a careless, reckless, or improper manner; 9) injury to a horse; 10) the failure of a horse to respond to a rider’s commands; 11) unpredictability of a horse’s behavior; including, but not limited to, stopping suddenly, rearing, swerving, spinning, becoming spooked, bucking, suddenly accelerating, kicking, falling down, dipping its neck or body or grazing; 12) my own failure or that of other riders to follow the safety guidelines and commands or instructions of those ; 13) improper use of equipment; 14) inadequate repair or maintenance of Signature D’s facilities and equipment including but not limited to saddles, bridles, and other riding equipment; 15) manufacturing or other defects, both apparent and latent, in equipment supplied or used by Signature D; 16) vehicular or pedestrian accident while riding a horse on public streets or roadways, 17) vehicular or pedestrian accident while being transported or walking to or from Signature D Horse Center or any of its staging areas; 18) error or negligence on the part of independent contractors using the facilities of Signature D or on the part of employees, or volunteers of Signature D , including, insufficient, wrong, or inappropriate instruction or assistance. *

2. Acknowledgement of Risks.

I understand that myparticipation and the participation of the Minors in the Activities involvesknown and unanticipated risks that could result in physical or emotionalinjury, paralysis, death, or damage to me, to the Minors, or to third parties.Such risks (the “Risks”) include:

– the risks inherent in the Activities, including but not limited to slippingand falling, collisions with fixed objects and/or other participants,unexpected failure of equipment, over-exertion, and sustaining lacerations orcontracting any illnesses from contact with equipment and/or flooring surfaces atthe Farm;
– the negligent acts or omissions of the Protected Parties, or their agents oremployees;
– defects in the Farm facilities;
– improper or inadequate instruction or supervision regarding the Activities oruse of the Farm facilities;
– the behavior of other participants in the Activities;
– accidents or incidents in the Farm facilities; and
– first aid, emergency treatment or services rendered, improperly rendered orfailed to be rendered by the Protected Parties or their agents or employees.

Possible injuries include, but are not limited to,bruises, sprains, scrapes, contusions, lacerations, broken bones, eye injuries,torn ligaments, joint injuries, internal injuries, brain injuries andconcussions, permanent disabilities, heart attack, and death.

I understand and acknowledge that the above lists are notcomplete or exhaustive, and that other known or unanticipated risks may alsoresult in injury, death, illness or damage to me, to the Minors or to ourproperty.

I understand and acknowledge that it is the Farm’s policythat its Participants review the Farm’s safety rules which covers some but notall of the Risks related to the Farm upon each visit to the Farm, and I agreethat both I and the Minors will adhere to the safety policy.

D. ASSUMPTION OF RISK. I knowingly & voluntarily assume all of the risks inherent in engaging in wagon riding, including those that may not be specifically enumerated herein. *

3. Assumption of Risks.

After being fully informed of theabove risks, I, on my own behalf and, to the fullest extent allowed by law, onbehalf of all Releasing Parties and the Minors, expressly agree and promise toaccept and assume all known and unanticipated risks associated withparticipation in the Activities and use of the Farm’s facilities, including theRisks listed above, and I voluntarily elect to participate and to allow theMinors to participate in the Activities and use the Farm’s facilities.

I AGREE THAT THERE ARE CERTAIN RISKS INHERENT IN THE ACTIVITIES THAT CANNOT BEAVOIDED OR ELIMINATED, AND THAT BY SIGNING THIS FORM I AM GIVING UP MY RIGHTAND THE RIGHT OF THE MINORS TO RECOVER FROM THE PROTECTED PARTIES IN A LAWSUITOR OTHER PROCEEDING FOR ANY DAMAGES, INCLUDING PERSONAL INJURY OR DEATH TO MEOR THE MINORS, THAT RESULTS FROM SUCH RISKS. I UNDERSTAND THAT I HAVE THE RIGHTTO REFUSE TO SIGN THIS FORM, AND THE FARM HAS THE RIGHT TO REFUSE TO LET ME ORTHE MINORS PARTICIPATE IF I DO NOT SIGN THIS FORM.

E. NATURE OF SIGNATURE D’s HORSES/MULES. Although Signature D chooses its horses/mules for their calm dispositions, & sound, basic, training, no horse/mule is completely safe. Horses are larger, more powerful and faster than a human. If a rider falls from the wagon to the ground, it will generally be a distance of 3-1/2 to 5-1/2 feet, and the impact may result in injury to the rider. If a mule is frightened or provoked, it may divert from its training and act according to its natural survival instincts, which include, but are not limited to: 1)stopping short; 2) changing direction or speed at will; 3) shifting its weight; 4) bucking, rearing, or kicking; 5) biting; and 6) running from danger. Due to the unpredictability of a mule’s behavior, Signature D makes no warranty of any kind, express or implied, as to the habits, disposition, suitability, nature or physical condition of any mule.*

4. Indemnification Agreement.

I hereby agree to holdharmless, indemnify and defend the Protected Parties from and against any andall claims, losses, actions, proceedings, costs, expenses, damages, settlementamounts and liabilities (including claims brought by any of the ReleasingParties or Minors) and any and all costs and expenses in connection therewith,including attorneys’ fees and costs of investigation (collectively the“Claims”), arising out of or connected with my or the Minors’ participation inthe Activities or use of the Farm’s facilities, regardless of whether theClaims are the result of the negligent acts or omissions of myself, the Minors,the Protected Parties, or third parties, including other participants in theActivities. Such indemnity obligation shall include, but not be limited to, anyclaim, action or proceeding that alleges that I or the Minors negligently orintentionally caused any injury, death or damage to other participants in theActivities or other third parties at the Farm.

F. HARNESS EQUIPMENT- NATURAL LOOSENING. I understand belly bands (bands around the mule’s belly) may loosen before or during a ride. If a rider notices such loosening, he or she must alert the nearest guide, instructor or Signature D employee as quickly as possible so action may be taken to avoid slippage of the ha and a potential fall from the horse. I also understand that I or my child is responsible for checking and knowing when equipment is unsafe, including but not limited to bridles, bits, reins, belly bands, badly fitting harness, and other control or riding equipment. If you do not know how to inspect the equipment, you must notify an instructor or employee of Signature D before entering the wagon. I also understand that tack could fail.*

5. Release of Rights to Audio, Video and PhotographicImages.

I hereby grant the Farm on behalf of myself and the Minors theirrevocable right and permission to photograph and/or record me or the Minorsin connection with the Activities and the Farm and to use the resultingphotographic images, audio or video for all purposes, including advertising andpromotional purposes, in any manner and in any media now or hereafter known, inperpetuity throughout the world, without restriction as to alteration, and withoutany reimbursement of any kind due to me or the Minors. On my behalf and onbehalf of the Minors, I waive any right to inspect or approve the use of anysuch photographic image, audio or video. I agree that the Farm will be theexclusive owner of all rights, including but not limited to the copyrights, inand to the photographic images, audio and video and the results and proceeds ofmy participation hereunder.

G. PROTECTIVE HEADGEAR. Signature D does not provide helmets for the wagon ride. I understand that it is the legal guardian of the child to purchase a riding helmet. *

6. Certifications.

In order to assist the Farm in effectively providing for the safety of me andthe Minors, I certify that:

– I have no knowledge of any health problems that wouldcause participation in the Activities to negatively impact my health or thehealth of the Minors
– I and the Minors possess a sufficient level of physical fitness and skill tosafely participate in the Activities, and neither I nor the Minors have anypre-existing physical or medical conditions that might be impacted or worsenedby use of the Farm, including pregnancy, orthopedic problems, including backproblems, heart problems, or breathing problems
– I will not use or allow the Minors to use the Farm while any of us are underthe influence of any drugs, alcohol or medications that may impair our physicalactivities or judgment
– I agree to follow (and cause the Minors to follow) all safety rules of the Farmand to alert the Farm staff to any rules violations or dangerous behavior ofother participants
– I understand that my failure or refusal to abide by the safety rules of the Farmor by instructions and directions of Park staff can lead to the immediaterevocation of my right to use the Farm, without any right to refund of anypayments made
– I will notify Farm staff before I or the Minors participate in Activities ifany of us have been diagnosed with behavior disorders or are taking anybehavior modification medications
– I will inform Farm staff immediately if I or the Minors feel any unusualdiscomfort while participating in the Activities and will immediately stop (orcause the Minors to stop) participation in the Activities
– I am aware that Farm staff may need to end my or the Minors’ participation inthe Activities if my or the Minors’ actions present a danger to myself orothers.

– I authorize the Farm staff to administer emergencyfirst aid and CPR to myself and to the Minors when deemed necessary by the Farmstaff
– I authorize the Farm staff to secureemergency medical care or transportation if deemed necessary by Farm staff, andI agree to assume all costs of emergency medical care of transportation.
– I acknowledge that the Farm encourages each participant to obtain medicalclearance prior to participating in the Activities
– I have adequate insurance to cover any injury or damage I and the Minors maycause or suffer while participating in the Activities, or if not, I agree tobear the costs of such injury or damage to myself, the Minors and others.

H. LEGAL ACTIONS CONCERNING AGREEMENT. Should Signature D, staff, barn owners, or land owners or anyone acting on its behalf be required to incur attorney’s fees and costs in an action or proceeding brought by me that is barred by this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. I agree that substantive Mississippi state law (and not only conflict of law rules) rather than the law of any other state or jurisdiction shall be applied in any legal action involving the interpretation, validity or enforce ability of this Agreement, and that any legal action resulting from my participation in this activity shall be brought only in Newton County, Mississippi. In the event that any portion of this Agreement is deemed invalid or unenforceable, all other portions of this Agreement shall remain in full force and effect. *

7. Term of Agreement.

I understand that this agreementshall continue in effect and will be in full force and legal effect each andevery time I or the Minors visit the Farm, whether at the current location orany other location or facility. I agree that the Farm may require me to sign anew agreement at any time as a requirement for my participation or theparticipation of the Minors in the Activities.

I. WAIVER OF LIABILITY OR CONDITIONS OF PARTICIPATION. I, as the rider, or on behalf of my child if the rider is a minor, hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Signature D, barn owner, staff & land owner from any and all claims, demands, or causes of action which are in any way connected with my participation in any equestrian activity or use of Signature D’s , barn owners’, staff, or land owners’ horses, equipment, stables or facilities, including any such claims which allege negligent acts or omissions by Signature D, barn owners, staff, or land owners. I will not initiate a lawsuit nor bring any claims, demands, or causes of action against Signature D, barn owners, staff, or land owners for any economic or noneconomic losses due to bodily injury, property damage, sustained by me or my minor children in relation to the premises and operations of Signature D, barn owners, staff, or land owners to include while riding, handling, or otherwise being near horses owned by, or in the care of, Signature D, whether on or off the premises of Signature D. I further expressly agree and promise to accept and assume all of the risks existing in wagon riding. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks of participating in horseback riding. *

8. Attorney’s Fees.

I promise to indemnify the Farm forany attorneys’ fees and costs incurred by the Farm to enforce this agreement,including costs associated with any collection efforts. If the Farm obtains ajudgment against me pursuant to this agreement, prejudgment and post-judgmentinterest shall accrue thereon at the maximum amount allowed by applicable law.

J. STATEMENT OF HEALTH INSURANCE. Signature D, barn owners, land owners, or staff requires all participants of its activities to have and maintain a health insurance policy, and by signing this release I am affirming that I do have and maintain a health insurance policy. I further understand that in the case of an injury while participating at Signature D, it will be my only resource for compensation for that injury. *

9. Governing Law; Venue; Dispute Resolution.

Thisagreement shall be governed by and interpreted in accordance with the laws ofthe state of Mississippi without regard to the conflict of law rules of thestate of Mississippi. I agree and acknowledge that any claim or dispute arisingfrom or related to this agreement or the relationship of the parties in anyrespect thereto shall first be submitted to mediation, and that engaging insuch mediation is a condition precedent to bringing any claim against the Farmarising from or related to this agreement. Such mediation may be initiated byeither party by providing a written demand for mediation to the other party andshall be conducted in Decatur, Mississippi in accordance with the then current CommercialMediation Procedures of the American Arbitration Association (“AAA”).

IFSETTLEMENT IS NOT REACHED WITHIN SIXTY (60) DAYS AFTER DELIVERY OF A WRITTENDEMAND FOR MEDIATION, SUCH CLAIM OR DISPUTE SHALL BE SUBMITTED TO AND BESETTLED BY FINAL AND BINDING ARBITRATION IN Decatur, Mississippi IN ACCORDANCE WITH THE THEN CURRENT COMMERCIALARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. If arbitration isnot available, or in the event of litigation to enforce arbitration orsettlement between the parties to this agreement, I agree that solejurisdiction and venue shall be in the state and federal courts located in Decatur,Mississippi, and I waive any defense of jurisdiction and/or venue that may nowor hereafter exist.

K. SOCIAL MEDIA: Pictures will be taken throughout the day at Signature D. I understand & approve mine & my child’s picture being taken and posted to a website & or social media platform.*

10. Entire Agreement; Severability.

I understand thatthis is the entire agreement between the undersigned and Daigle Farms, and thatit cannot be modified or changed in any way by the representations orstatements of the Farm or its employees or agents or by the undersigned. Thisagreement supersedes any and all previous oral or written promises oragreements.
I understand and agree that this agreement is intended to be as broad andinclusive as permitted by the laws of the state of Mississippi and that if any portion thereof is heldinvalid, it is agreed that the remainder of the agreement will remain in effectand will continue in full legal force and effect.

L. SIGNER STATEMENT OF AWARENESS AND UNDERSTANDING. By signing this document, I acknowledge that if I am hurt or any property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Signature D, land owners, barn owners, & staff on the basis of any claim which I have released herein. I have had sufficient opportunity to read this entire document and ask any questions that I may have. I acknowledge that I would have alerted Signature D if my comprehension of the English language is not sufficient to fully appreciate this Agreement’s provisions. I have read and understand it, and I agree to be bound by its terms on this and every occasion hereafter upon which I may rent, borrow, stable, take lessons, or otherwise use a horse from Signature D. I affirm that all facts concerning the rider’s physical and medical condition, age, and experience are true and correct. *

11. Effect of Agreement.

I have read the above and fullyunderstand the terms of this agreement and I have either consulted an attorneyregarding the agreement or have elected not to do so.

I AM AWARE THAT BY READING THIS AGREEMENT AND ENTERING DaigleFarms’ PROPERTY, I AM GIVING UP RIGHTS THAT I MAY HAVE TO BRING A LEGAL ACTIONOR ASSERT A CLAIM AGAINST THE PROTECTED PARTIES ON THE BASIS OF THEIR NEGLIGENTACTS OR OMISSIONS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I MAY BE FOUNDBY A COURT OF LAW TO HAVE FOREVER WAIVED MY RIGHTS AND THE RIGHTS OF THERELEASING PARTIES AND THE MINORS TO MAINTAIN ANY ACTION AGAINST THE PROTECTEDPARTIES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THE PROTECTEDPARTIES.

I am giving up these important legal rights voluntarily, freely, underno threat of duress, without inducement, promise or guarantee beingcommunicated to me. I have had reasonable and sufficient opportunity to readand understand this entire agreement. I unconditionally agree to the fullterms, statements, warranties, notices, representations, waivers and releasescontained in this agreement on behalf of myself, the Releasing Parties and theMinors listed below.

I certify that I am the parent, legal guardian or authorized agent of theMinors listed below and that I have authority to sign this agreement on theirbehalf. I also certify that the information provided below for each Minorparticipant is true and correct.

Minor (1)

Date (Minor 1)

Minor (2)

Date (Minor 2)

Parent / Legal Guardian Name (Electronic Signature)

Parent / Legal Guardian Signature Date

DAIGLE FARMS FARM CAMP WAIVER

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