International Travel Release Hold Harmless

Recreational Activity Release and Indemnity Agreement for Travel Agent in Connection with Horseback Riding Related Tours

This Recreational Activity Release and Indemnity Agreement is voluntarily and knowing entered into between , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Travel Agent, and , of , referred to herein as Participant.

The term “Travel Agent” shall be deemed, for purpose of this Agreement, to include , its employees, directors, and agents, its affiliates such as the owners and/or operators of Tack Shops who directly or indirectly recommend Travel Agent and/or the Tour, and all Tour Operators.

Whereas, Travel Agent is acting as the travel agent for an upcoming Horseback Riding Related Vacation and Tour, referred to herein as the Tour; and

Whereas, Travel Agent will not book such a Tour unless the participant signs a Recreational Activity Release and Indemnity Agreement in favor of Travel Agent; and

Whereas, the undersigned Participant desires to participate is the Tour;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Participant acknowledges that he will be engaged in activities involving horses and other potentially dangerous recreational activities. Participant is informed and understands the following:

• There are significant risks and dangers involved with horses and horseback riding and that horses are powerful and potentially dangerous animals;

• A horse may, at any time, without warning, and for no reason, jump up, forward, backward, or sideways;

• A horse may become uncontrollable, run wildly, buck, bite, kick, rear up, or step on feet or other body parts without warning;

• Horses become tired, stressed, cantankerous, and their behavior is unpredictable;

• A horse may trip, stumble, and/or fall down when being led, ridden, or otherwise attended to;

• Weather, terrain, other animals, and/or people and other Participant may adversely affect a horse’s behavior;

• These risks, and others, are inherent with horse and other activities which risks may not be anticipated, controlled, or eliminated by Travel Agent and, further, Travel Agent has no duty to do so;

• These risks and activities in general can cause property damage, bodily and personal injuries, illnesses, paralysis, and death to you or members of your family;

• Tour Director or his employees may, on occasion, be negligent (negligent meaning, generally, a failure to exercise ordinary or reasonable care) in their duties and responsibilities to Participant and this negligence can cause property damage, bodily and personal injuries, illness, paralysis, and death to Participant;

• The horseback riding activities and other activities will sometimes be in wilderness, and otherwise remote areas and that bodily and personal injuries, illnesses, paralysis, and other injuries may occur to Participant where Participant is a considerable distance from doctors, hospitals, and any type of medical help or assistance; and

• the use of a riding helmet which may minimize the risks of head and other injuries is strongly recommended.

2. Participant does hereby completely release, acquit, and forever release and discharge Travel Agent of and from any and all actions, claims, demands, obligations, causes of action, damages, costs, loss of services, expenses, attorneys’ fees, and compensation of any kind or nature whatsoever on account of or in any way growing out of, or which in the future may result from, property damage, bodily and personal injuries, illnesses, paralysis, and death to Participant as a result of participation in the hereinabove described Tour, its activities or the negligence of the Tour Director or anyone associated with the Tour. This Release includes, but is not limited to, all claims or causes of action whether based on a tort, contract, or any other theory of recovery, which the Participant now has or which may hereafter accrue or may otherwise be acquired on account of or may in any way grow out of any Tour activities including, but not limited to, any and all claims for emotional distress, loss of consortium, loss of companionship, loss of income, bodily or personal injury to Participant or members of Participant’s family, or any wrongful death claim or punitive damage or any other claim of Participant’s representatives or heirs which have resulted or may result from the activities, acts, omissions, or anyone associated with the Tour.

3. Participant does hereby agrees to fully indemnify and hold forever harmless Travel Agent against loss from any and all claims, demands, or actions which may hereinafter or at any time be made or brought against Travel Agent as a result of any injury to Participant on said Tour.

4. Participant acknowledges and agrees that Participant’s participation in the Tour is completely voluntary and Participant acknowledges all risks, known and unknown, accepts all risks, known and unknown, and assumes full responsibility for all risks, known and unknown, including, but not necessarily limited to, those risks identified in this Recreational Activity Release and Indemnity Agreement and acknowledges and accepts full responsibility for all property damage, bodily and personal injury, illness, paralysis, and death to Participant and/or members of Participant family. Furthermore, Participant represents and warrants that:

• Participant has completely and fully read this document, agrees to its terms, has been given ample opportunity to seek legal counsel to review and advise Participant as to the legal effect of this Release and Indemnity Agreement and has been provided additional opportunities to ask questions and make inquiries of Travel Agent regarding this Agreement;

• Participant warrants and represents he has no medical problems which might interfere with his participation in the Tour and all of the activities associated with the Tour, and Participant is voluntarily participating in the recreational and horse activities associated with the Tour with full knowledge of the activities and the risks involved;

• Participant accepts and assumes the risks and legal responsibilities for any and all injuries and damages which may result from those risks associated with participation in recreational or horseback riding activities;

• Participant warrants and represents that he can fulfill any physical requirements involved with recreational and horse activities;

• Participant understands that the presence of Tour personnel is no assurance of Participant’s safety or lessens any risks assumed by Participant; and

• Participant warrants and represents that he has obtained adequate medical/disability/life insurance or other monies to cover losses to himself or others.

5. Participant agrees to the conditions of being a part of this Tour as follows:

• Participant must arrange travel to and from the starting point of the Tour;

• Participant must carry valid travel documents appropriate to the destination;

• The cost of the Tour includes only those items described in the itinerary and other costs incurred are extra;

• If the Tour Director or Travel Agent cancels a ride at any time, the Tour Director will refund only the amount the Participant has paid regarding said ride;

• Neither the Tour Director nor the Travel Agent is responsible for problems Participant may have due to travel delays or restrictions, medical problems, customs regulations, natural disasters, acts of terrorism, acts of war, or actions of carriers;

• Neither the Tour Director nor the Travel Agent is responsible for airline accidents or loss of luggage;

• Neither the Tour Director nor the Travel Agent is responsible for Participant’s protection, and the ride leader appointed by the outfitter reserves the right to prevent anyone from riding whose riding ability is insufficient or whose behavior endangers the safety or welfare of other riders or horses. No refund will be made to people who are prevented from riding for any such reason nor to anyone who is unwilling or unable to complete a Tour;

• Participant agrees to notify the Travel Agent if Participant does not wish a picture of him to be used in any of the Travel Agent’s promotional material, otherwise, the Travel Agent reserves the right to use the same;

• Participant agrees a facsimile or other electronically transmitted signature has the same force and effect as an original;

• Neither the Tour Director nor the Travel Agent is responsible for the Outfitter's negligence or other breach of duty, or for any accidents, injuries, etc., that occur while Participant is engaged in the Outfitter's activities.

6. This document is a full release and indemnity agreement whereby Participant is releasing and indemnifying Travel Agent from various inherent risks, known and unknown involving various recreational activities including, but not limited to, horses and horse-type activities and further releasing Travel Agent from Travel Agent’s negligence, if any, and, further releasing Travel Agent from any results of the inherent risks and Travel Agent’s negligence, such results including, but not limited to, property damage, bodily and personal injury, illness, paralysis, or death.

7. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

8. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

9. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

10. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

11. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

12. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

13. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

14. Counterparts

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.

15. This waiver and release shall be binding upon the Participant, and his parents (if a minor). In this document, any reference to a party includes that party's heirs, executors, administrators, successors and assigns. The singular includes plural and masculine includes feminine.

WITNESS our signatures on this the day of , 20.

If Participant in under the age of eighteen (18), Parents or Guardians must also sign the following Agreement.

The undersigned , declare that we are the Parents or Legal Guardians of the above named Participant. In such capacity as Parents or Legal Guardians, we acknowledge that we have carefully read this Recreational Activity Release and Indemnity Agreement and we do hereby assume all responsibilities and obligations of Participant as set for therein and do specifically agree to indemnify and hold Travel Agent harmless as set forth in said Release and join in all waivers and releases of Travel Agent as set forth therein.

CONSENT AS TO MEDICAL CARE

In addition, in the event of an emergency or non-emergency situation requiring medical treatment, the undersigned Parents or Legal Guardians hereby grant permission for any and all medical and/or dental attention to be administered to Participant, in the event of an accidental injury or illness. This permission includes, but is not limited to, the administration of first aid, the use of an ambulance, and the administration of anesthesia and/or surgery, under the recommendation of qualified medical personnel. The undersigned request that we be contacted as soon as possible in the case such medical care is necessary or appears to be necessary.

WITNESS our signatures as of the day of , 20.