AN AGREEMENT AND RELEASE FROM LIABILITY CONTRACT

PLEASE READ THIS DOCUMENT CAREFULLY

This agreement is entered into on  _______________________________,

by and between The DX Ranch, (Zach Ducheneaux, Jennifer Zeller), all agents acting on their behalf doing business as, and hereinafter referred to collectively and individually as The DX Ranch;

and ___________________________ (RIDER), and, if Rider is a minor, the parent/guardian of Rider __________________________________.

In exchange for use of property, facilities, and services of The DX Ranch, which shall also be referred to collectively and singularly as The DX Ranch hereinafter; the Rider, his/her heirs, assigns and legal representatives, hereby expressly agree to the following:

1. Horseback riding and all equine activities are inherently dangerous activities and that these activities involve exposure to above normal risks of bodily injury and/or death. Rider is responsible for its own safety while engaging in any and all equine activities on the property of The DX Ranch and/or the adjoining property of others, who have given me permission to ride.

2. Rules and regulations; be they of a written, verbal, or commonly known nature for the industry; pertaining to any and all equine activities occurring on The DX Ranch shall be adhered to. Rider is responsible for providing and wearing protective gear appropriate for equine activities to ensure Rider’s safety while engaging in such activities.

3. There are risks involved in equine activities. Rider agrees to assume any and all risks involved in Rider’s use of or presence at The DX Ranch while engaging in any equine activity without limitation and including, but not limited to; the risks of death, bodily injury, property damage, falls, kicks, bites, unavailability of emergency medical care, and/or the ordinary negligence and/or deliberate act of another person.

4. The DX Ranch is not liable for any injury to or the death of Rider and/or a participant in equine activities resulting from the inherent risks of equine activities.

5. The DX Ranch will not be held liable and will be held harmless, and is released from all liability whatsoever, including acts of ordinary negligence, associated with any equine activity during Rider’s use of or presence upon Owner’s property or the adjoining property of others for which permission to ride has been granted.

6. The owner of any and all adjoining property for which permission to ride has been granted will not be held liable and will be held completely harmless, and is released them from all liability whatsoever, including acts of ordinary negligence, associated with any equine activity during Rider’s use of or presence upon the property owner’s property.

7. The parties to this agreement will not sue The DX Ranch in association with any claims, damages, costs, or expenses arising out of Rider’s use of or presence at The DX Ranch, while engaging in any and all equine activities including those based on death, bodily injury, and property damage, unless the damages are caused by the direct, willful and wanton gross negligence of the Owner.

8. Rider is solely responsible for any and all insurance coverage on himself/herself, personal property, and Rider’s horse.

9. Rider may engage in activities of a non-equine nature; be they ranch related work, recreational or otherwise. Rider and Rider’s parent or guardian agree that the The DX Ranch will not be held liable and will be held harmless for any and all injuries or damage to person or property that may occur in the course of such activities.

10. This agreement and release of liability is a contract that when signed by the parties involved will be legally binding to all parties, subject to the above terms and conditions and shall be enforced and interpreted under the laws of the Cheyenne River Sioux Tribe.

11. Photographs and video may be taken of Rider while interning/externing/vacationing at The DX Ranch. Such photos are the sole property of The DX Ranch, the photographer, or videographer and Rider hereby grants their express written consent for the use of said photographs and video in marketing materials, competitions and for publication by The DX Ranch.

We, the undersigned agree that we have fully read the foregoing.  We further agree that we fully understand the foregoing and that any concerns we may have with the agreement have been discussed and satisfactorily resolved with The DX Ranch prior to signature and that we unequivocally and irrevocably agree to the terms contained herein.

Signed ____________________________________        Date_______________________

(For The DX Ranch)

Signed ____________________________________        Date_______________________

(Rider)

Signed ____________________________________        Date_______________________

(Guardian)