1. Participant agrees to assume Any And All Risks Involved In Or Arising From Participant’s Use Of Or Presence
Upon HWH, R-R and the Property And Facility including without limitation the risk of death, bodily injury,
property damage, all kicks, bites, collisions with vehicles, horses, or stationary objects, fire or explosion, the
unavailability of emergency care, or the negligence or deliberate act of another person.
2. Participant agrees to hold HWH, R-R, the Director and all its successors, assigns, subsidiaries, franchises,
affiliates, officers, directors, employees and agents completely harmless and not liable, and releases them from all
liability whatsoever, and Agrees Not To Sue them on account of, or in connection with any claims, causes of
action, injuries, damages, costs or expenses arising out of the Participant’s use of or presence upon HWH, and the
property and facility, including without limitation, those based on death, bodily injury, or property damage,
including consequential damages.
3. Participant agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose,
substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise which
the person giving the release does not know or suspect to exist at the time of executing this release.
4. Participant agrees to indemnify and defend HWH, and the Director against, and hold it harmless from any and all
claims, causes of action, damages judgments, costs or expenses, including attorney’s fees, which in any way arise
from the Participant’s use of or presence upon HWH, and the property or facility at Reclamation-Ranch.
5. Participant agrees to abide by all of HWH, R-R and the property safety rules and regulations.
6. Participant acknowledges his/her participation with HWH is voluntary.
7. This contract is non-assignable and non-transferable, and is made and entered into in the State of South Dakota,
and shall be enforced and interpreted under the laws of this State. Should any be in conflict with State law, then
that clause is null and void. When HWH, the Director and Participant, or Participant’s Parent or Legal Guardian if
Participant is a minor, sign this contract, it will then be binding on both parties, subject to the above terms and
conditions.
8. Warning: Under South Dakota law, an Equine Professional is not liable for an injury to and/or the death of a
participant in equine activities resulting from the inherent risks of equine activities.