UNDER MASSACHUSETTS LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, PURSUANT TO SECTION 2D OF CHAPTER 128 OF THE GENERAL LAWS.

UNDER MASSACHUSETTS LAW, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES, PURSUANT TO SECTION 2D OF CHAPTER 128 OF THE GENERAL LAWS.

This release and waiver of liability and indemnity agreement is made and entered into on this day of by and between Wildstar Farm/Wildstar Equine-Assisted Activities and Therapy, Inc., City To Saddle, Stable Moments (hereinafter referred to as the “farm”) and myself (herein referred to as the “volunteer”) or parent or legal guardian (if the volunteer is a minor) in return for the use today and on all future dates of the property, facilities, services, and horses of the farm, or the property, facilities and services of the farm if volunteer provides his/her own horse (as described below) the volunteer, his/her assigns, and legal representatives (collectively referred to as the “volunteer”) hereby expressly agrees to the following:

1) The volunteer expressly acknowledges, understands, and agrees that the activities engaged in at the farm involves some inherent risk and involve the risk of serious injury and/or death and/or property damage.

2) The volunteer acknowledges, understands and agrees that the behavior and temperament of horses is unpredictable.

3) The volunteer attests that he/she does not have any physical condition or limitation that would prevent him/her from participating in the activities engaged in at the farm. It is the responsibility of the volunteer to carry full and complete insurance coverage on his/her horse, personal property and him/herself.

4) Volunteer agrees to assume full responsibility for any and all risks involved in or arising from volunteer’s use of or presence upon the farm’s property and facilities including, but not limited to, the risks of death, bodily injury, personal injury, property damage, falls, kicks, bites, collisions with vehicles, horses or stationary objects, fire or explosion, the availability of emergency medical care or the negligence of the farm or any agents, servants or employees thereof or another person.

5) Volunteer agrees to hold the farm and all of its successors, assigns, subsidiaries, franchises, affiliates, officers, directors, employees and agents complete harmless and not liable and hereby release, waive and discharge them from all liability whatsoever and agrees not to sue them on account of or in connection with any claims, causes of actions, injuries, damages, costs or expenses arising out of volunteer's use of or presence upon the farm’s property and facilities whether or not caused by the negligence of the farm, including claims for consequential damages.

6) Volunteer agrees to indemnify, and defend the farm against, and hold it harmless from any and all claims, causes of action, loss and liability, damages, judgments, settlements, costs or expenses, including attorney’s fees, which in any way arise from or are caused in whole or in part by volunteer's actions, inactions, volunteer’s property and/or horse(s), family and/or guests use of or presence upon the farm’s property and facilities, including any negligence on the part of the farm.

7) Volunteer agrees to abide by all of the farm’s rules and regulations.

8) If volunteer is using his/her horse, the horse shall be free from infection contagious or transmissible disease. The farm reserves the right to refuse a volunteer to ride his/her horse on the farm’s premises if the farm deems the horse is not in proper health or is deemed dangerous or undesirable.

9) This Release and Waiver of Liability and Indemnity Agreement is made and entered into in the State of Massachusetts and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with state law, then that clause shall not affect the validity of any other clause. When the farm and volunteer and volunteer’s parent or legal guardian, if volunteer is a minor, sign this Release and Waiver of Liability and Indemnity Agreement, it will then be binding on both parties subject to the above terms and conditions.