COOL BREEZE EQUINE, LLC EQUINE ACTIVITY
LIABILITY WAIVER

1. In consideration of the opportunity to engage in and enjoy equine activities with/through/at Cool Breeze, Equine, LLC, a Virginia Limited Liability Company located at 6090 Leeds Manor Road, Hume, Virginia 22639 (the “premises”), on the premises or elsewhere, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned, for themselves and on behalf of their minor child (if applicable), agrees to be bound by the terms and conditions of this Equine Activity Liability Waiver (hereafter, “Waiver”).

2. Under the Virginia Equine Activity Liability Act (Virginia Code § 3.2-6200 through § 3.2-6203), except in certain circumstances [see Limit of Waiver, para. 9]:

a. An equine activity sponsor, equine professional, or any other person, which includes a corporation, partnership, or limited liability company, shall not be liable for an injury to or death of a Participant resulting from the intrinsic dangers of equine activities; and

b. No Participant, Participant’s parent, guardian, or authorized representative* of such parent or guardian, shall make any claim against or recover from any equine activity sponsor, equine professional, or any other person for injury, loss, damage, or death of the Participant resulting from the intrinsic dangers of equine activities [see WARNING para. 4].

3. Explanation of terms as defined under Virginia Code § 3.2-6200: a. “Participant” includes any person, whether amateur or professional, who engages in an equine activity, regardless of whether a fee is paid to participate in the equine activity. b. “Engages in an equine activity” means (i) any person, whether mounted or unmounted, who rides, handles, trains, drives, assists in providing medical or therapeutic treatment of, or is a passenger upon an equine; (ii) any person who participates in an equine activity but does not necessarily ride, handle, train, drive, or ride as a passenger upon an equine; (iii) any person visiting, touring or utilizing an equine facility as part of an event or activity; or (iv) any person who assists a participant engaging in an equine activity. The term “engages in an equine activity” does not include being a spectator, except in cases where the spectator places themself in an unauthorized area and in immediate proximity to an equine or equine activity.

4. WARNING: EQUINE ACTIVITIES ARE INTRINSICALLY DANGEROUS.

Virginia Code § 3.2-6200 defines “intrinsic dangers of equine activities” as those dangers or conditions that are an integral part of equine activities, including: (i) the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other animals or objects; and (v) the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or not acting within the participant’s ability.

5. By signing this Waiver, you affirm that you, and the minor child on whose behalf you lawfully sign as parent, guardian, or authorized representative* (if applicable), knowingly choose to engage in intrinsically dangerous equine activities and are a “Participant” to whom Virginia Code § 3.2-6200 through § 3.2-6203 directly applies. All further reference to “Participant” is a collective reference to you and the minor child for whom you lawfully sign (if applicable).

6. Assumption of Risk:

a. Participant hereby assumes all risk and accepts all responsibility for theirs and any third party’s bodily injury and/or death arising out of, resulting from, or in any way related to Participant’s choosing to engage in equine activities.

b. Participant hereby assumes all risk and accepts all responsibility for the injury and/or death of any animals and/or any damage to and/or loss of any real and/or personal property belonging to Participant or any third parties, arising out of, resulting from, or in any way related to Participant’s choosing to engage in equine activities.

Initials *

7. Release: Participant, for themselves and on behalf of their personal representatives, assigns, heirs, and next of kin, hereby releases, discharges, and holds harmless Kay Pfaff, personally and individually (equine professional), and Cool Breeze Equine, LLC (equine professional), and their respective managers, members, employees, agents, successors, assigns, and representatives (hereafter, “the Released Parties”), for Participant’s injury and/or death and/or damage or loss of Participant’s tangible personal property (including animals), arising out of, resulting from, or in any way related to Participant’s choosing to engage in equine activities and/or the accident and/or alleged ordinary negligence of the Released Parties.

Intials *

8. Indemnification: Participant, for themselves and on behalf of their personal representatives, assigns, heirs, and next of kin, hereby agrees to indemnify and defend the Released Parties from and against any and all third-party and/or subrogated claims, actions, judgments, settlements, damages, liabilities, costs and expenses (including court costs and attorneys’ fees) actually and reasonably incurred by the Released Parties arising out of, resulting from, or in any way related to Participant’s engaging in equine activities.

The undersigned parent, guardian, or authorized representative* of a minor child Participant hereby acknowledges this indemnification agreement extends to any claims or actions the minor child may bring against the Released Parties at or after their turning 18 years old.

Notwithstanding the Revocation and Lapse provision below [para. 10], this entire indemnification agreement shall survive indefinitely beyond the revocation or termination of this Waiver.

9. Limit of Waiver: Per Virginia Code § 3.2-6203, nothing in this Waiver shall prevent or limit the liability of an equine activity sponsor, equine professional, or any other person who intentionally injures Participant or knowingly provides Participant faulty equipment or tack directly resulting in Participant’s injury or death.

10. Revocation and Lapse: This Waiver shall remain valid and in force from the date signed until expressly revoked in writing by Participant or Participant’s parent, guardian, or authorized representative*. Unless expressly revoked, this Waiver does not lapse.

11. Mediation and Arbitration Agreement: Participant, for themselves and on behalf of their personal representatives, assigns, heirs, and next of kin, hereby freely and voluntarily agrees to enter into mediation and/or arbitration proceedings to resolve any complaint arising out of or in any way related to this Equine Activity Liability Waiver before any litigation shall take place. Costs and expenses borne out of any mediation and/or arbitration proceedings shall be allocated by settlement agreement; if the matter is not settled, each party shall be responsible for their respective costs and expenses incurred during such mediation and/or arbitration proceedings.

12. Applicable Law and Legal Forum: Any judicial proceedings arising out of or in relation to this Equine Activity Liability Waiver shall be heard in a Virginia Court in Fauquier County and adjudicated under the laws of the Commonwealth of Virginia.

13. Attorneys’ Fees and Court Costs: The prevailing party of any judicial proceeding arising out of, resulting from, or in any way related to this Equine Activity Liability Waiver has the right to recover all legally permissible costs and expenses borne out of that judicial proceeding, including reasonable attorneys’ fees and court costs. If a non-judicial settlement is reached, costs and expenses will be allocated under the settlement agreement.

14. Severability: If any term or condition of this Waiver is found invalid or unenforceable pursuant to judicial decree or decision, as similar valid and enforceable terms or conditions as possible shall be substituted and included in the entire remainder of this Waiver, which shall continue in full force and effect.

15. Waiver: Under Virginia Code § 3.2-6202(B), no Participant or parent or guardian of a Participant who has knowingly executed a waiver of their rights to sue or agrees to assume all risks or intrinsic dangers of equine activities may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity except as provided in § 3.2-6203 [see Limit of Waiver, para. 9].

Participant, for yourself and on behalf of any minor child for whom you lawfully sign as parent, guardian, or authorized representative* (if applicable), hereby certify and affirm (1) you were provided adequate time to carefully read and ask questions about the terms and conditions of this Equine Activity Liability Waiver, (2) you now understand the terms and conditions contained herein, and (3) that your signature below declares you hereby knowingly execute this Waiver of your rights to sue and acknowledge this Waiver prevents you from maintaining a legal action against or recovering from the Released Parties (per Virginia Code § 3.2-6202(B)).

CAUTION: READ BEFORE SIGNING

*Virginia Code § 3.2-6202(B) states: In the case of a minor Participant, the execution of this Waiver by a duly authorized representative of Participant’s parent or guardian, designated in writing by the parent or guardian, shall constitute a valid and knowing execution of this Waiver by Participant’s parent or guardian.

Participant Signature *

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Parent/Guardian/Representative Sign for Minor Child Participant (under 18 years old)

Participant Print *

Parent/Guardian/Representative Print for Minor Child Participant (under 18 years old)

Date Signed *

PHOTO RELEASE

I hereby grant permission to Cool Breeze Equine, LLC to use photographs and/or videos as well as sound recordings taken of me (Adult) or (Guardian of children under age 18) in publications, news releases, online, and other communications related to the mission of Cool Breeze Equine LLC.

Health Safety Policies

Monitor your health. DO NOT go to the barn or take your horse schooling if you have any symptoms such as fever, coughing, or unusual shortness of breath, or have tested positive for COVID-19, Influenza, Strep, or any other contagious illness. The health & safety of our barn community is of utmost importance to us. We appreciate your understanding and cooperation.

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Electronic Signature Consent*

By checking this box, I consent to receive transactional messages related to my account, orders, or services I have requested. These messages may include appointmentBy checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.