Release, Waiver of Liability and Indemnification Agreement

I have asked, been asked, or wish to engage in one or more of the following activities:

A. Equestrian, horseback riding, taking lessons, attending clinics, jumping, trail riding, fox hunting, exercising, showing, racing and preparing horses for equestrian activities, or other sporting and related activities, including without limitation, beagling and hiking;

B. Boarding, training, exercising, pasturing, caring for, preparing horses for equestrian activities, loading and unloading horses, use of carriages, or any other use of, or relationship to, horses or other animals;

C. ATV us or any other type or use of motorized and/or mechanical equipment;

or

D. Any other recreational, sporting or physical activity in which I may exert myself in any degree.

All the preceding are defined as the “Activities”.

Some or all of the Activities may take place on the real property of Wethersfield Foundation, Inc,, f/k/a Homeand Foundation, Inc. This owner, and its affiliated entities, officers, directors, shareholders, managers, agents and/ or employees are hereinafter collectively defined as the “Released Parties”.

I understand and agree that, unless I had read, understood, signed and delivered this agreement, I would not have been asked, asked or agreed to engage in any of the Activities with any of the Released Parties or on their property.

I wish to participate in the Activities, or enter the Released Parties’ property, although I know of the dangers associated with the Activities, and understand and know that they can lead to personal injuries or death, and property damage.

I fully understand that the Activities I may engage in with the Released Parties, or upon their real property, whether or not the Released Parties are with me or not, are very dangerous, which can lead to serious physical injury, property damage and even death. I wish to participate in the Activities knowing they are dangerous and could result in death, injury or property damage. I accept and assume all of the risks of all injuries, including death, to me or my property, including without limitation, my horse, dogs, other animals of mine, or any of my equipment.

In exchange for being permitted to engage in the Activities, or to be upon the Released Parties’ real property for any reason, I, for myself, my heirs, guardians, and legal representatives, release and agree not or make or bring any claim of any kind against the Released Parties for any injury or death to me, or any damage to my property, arising out of my use of or being on the Released Parties’ real property, or my participation in any of the Activities with or without the Released Parties.

I understand and agree that the terms of this document shall apply whether I am on the real property of the Released Parties or not. Thus, any claim that I think I may have, whether it arose on the Released Parties’ real property or not, is released by this document. The intent of this document is to release all claims, regardless of where they may have arisen or occurred.

To ensure that I do not sign this agreement, then violate it or have it violated for me, I agree that if anyone makes any claims because of any injury to me or death, or for any damage to my property, I hereby indemnify and hold the Released Parties harmless from and against all claims, costs, expense or loss, including, but not limited to, reasonable attorney’s fees and court costs.

To further ensure that I do not sign this agreement, then violate it or have it violated for me, I agree that as a condition precedent to the filing, commencement, or even asserting a claim against the Released Parties which would violate the terms hereof (such as an attorney’s letter, e-mail or telephone call to the Released Parties’ insurance company), I, or my representative, must deposit with the Clerk of the Supreme Court, Dutchess County, New York, the sum of One Hundred Thousand Dollars ($100,000.00) in good funds, for the benefit of the Released Parties, to enable them to recover their costs, expenses or losses, including, but not limited to, reasonable attorney’s fees and court costs, for any violation hereof. In the event that this security is not so deposited prior to the assertion or commencement of any claim, I agree that the Released Parties shall be entitled to dismissal of any claim, with prejudice, with costs and upon the merits, for non-compliance with this condition precedent, and shall also be entitled to judgment for all claims, costs, expenses or losses, including, but not limited to, reasonable attorney’s fees and court costs. I recognize that this could be considered a harsh result, but freely agree to this entire document in order to secure the ability to participate in the Activities, and to ensure that this document can be practically enforced, rather than disregarded or avoided by me or any attorney I or my representative may select. I understand that, but for this agreement, I would never have participated in any of the Activities.

I represent and acknowledge that prior to signing this document I had the opportunity to seek counsel concerning its terms and effect. If I did not seek the advice of counsel, this was only because I chose not to.

I further represent that I have not been coerced, misled or forced into signing this agreement. I have read its terms, understand them, and freely make this agreement.

This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns.

This agreement shall be construed and enforced pursuant to the laws of the State of New York. Any question concerning this agreement’s interpretation or enforcement shall be determined in the Supreme Court, Dutchess County, New York. If any provision herein is determined by a Court of competent jurisdiction to be invalid, the remaining provisions shall remain effective.