ENE Hold Harmless Agreement

This Equine Waiver and Release ("Release") is made on date below in consideration and as a condition of participant name below (the "Participant") being allowed access to the property and equine and equestrian facilities located at 52-54 Gibble Road, Cochranville, Pennsylvania 19330 (the "Property") operated by ERIKA NESLER, doing business as ERIKA NESLER EQUESTRIAN ("ENE") and SomeHowe Stables, LLC ("SomeHowe") said Property being owned by Cynthia Howe and Douglas Howe (collectively, "Howe") and engaging in Equine Activities (as defined below) at or from the Property as a client or customer of ENE. (ENE, SomeHowe and Howe, and their respective agents, employees, principals and independent contractors are collectively called the "Released Parties".)

"Equine Activities" include, but are not limited to any one or more of the following: (i) Participant being provided horse-back riding lessons and other training with respect to the care and riding of horses or other equines, whether using Participant's own horse or pony or a horse or pony provided by ENE; (ii) Participant's participation in horse shows or other events, including competitive events, whether using Participant's own horse or pony or a horse or pony provided by ENE; (iii) Participant being provided with transportation of Participant's equine to and from equestrian events or shows; (iv) having Participant's horse or pony trained by ENE; (v) Participant boarding one or more equines at the Property; (vi) Participant being on or around equines on the Property, and in or within proximity to stables, barns, riding arenas and other areas of the Property; and (vii) any other equine and related activities described in 4 P.S §602(b) of the Pennsylvania Statutes.

Intending to be legally bound by this Release, the Participant agrees to the following assumptions of risk, waivers, releases and indemnification provisions:

1. Assumption of Risk, Indemnity and Hold Harmless. PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES that the Equine Activities are purely voluntary recreation. The Released Parties would not permit Participant to engage in the Equine Activities at the Property unless Participant is willing to acknowledge and assume the risks of Equine Activities and waive any and all claims against the Released Parties that may arise out of such Equine Activities as provided in this Release.

2. Statement and Acknowledgment of Risks. Participant understands that there are risks inherent in Equine Activities that include, but are not limited to:

(a) The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine; (b) The unpredictability of an equine's reaction to sounds, sudden movements, unfamiliar objects, persons, or other animals; (c) That there may be hazards, both man-made and natural, including, but not limited to, surface or subsurface conditions, as well as jumps, jump standards, fences, gates, equipment and other matters, contact with which may result in injury; (d) The possibility of a collision with another equine, another animal, a person, or an object; (e) The potential of a Participant or another participant in Equine Activity to act in a negligent manner that may contribute to injury, death, or loss to the person of the Participant or to other persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the Participant.

PARTICIPANT UNDERSTANDS THAT THESE RISKS CAN CAUSE SERIOUS AND EVEN FATAL INJURIES, INCLUDING PERMANENT DISABILITY AND DEATH, AND SEVERE SOCIAL AND ECONOMIC LOSSES. PARTICIPANT KNOWINGLY ASSUMES AND ACCEPTS FULL PERSONAL RESPONSIBILITY FOR THE RISKS ASSOCIATED WITH EQUINE ACTIVITIES.

3. Assumption of Risk, Indemnification, Hold Harmless. With full understanding of the inherent risks involved in Equine Activities:

(a) PARTICIPANT KNOWINGLY ASSUMES THE RISK OF ANY AND ALL EQUINE ACTIVITIES PURSUANT TO PENNSYLVANIA LAW.

(b) PARTICIPANT WAIVES AND RELEASES ANY AND ALL CLAIMS AGAINST RELEASED PARTIES FOR ALL TORT AND CIVIL LIABILITY ARISING FROM OR RELATED TO HIS OR HER PARTICIPATION IN EQUINE ACTIVITIES WITH OR THROUGH RELEASED PARTIES AND/OR AT THE PROPERTY.

(c) PARTICIPANT WILL INDEMNIFY, DEFEND AND HOLD HARMLESS RELEASED PARTIES, FROM ANY AND ALL CAUSES OF ACTION, SUITS, CLAIMS, AND/OR LIABILITY OF ANY NATURE OR KIND THAT IN ANY WAY RELATES TO HIS OR HER PARTICIPATION IN EQUINE ACTIVITIES OR USE OF THE PROPERTY, EVEN IF PARTICIPANT CLAIMS THAT ANY SUCH INJURY OR DAMAGE WAS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR IMPROPER CONDUCT ON THE PART OF RELEASED PARTIES.

(d) PARTICIPANT ACCEPTS FULL PERSONAL RESPONSIBILITY FOR ANY HARM OR DAMAGE CAUSED TO THIRD PARTIES BY PARTICIPANT OR BY ANY HORSE OR PONY OWNED OR BEING RIDDEN BY PARTICIPANT.

(e) PARTICIPANT ACCEPTS FULL PERSONAL RESPONSIBILITY FOR ANY HARM OR DAMAGE ARISING OUT OF THE PARTICIPATION OF PARTICIPANT'S GUESTS, INVITEES AND AGENTS IN EQUINE ACTIVITIES AND SHALL INDEMNIFY, DEFEND AND HOLD RELEASED PARTIES HARMLESS FROM ANY AND ALL CAUSES OF ACTION, SUITS, CLAIMS, AND/OR LIABILITY OF ANY NATURE OR KIND THAT IN ANY WAY RELATES TO THE PARTICIPATION OF PARTICIPANT'S GUESTS, INVITEES AND AGENTS IN EQUINE ACTIVITIES OR USE OF THE PROPERTY, EVEN IF SUCH INJURY OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR IMPROPER CONDUCT ON THE PART OF ANY OF THE RELEASED PARTIES.

(f) PARTICIPANT WAIVES AND RELEASES ALL CLAIMS FOR DAMAGE TO OR INJURY OR DEATH TO HIS OR HER HORSE ARISING OUT OF THE ACTS OR OMISSIONS OF OTHER PERSONS AT THE PROPERTY OR FROM OTHER EQUINES.

4. Covenant Not to Sue. PARTICIPANT AGREES, ON BEHALF OF HIMSELF OR HERSELF AND HIS OR HER GUESTS, INVITEES AND AGENTS, THAT THEY WILL NOT SUE RELEASED PARTIES OR ANY OF THEM FOR OR ON ACCOUNT OF ANY INJURY OR DAMAGES SUFFERED OR SUSTAINED WHILE PARTICIPATING IN EQUINE ACTIVITIES WITH OR UNDER THE SUPERVISION OF ANY OF THE RELEASED PARTIES, OR WHILE ON THE PROPERTY, EVEN IF SUCH DAMAGES OR INJURIES RESULT IN WHOLE OR IN PART FROM NEGLIGENCE OR OTHER IMPROPER CONDUCT ON THE PART OF ANY OF THE RELEASED PARTIES. IF PARTICIPANT OR ANY PERSON ACTING FOR PARTICIPANT OR PARTICIPANT'S GUESTS OR INVITEES BRINGS SUIT IN VIOLATION OF THIS COVENANT, PARTICIPANT WILL INDEMNIFY, DEFEND AND HOLD RELEASED PARTIES HARMLESS FROM ALL COSTS OF SUIT, DAMAGES AND ATTORNEYS' FEES INCURRED IN THE DEFENSE OR SETTLEMENT THEREOF.

5. Governing Law. This Release is made and entered into in the Commonwealth of Pennsylvania and shall be enforced and interpreted under the courts and laws of the Commonwealth of Pennsylvania.

6. Acknowledgment. Participant agrees that Participant has been given sufficient time to read, understand, and ask questions, if any, concerning the nature and scope of this Release.