Terms and Conditions

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The Equestrian Products are sold by Manufacturer, and are accepted by the undersigned Purchaser, subject to all of the following terms and provisions of this Equestrian Product Waiver, Assumption of Risk and Liability Release Agreement (this “Release Agreement”) and Purchaser hereby acknowledges, appreciates, agrees, understands, covenants and warrants as follows:

1. the Equestrian Products are designed and manufactured to be used solely in conjunction with Equestrian Activities, and that Purchase shall not use the Equestrian Products for any use that is not an Equestrian Activity.

2. the use of the Equestrian Products for Equestrian Activities involves inherent risks including, but not limited to, damage to personal or real property, falls, collisions, loss of control, injury, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability to the parties involved with the Equestrian Activities, including the rider of the horse, the horse itself and others that are in the vicinity of the Equestrian Products and Equestrian Activities. Purchaser acknowledges that these risks are not always preventable, and such risks may arise from foreseeable or unforeseeable causes and the severity of such risks may vary based on numerous factors including the design, placement and condition of the Equestrian Products. Purchaser knowingly, voluntarily and fully accepts sole responsibility and assumes all potential risks associated with the use of the Equestrian Products.

3. to the fullest extent permitted by applicable law, Purchaser hereby waives, releases, and discharges Manufacturer, its owners, officers, employees, agents, representatives, contractors, and affiliates from any and all liability, claims, demands, causes of action, damages, or losses arising out of or in any way connected with the use of the Equestrian Products, including any injury death, or damage to property that may occur, even if caused by the negligence of Manufacturer. Purchaser acknowledges and agrees that the limitations of liability set forth in Chapter 4.24.530 to 4.24.540 of the Revised Code of Washington and Chapter 30.687 to 30.697 of the Oregon Revised Statutes are directly applicable to the Equestrian Products. The release and waiver granted herein by Purchaser includes any claims arising from defects in the Equestrian Products, including, but not limited to, design defects, manufacturing defects, or failure of the Equestrian Products to perform as expected.

4.  Purchaser hereby acknowledges and agrees on his/her/its own behalf and on behalf of Purchaser’s successors and assigns, to indemnify and hold Manufacturer harmless from any and against any lawsuits, demands, claims, or expenses (including attorneys’ fees and legal costs) arising from or in any manner related to Purchaser’s acquisition and use of the Equestrian Products, and to the fullest extent permitted by law, Purchaser fully and forever waives, releases, discharges and covenants not to sue Manufacturer for and from any and all demands, claims, actions, suits, damages, liabilities, costs and expenses arising, directly or indirectly, in relation to or in connection with Purchaser’s use of the Equestrian Equipment from any cause whatsoever (including, but not limited to, damage or loss of property, bodily injuries, medical treatment and death), whether or not foreseeable or contributed to by the negligent acts or omission of the Manufacturer or others., including, but not limited to, any claims made by third parties for injuries, death, or damages sustained by such third parties associated with use of the Equestrian Products at Purchaser’s facility.

5. Purchaser agrees to regularly inspect the Equestrian Products for any visible damage or defects prior to each use of the Equestrian Products, and to immediately discontinue use of any Equestrian Product that appears to be damaged, defective or unsafe. Purchaser acknowledges that it is Purchaser’s responsibility to maintain the Equestrian Products in safe working condition and that Purchaser’s failure to properly inspect or maintain the Equestrian Products may increase the risk of injury, death or damage.

6. Manufacturer does not warrant the Equestrian Products against defects, damages, or fitness for a particular purpose. The Equestrian Products are sold “as is, where is” and Manufacturer makes no representations or warranties, express or implied, regarding the Equestrian Products, including their suitability for any specific use or purpose or their ability to prevent accidents, injury or death, and Purchaser agrees that the Manufacturer will not, under any circumstances, be liable for consequential, indirect, general, specific or similar damages. Purchaser acknowledges and agrees that this Release Agreement will be used by the Manufacturer to against the Purchaser and that this Release Agreement governs the legal rights and responsibilities of both Purchaser and Manufacturer regarding all aspects of the Equestrian Products.

7. If any provision of this Release Agreement is held to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected, and the invalid or unenforceable provision shall be modified to the extent necessary to make it enforceable.

8. This Release Agreement and the rights of the parties hereunder shall be governed, construed and enforced in accordance with the law of the State of Washington, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this Release Agreement will be settled by arbitration. Unless the parties otherwise agree in writing, the arbitration will be administered by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. There will be one arbitrator who will have such qualifications that are mutually agreeable to the parties. Any arbitration will be conducted in Clark County, Washington. The prevailing party shall be entitled to its legal fees and costs, including attorney’s fees.

9. This Release Agreement constitutes the entire understanding and complete agreement related to the subject matter hereof, and supersedes any prior or contemporaneous agreement, understandings or negotiations, written or verbal, with respect to the subject matter hereof. This Release Agreement shall not be amended or modified, by course of conduct or otherwise.

10. PURCHASER HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS WAIVER AND RELEASE AGREEMENT, AND UNDERSTANDS AND AGREES THAT PURCHASER IS ASSUMING ALL RISKS ASSOCIATED WITH THE EQUESTRIAN EQUIPMENT AND RELEASING AND HOLDING HARMLESS THE MANUFACTURER IN CONNECTION WITH PURCHASER’S PURCHASE OF THE EQUESTRIAN EQUIPMENT AND THE EQUESTRIAN ACTIVITIES.