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Release & Waiver of Liability

PLEASE READ CAREFULLY BEFORE PARTICIPATING IN ANY ACTIVITIES. BY SIGNING THIS DOCUMENT, YOU CHOOSE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

WARNING: Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.

Sen-Asheville I, LLC, a Delaware series limited liability company d/b/a The Horse Shoe Farm (“HSF”) offers recreational and agritourism activities to its guests including, but not limited to, farming; gardening; harvesting; farm animal and equine interaction, feeding and exhibition; equestrian activities; swimming in bodies of water, including but not limited to pools, ponds, creeks and rivers; creek wading; tubing, pond and river floating, kayaking, paddle boarding, canoeing and other boating activities; hot tubs; fishing; biking and cycling; UTV driving, riding and touring; hiking; trail walking; tree climbing; sports games and activities; ball fields; horseshoe pit; tetherball; children’s clubhouse activities and games; swings; darts, billiard tables, table tennis, and other game room sports and activities; bonfires; labyrinth walking; the Silo meditation tower; spa treatments at The Stable Spa, including but not limited to massage, body and facial treatments, bodywork, sound therapy, acupuncture, and other health and wellness offerings, events and programs; yoga, dance, Qi Gong, Pilates, movement classes and other fitness and wellness activities, events and programs; and fitness and gym equipment (“Activities”). In consideration of participating in the Activities, and for other good and valuable consideration, each participant (“Participant”) hereby agrees as follows:

Fitness for Participation. Participant understands that participation in the Activities is voluntary. All Participants must exercise reasonable caution and act in a responsible manner while participating in any of the Activities. Participant hereby affirms and acknowledges that he or she is of sufficient age and maturity to participate safely in the Activities and has no physical or mental condition(s) that could interfere with participation. Participant shall not participate in any of the Activities while under the influence of any impairing substance. HSF makes no representation or warranty as to the condition or suitability of its premises or equipment with respect to the Activities. It is Participant’s responsibility to inspect the premises and any equipment he or she will use in connection with the Activities.
Assumption of Risk. Participant acknowledges that there are certain dangers, hazards, and conditions that are inherent risks involved with the Activities and any other use of HSF’s property, including but not limited to, surface and subsurface conditions of the property; natural conditions of land, vegetation, and waters; exposure to and the behavior of wild or domestic animals and insects; ordinary dangers of structures or equipment ordinarily used in farming and ranching operations; and those other inherent risks and dangers of the Activities that could cause drowning, severe bodily injury, disability, or death. Participant acknowledges that he or she has had the opportunity to discuss these risks with an HSF representative. By participating in the Activities, Participant voluntarily assumes and accepts these risks, and all other risks which may be incurred from or connected in any manner to said Activities, even if arising from the negligence or gross negligence of HSF and any of its officers, directors, employees, independent contractors, agents, servants, volunteers, representatives, successors, heirs, family members, affiliates, assigns, and executors (collectively, the “Released Parties”).
Waiver and Release. Participant, on his or her own behalf, and on behalf of his or her personal representatives, heirs, successors, executors, assigns, and next of kin, hereby releases, waives, discharges and covenants not to sue the Released Parties from any and all liability, claims, demands, actions, and causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant as a result of participation in the Activities, whether caused by the negligence of the Released Parties or otherwise.
Indemnification. Participant agrees to indemnify and hold harmless the Released Parties from any loss, liability, damage, cost, expense, or injury, including death, arising from, or in any way related to, Participant’s participation in any of the Activities, or Participant’s use of the facilities or equipment owned or operated by any of the Released Parties, whether caused by the negligence of the Released Parties or otherwise.
COVID-19 Release. Participant voluntarily assumes the risk of exposure to or infection by COVID-19 while participating in the Activities or while in, upon, or about the premises owned and operated by any of the Released Parties. Participant hereby releases, waives, discharges and covenants not to sue the Released Parties from any and all liability, claims, demands, actions, and causes of action arising out of or related thereto, whether caused by negligence of the Released Parties or otherwise.
Photographic Release. Participant hereby agrees and consents that there may be photographs, videos, and/or other recordings taken of Participant while at HSF and irrevocably grants to HSF the exclusive right to use such photographs, videos and recordings. HSF shall hold the exclusive copyright to any such photographs, videos, and recordings and they may be reproduced, sold, or otherwise used by HSF in promotional and/or marketing materials, social media, the HSF website, or other media, with the understanding that Participant will not profit from them in any way. Participant hereby releases the Released Parties from any and all claims, demands, actions, causes of action, suits, costs, expenses, liabilities and damages Participant may have in connection with the photographs, videos, or other recordings.
Governing Law. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. In the event of a dispute, Henderson County, North Carolina shall be the sole and exclusive venue for the resolution of any legal action arising out of or related in any way to
this Agreement.
Severability. This Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of North Carolina. If any term or provision of this Agreement is deemed to be invalid, such invalidity shall not affect any other term or provision of this Agreement.
Binding Effect. This Agreement shall be binding upon any of Participant’s heirs, successors, executors or personal representatives, and to any of HSF’s successors and/or assigns.
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein. Participant agrees that no oral statements, representations or inducements, apart from this written Agreement, have been made to obtain Participant’s consent.

BY SIGNING BELOW AND PARTICIPATING IN ANY OF THE ACTIVITIES, I REPRESENT THAT I HAVE READ THIS AGREEMENT, I FULLY UNDERSTAND AND AGREE TO ITS TERMS, AND I HAVE INTENTIONALLY AND VOLUNTARILY WAIVED CERTAIN LEGAL RIGHTS.

We require each member of your party to read and sign this Agreement as a separate Participant. For minors, signature of the Participant’s parent/legal guardian is required as well as each minor’s name and contact information.

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Signed by SEN-ASHEVILLE I, LLC d/b/a The Horse Shoe Farm
Signed On: February 17, 2023

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February 17, 2023 3:05 pm EDT

Release & Waiver of Liability Uploaded by SEN-ASHEVILLE I, LLC d/b/a The Horse Shoe Farm - waivers@thehorseshoefarm.com IP 72.45.33.90