TLR LLC Horseback Trail Rides
Horse Riding Agreement and Liability Release Form This form must be completed by and for each participant. Please read carefully before signing

SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY.
THIS FACILITY AND/OR ANY INSTRUCTOR / GUIDE CONNECTED WITH IT DOES NOT GUARANTEE YOUR SAFETY OR THAT OF ANY HORSE

TLR LLC Horseback Trail Rides will herein be known as and referred to as "TLR LLC HTR" In consideration for participating in horse-related activities, Training or instruction guided tours connected with TLR LLC HTR, the undersigned hereby agrees as follows:

A. REGISTRATION OF RIDER AND PURPOSE OF AGREEMENT: I, the following listed individual hereinafter known as the "RIDER" and the parents or legal guardian thereof if a minor, do hereby voluntarily request and agree to participate in horse riding or horse instruction and or guided tour on and about TLR LLC HTR, and that RIDER will ride a horse provided to him or her by TLR LLC HTR, his or her own horse, or one borrowed or leased by RIDER'S own arrangement, today and on all future dates: ____________________________(RIDER) ___ (age, if under 21).

B. SCOPE OF AGREEMENT AND DEFINITIONS: This agreement shall be legally binding upon me, the RIDER, and the parents or guardians thereof if a minor, my heirs, estate, assigns, including all minor children, and parental representatives. This agreement shall be interpreted according to the laws of the State of Hawaii.

Any disputes by the RIDER shall be subject to paragraph K below and litigated in the county in which TBA is physically located. If any clause, phrase or word is in conflict with the laws of the State of Hawaii then that single part is null and void. The term "HORSE" herein shall refer to all equine species. The term "RIDING” or "HORSEBACK RIDING" herein shall refer to riding, instruction in, guided tour or otherwise handling of or being near horses, ponies, mules, or donkeys whether from the ground or mounted. The term "RIDER" shall herein refer
to a person who rides a horse or otherwise handles or comes near a horse from the ground. The terms "I", "me", and "my" shall herein refer to the above RIDER and the parents or legal guardians thereof if a minor.

C. INHERENT RISK OF ACTIVITY: I understand that horseback riding is a rugged recreational activity and that there are numerous obvious and non-obvious inherent risks always present in such activities despite all safety precautions. As such, related injuries can be severe or even deadly and, at the least, can require more hospital days and result in more lasting residual effects than injuries from most other activities. Further, this inherent risk is not totally mitigated by either (1) the presence of an instructor or trainer, guide or (2) by the use of a horse that has been used for or is considered usable for the instruction and guided tours of beginners. Horse accidents are common and, in fact, are virtually guaranteed to occur given enough time around horses. Horse accidents are even more common with beginners although expert riders are still subject to considerable (sometimes fatal) danger from participation in this activity.
D. NATURE OF RIDING HORSES: I understand that TLR LLC HTR chooses its horses for
their calm disposition and sound training as required for use as riding horses for our guided programs yet, no horse is a completely safe horse. If a horse is frightened or irritated it may divert from any training it has received and or the trail and act according to its natural survival instincts which may include but are not limited to: stopping short, changing directions or speed at will, shifting its weight, kicking, biting, running under obstacles, or running from danger.

E. RIDER RESPONSIBILITY: I understand that, notwithstanding the presence or participation of an instructor, trainer or guide upon mounting a horse and taking up the reins, the RIDER is in primary control of the horse. The RIDER'S safety largely depends upon his or her ability to carry out simple instructions, and his or her ability to remain balanced aboard the moving animal (which is not easy for beginners). The RIDER shall be responsible for his or her own safety and that of an unborn child if the rider is pregnant. Pregnant women should ride

horses only under the advice of their physician. TLR LLC HTR advises pregnant women not to ride horses.

F. CONDITIONS OF NATURE: TLR LLC HTR is not responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or otherwise react in some unsafe way. SOME EXAMPLES ARE: thunder, lightning, rain, wind, wild and domestic animals, insects, or reptiles which may walk, run, fly near, bite and/or sting a horse or person. Further, TLR LLC HTR is not responsible for irregular or obstructed footing on groomed or wild land (including indoor or outdoor arenas, pens, or pastures), which is subject to constant change in condition according to use, weather, temperature, maintenance (or lack thereof) and natural and man-made changes in landscape. Further still, TLR LLC HTR is not responsible for activities engaged in by others such as, but not limited to, hunters (shooting guns, for example), or car drivers or occupants (honking horns or throwing objects to scare a horse, for example).

G. ACCIDENTAL AND PERSONAL LIABILITY INSURANCE: I agree that should medical treatment be required, I and/or my own accidental/medical insurance company shall pay for all such incurred expenses and deductibles. Should my actions or that of my horse cause injury or damage of any kind, I and/or my own personal liability insurance company shall pay for such damages.

H. PROTECTIVE HEADGEAR WARNING: I agree that for myself and on behalf of my child and/or legal ward have been fully warned and advised by TLR LLC HTR that an ASTM/SEI approved helmet should be worn while riding and being near horses and I do understand that the wearing of such headgear at these times may reduce the severity of some of the wearer's head injuries and possibly prevent the wearer's death from happening as the result of a fall and other occurrences.

I. LIABILITY RELEASE: I agree that in consideration of TLR LLC HTR allowing my participation in this activity under the terms set forth herein, I, the RIDER, for myself and on behalf of my child and/or legal ward or other parent, heirs, administrators, personal representatives or assigns, do agree to hold harmless, release, and discharge TLR LLC HTR, its owners, agents, independent contractors, employees, officers, directors, representatives, assigns, members, owners of premises and trails (whether or not such premises or trails are owned by TLR LLC HTR, affiliated organizations and insurers and others acting on its behalf (hereinafter, collectively referred to as
"Associates") of and from all claims, demands, causes of action and legal liability, whether your damage be known or unknown, anticipated or unanticipated due to TLR LLC HTR's and/or its Associate's ordinary negligence; and I do further agree that except in the event of TLR LLC HTR's gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against TLR LLC HTR and its Associates as stated above in this clause, for any economic and non- economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of TLR LLC HTR, to include while riding, handling, or otherwise being near horses owned by or in the care custody and control of TLR LLC HTR, whether on or off the premises of TLR LLC HTR.

J. ATTORNEY'S FEES: I agree that in consideration of TLR LLC HTR allowing my participation in this activity under the terms set forth herein agrees to indemnify TLR LLC HTR and its Associates for all reasonable attorneys fees and related costs incurred in defending themselves against any compensatory actions taken or threatened by the Rider, the parents or guardians thereof, or his or her heirs, estate, assigns, including all minor children, and parental representatives. As much as we enjoy making our horses available to various riders (paying or otherwise), we respectfully request that if Rider believes that a horse-related personal injury or death (apart from TLR LLC HTR's willful and gross negligence) is justifiable grounds for shifting any part of the financial, emotional, and physical burdens of his or her injury (as onerous, regrettable, and/or tragic as they may be) back to TLR LLC HTR or its Associates, then please do not participate in this activity with our horses. Thank you.

All riders and parents or legal guardians must sign below after reading this entire document: SIGNER STATEMENT OF AWARENESS I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. WE FURTHER ATTEST THAT ALL FACTS RELATING TO THE APPLICANT ARE TRUE AND ACCURATE

MUTUAL NON-DISCLOSURE AGREEMENT and Archaeological NDA

This Agreement is made and entered into as of the last date signed below (the “Effective Date”) by and between TLR LLC Triple L Ranch dba Triple L Ranch Private Custom Agricultural tours a LLC ( My company ) corporation having its principal place of business at 15900 Piilani Highway, Kanaio Hi 96790 and , (Seconds party) whose shall be our guest per reservation.

WHEREAS My Company and the Second Party (the “Parties”) have an interest in participating in discussions and activities wherein either we might share information with the other party that the disclosing Party considers to be proprietary and Confidential IE: Private Tour/ Ride, meals etc to itself (“Confidential/Private Tour/ Ride Information”); and

WHEREAS the Parties agree that Confidential/Private Tour/ Ride Information of a Party might include, but not be limited to that Party’s: (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) practices, tours, locations, grave sites, cultural sites, historical sites, BBQ’s meals preparations of meals, inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information; or (5) Land and agricultural practices and surrounding tours areas. The entire ride is considered PRIVATE information.

NOW, THEREFORE, the Parties agree as follows: 1. Either Party may disclose Confidential/Private Tour/ Ride Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and Confidential/Private Tour/ Ride either by marking it, in the case of written materials, or, in the case of information that is disclosed orally or written materials that are not marked, by notifying the other Party of the proprietary and Confidential/Private Tour/ Ride nature of the information, such notification to be done orally, by e-mail or written correspondence, or via other means of communication as might be appropriate.

2. When informed of the proprietary and Confidential/Private Tour/ Ride nature of Confidential/Private Tour/ Ride Information that has been disclosed by the other Party, the receiving Party (“Recipient”) shall, for a period of three (3) years from the date of disclosure, refrain from disclosing such Con Confidential/Private Tour/ Ride tour Information to any contractor or other third party without prior, written approval from the disclosing Party and shall protect such Confidential/Private Tour/ Ride Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and Confidential/Private Tour/ Ride information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who has access to Confidential/Private Tour/ Ride Information disclosed under this Agreement is informed of its proprietary and Confidential/Private Tour/ Ride nature and is required to abide by the terms of this Agreement. The Recipient of Confidential/Private Tour/ Ride Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential/Private Tour/ Ride Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential/Private Tour/ Ride Information.

3. All Confidential/Private Tour/ Ride Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential/Private Tour/ Ride Information on the other Party. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential/Private Tour/ Ride Information disclosed under this Agreement and all notes related to such Confidential/Private Tour/ Ride Information. The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential/Private Tour/ Ride Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.

4. The terms of this Agreement shall not be construed to limit either Party’s right to develop independently oracquire products without use of the other Party’s Confidential/Private Tour/ Ride Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential/Private Tour/ Ride Information. Nothing in this Agreement will prohibit the Recipient from developing or having developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential/Private Tour/ Ride Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development. Non-Disclosure Agreement

5. Notwithstanding the above, the Parties agree that information shall not be deemed Confidential/Private Tour/ Ride Information and the Recipient shall have no obligation to hold in confidence such information, where such information:

(a) Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party; or

(b) Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents; or

(c) Is independently developed by the Recipient without reference to any Confidential/Private Tour/ Ride Information disclosed hereunder; or

(d) Is approved for release (and only to the extent so approved) by the disclosing Party; or

(e) Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.

6. Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Parties.

7. Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement.

8. This Agreement contains the entire agreement between the Parties and in no way creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement.

9. This Agreement shall remain in effect for a period of two (2) years from the Effective Date unless otherwise terminated by either Party giving notice to the other of its desire to terminate this Agreement. The requirement to protect Confidential/Private Tour/ Ride Information disclosed under this Agreement shall survive termination of this Agreement.

COVID-19 LIABILTY WAIVER

 

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that TLR LLC (Triple L Ranch Private Horseback Tours) has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that TLR LLC (Triple L Ranch Private Horseback Tours) can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, ranch staff, and other ranch clients and their families.
I voluntarily seek services provided by TLR LLC (Triple L Ranch Private Horseback Tours) and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold TLR LLC (Triple L Ranch Private Horseback Tours) harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the ranch, or that may otherwise arise in any way in connection with any services received from TLR LLC (Triple L Ranch Private Horseback Tours) I understand that this release discharges TLR LLC (Triple L Ranch Private Horseback Tours) from any liability or claim that I, my heirs, or any personal representatives may have against the salon with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from TLR LLC (Triple L Ranch Private Horseback Tours) This liability waiver and release extends to the ranch together with all owners, partners, and employees.