PHEASANT RUN GREENHOUSE & GARDEN CENTER

RELEASE FROM LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

In consideration of being allowed by Pheasant Run Green House & Garden Center (hereinafter "Pheasant Run") to participate in training, driver education, instruction, guidance, consultation, demonstration, classes, courses, programs, activities, tours of lands, use of off-road vehicles, trail rides, trail clean-ups, property beautification, hiking, walking, spectating, group or club activities, or other events or activities (the "Activities"), including, but not limited to all activities, events, or services provided, arranged, sponsored, or authorized by Pheasant Run, I, for myself and on behalf of my heirs, assignees, personal representatives, and next of kin, hereby acknowledge and agree that: 1. I am aware that the Activities involve many risks, dangers, and hazards. The terrain may be uncontrolled, unmarked, and/or uninspected and involves many risks, dangers, and hazards, including, but not limited to variable and difficult conditions; man-made structures; mechanical failure of vehicles; difficulty or inability to control one's speed and direction; loss of balance resulting in flipping or rolling the vehicle; falling from the vehicle; collision with other motorized vehicles, equipment, persons, or natural or man-made objects; negligence of other participants; and NEGLIGENCE ON THE PART OF PHEASANT RUN, INCLUDING

THE FAILURE OF PHEASANT RUN TO SAFEGUARD OR PROTECT ME FROM

THE RISKS, DANGERS, AND HAZARDS OF OFF-ROADING. I FREELY ACCEPT

AND FULLY ASSUME ALL RISKS, DANGERS, AND HAZARDS, BOTH KNOWN AND UNKNOWN, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM.

2. I acknowledge that there are serious risks of personal injury and property damage associated with the Activities; that persons with cardiovascular, heart, and/or other serious conditions should not participate in the Activities; and that not all risks and dangers can be prevented. The risks and hazards of the Activities can result in injury, death, and/or property damage, including, but not limited to sprains, strains, fractures, heightened heart rate, bruising, lacerations, scrapes, dislocations, paralysis, head injuries, brain damage, permanent disability, death, other serious bodily injury, and/or damage to vehicles and/or personal property. I acknowledge that the foregoing risks and dangers can be affected and/or heightened by factors including, but not limited to weather conditions, traffic, equipment failure, inadequate safety measures, and/or other risks that may or may not be foreseeable.

IFULLY UNDERSTAND THE RISKS AND DANGERS ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITIES AND ACCEPT THE SAME, BOTH KNOWN AND UNKNOWN, ENTIRELY AT MY OWN RISK.

3. I acknowledge that PHEASANT RUN IS NOT RESPONSIBLE OR LIABLE FOR ANY

LIMITATION OR VOIDANCE THAT RESULTS TO THE VEHICLE'S MANUFACTURER'S WARRANTY AS A RESULT OF THE ACTIVITIES.I

acknowledge that certain off-road activity may cause damage to the vehicle from hitting rocks or other hard surfaces on uneven terrain. 4. I acknowledge that PHEASANT RUN RESERVES THE RIGHT TO INSPECT THE VEHICLE and/or the parts of the vehicle I am using to determine the extent of damage, coverage under the warranty, and the cause of damage. I further acknowledge that I am aware of the right of Pheasant Run to deny payment of any damage to the vehicle resulting from inspection of the vehicle and/or its parts. 5. I acknowledge that PHEASANT RUN AND THERE DESIGNATES RESERVES THE RIGHT TO DENY ACCESS TO THE TRAIL to anyone whom they feel presents a threat to the safety of themselves or others

6. I HEREBY WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Pheasant Run and RELEASE Pheasant Run, its officers, directors, promoters, sponsors, employees, representatives, and agents from any and all liabilities, claims, demands, actions, costs, and/or causes of action, now or in the future, arising out of and/or related to any loss, damage, injury, and/or death which may be sustained as a result of my participation in the Activities and/or the services rendered by Pheasant Run.

7. I further agree to INDEMNIFY AND HOLD HARMLESS Pheasant Run, its officers, directors, officials, agents, employees, and other participants from any and all liability for any damage to property of or personal injury to, any third party, resulting from my participation in the Activities.

8. I WILL BE RESPONSIBLE FOR AND PROMPTLY REIMBURSE THE COMPANY

FOR ANY LOSS OR DAMAGE TO THEIR EQUIPMENT, FACILITIES, AND/OR

ACCESSORIES, however arising, whether caused by my negligence or otherwise, including, but not limited to the cost of the parts, labor, and freight incurred in repairing any damage that I caused. 9. This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the state of Pennsylvania. 10. Any litigation involving the parties to this Agreement shall be brought solely in the York County Court of Common Pleas and/or the United States District Court for the Middle District of Pennsylvania.

I, FOR MYSELF AND MY FAMILY, CHILDREN, HEIRS, ASSIGNS, AND EXECUTORS, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS CONTENTS AND TERMS, UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

PHEASANT RUN GREENHOUSE & GARDEN CENTER

PARENTAL CONSENT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY (IF APPLICABLE)

In consideration of being allowed by Pheasant Run Greenhouse & Garden Center (hereinafter "Pheasant Run") to participate in training, driver education, instruction, guidance, consultation, demonstration, classes, courses, programs, activities, tours of lands, use of off-road vehicles, trail rides, trail clean-ups, property beautification, hiking, walking, spectating, group or club activities, or other events or activities (the "Activities"), including, but not limited to all activities, events, or services provided, arranged, sponsored, or authorized by Pheasant Run, I, on behalf of my minor child(ren), do hereby acknowledge and agree that:

I am the parent/legal guardian of:

I acknowledge and fully understand that the minor for whom I execute this document may engage only in Activities, as defined above, and that such Activities involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from the minor's own acts, omissions, or negligence but from the acts, omissions, or negligence of others, and further acknowledge that there may be other risks not known to me or reasonably foreseeable at this time. I assume ALL of the foregoing risks, and all other risks, whether known or unknown, that may be present in the minor's participation in the Activities, and accept personal responsibility for the damages or injuries the minor may sustain to his or her person or property while participating in such Activities, including permanent disability or death.

Ihereby agree, for myself and for my heirs, executors, administrators, representatives, successors, and assigns, to release, waive, discharge, indemnify and hold harmless Pheasant

Run and their officers, directors, limited and general partners, agents, employees, successors and assigns, from any and all claims, suits, demands, obligations, actions, causes of action, rights or damages, litigation expenses, attorneys' fees, costs and expenses, including but not limited to claims for personal injury, permanent disability, death, or property damage arising from or in any way related to the minor's participation in the Activities. This is to certify that I, as parent/guardian with legal responsibility for the minor child(ren) named above, do consent and agree to his/her release as provided above and, for myself, my heirs, assigns, and next of kin, and I release and agree to indemnify and hold harmless PHEASANT RUN from any and all liability incidents resulting from my minor child's involvement or participation in the Activities, EVEN IF ARISING FROM THE NEGLIGENCE OF PHEASANT RUN, to the fullest extent permitted by law.