BOURKE EVENTING L.L.C. 

EQUINE ACTIVITY LIABILITY RELEASE, WAIVER OF RIGHT TO SUE AND ASSUMPTION OF ALL RISKS

Under Virginia law, an equine activity sponsor or equine professional or any other person, including a corporation or limited liability company, is not liable for any injury to, or death of, a participant in equine activities resulting from the inherent risks or intrinsic dangers of equine activities.

CODE OF VIRGINIA TITLE 3.2. AGRICULTURE, ANIMAL CARE, AND FOOD. SUBTITLE V. DOMESTIC ANIMALS. CHAPTER 62. EQUINE ACTIVITY

LIABILITY. VA. Code Ann. $3.2-6200, et seq. is made part of this Agreement.

, the undersigned have read and understand, and for good and valuable consideration, freely and voluntarily enter into this Equine Activity Liability Release, Waiver of Right to Sue and Assumption of All Risks (the "Agreement") with Bourke Eventing, L.L.C., Marley Stone Bourke, Timothy Bourke and, their respective heirs, members, parents, trainers, customers, affiliates, agents, assigns, volunteers, employees, independent contractors, guests, invitees, and others acting on their behalf (the "Released Parties"), understanding that this Agreement is a waiver of any and all liability(ies) I do SO on behalf of myself or my minor child: (the "Participant"), as applicable.

This Agreement is given in part under the Equine Activity Liability Act, VA. Code $3.2- 6200 et seq. as it now provides or may hereafter be amended ("the Act" All terms defined by the Act shall have the same meaning herein, and the Act is incorporated in this Agreement by reference. I have read and been given a copy of the Act. I have full and complete notice and understanding of the Act and of all the risks inherent in and the intrinsic dangers of equine activities which may cause, contribute or result in the death or personal injury of the Participant or damage to the Participant's property (the "Risks" These Risks include, but are not limited to: (i) the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other animals or objects; and (v) the potential of a participant acting in a negligent manner that may contribute to injury to the Participant or others, such as failing to maintain control over the equine or not acting within the Participant's ability.

I hereby release and waive all rights which I and/or my minor child may have or hereafter have against the Released Parties, any and all equine professionals, sponsors, employees, and/or staff, and anyone else directly or indirectly connected with that business from any liability whatsoever in the event of injury or damage of any nature, including death, to me, my property, my minor child or anyone else resulting from the Risks of equine activity(ies I waive my right to sue or bring any action against the Released Parties and agree to indemnify and defend the Released Parties against any such suit or action including reimbursement of legal fees associated with the defense of any claim; and hereby expressly assume all risks and dangers of injury, loss, damage or death which in any way may result from the Risks of equine activity.

I hereby authorize and consent to any emergency medical care which may at the time appear reasonably appropriate under the circumstances as a result of injury or sickness caused by or incurred in the course of an equine activity. I hereby authorize and consent to any emergency veterinary treatment to my horse(s) which may at the time appear reasonably appropriate as a result of injury or sickness caused by or incurred in the course of an equine activity and/or while on the property or premises of any of the Released Parties.

This Agreement shall remain valid and in full force and effect from and after the date opposite the signature of the undersigned Participant unless expressly revoked in a written notice personally delivered to Bourke Eventing, L.L.C.

To the extent possible, this Agreement shall be construed in such manner as will render it, and each provision of it, fully enforceable; but if any provision of this Agreement shall be unenforceable, such provision (or SO much thereof as is unenforceable) shall be deleted and the remainder of this Agreement shall continue in full force and effect.

If this Agreement is executed by the undersigned for and on behalf of a minor participant named below, the undersigned hereby warrants and represents that he/she is in fact the legal parent or guardian of such minor, with full rights of custody and control; that this Agreement is given on behalf of and is intended to be binding upon said minor participant, his/her heirs, personal representatives, successors and assigns; and the undersigned further agrees that this Agreement shall also be as fully binding on the undersigned as if it were entered into solely on his/her own behalf.

This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the Participant and the undersigned.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any action brought by

any party hereto shall be brought in the General District Court or Circuit Court of Clarke County, Virginia.

I HAVE FULLY READ AND FULLY UNDERSTAND THE

FOREGOING EQUINE LIABILITY RELEASE, WAIVER OF RIGHT TO SUE AND ASSUMPTION OF ALL RISKS. I HAVE CONSULTED AND RELIED UPON MY OWN ADVISORS ON ALL QUESTIONS IN CONNECTION THEREWITH, AND I HAVE NOT RELIED UPON THE SPONSOR/PROFESSIONAL, ANY OWNER OR THE EQUINE ACTIVITY SPONSOR FOR ANY ADVICE OR EXPLANATION IN CONNECTION THEREWITH.

NOTICE: Wearing an ASTM/SEI approved hard hat is REQUIRED while riding.

Printed Name of Participant: Signature:

(or Guardian Signature if rider is under 18)

Title 3.2 - Agriculture, Animal Care, and Food Chapter 62 - Equine Activity Liability

As used in this chapter, unless the context requires a different meaning: "Engages in an equine activity" means: (i) any person, whether mounted or unmounted, who rides, handles, trains, drives, assists in providing medical or therapeutic treatment of, or is a passenger upon an equine; (ii) any person who participates in an equine activity but does not necessarily ride, handle, train, drive, or ride as a passenger upon an equine; (iii) any person visiting, touring or utilizing an equine facility as part of an event or activity; or (iv) any person who assists a participant or equine activity sponsor or management in an equine activity. The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to an equine or equine activity. "Equine" means a horse, pony, mule, donkey, or hinny. "Equine activity" means: (i) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, endurance trail riding and western games, and hunting; (ii) equine training or teaching activities; (iii) boarding equines; (iv) riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (v) rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (vi) conducting general hoofcare, including placing or replacing horseshoes or hoof trimming of an equine; and (vii) providing or assisting in breeding or therapeutic veterinary treatment. "Equine activity sponsor" means any person or his agent who, for profit or not for profit, sponsors, organizes, or provides the facilities for an equine activity, including pony clubs, 4-H clubs, hunt clubs, riding clubs, school- and college-sponsored classes and programs, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including stables, clubhouses, ponyride strings, fairs, and arenas where the activity is held. "Equine professional" means a person or his agent engaged for compensation in: (i) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon an equine; or (ii) renting equipment or tack to a participant. "Intrinsic dangers of equine activities" means those dangers or conditions that are an integral part of equine activities, including: (i) the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other animals or objects; and (v)

the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or not acting within the participant's ability. "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

§ 3.2-6201. Horse racing excluded.

The provisions of this chapter shall not apply to horse racing, as that term is defined by § 59.1-365.

§ 3.2-6202. Liability limited; liability actions prohibited.

Except as provided in § 3.2-6203, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation, partnership, or limited liability company, shall not be liable for an injury to or death of a participant resulting from the intrinsic dangers of equine activities and, except as provided in § 3.2-6203, no participant, participant's parent or guardian, or representative of such parent or guardian, shall have or make any claim against or recover from any equine activity sponsor, equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the intrinsic dangers of equine activities.

Except as provided in § 3.2-6203, no participant or parent or guardian of a participant who has knowingly executed a waiver of his rights to sue or agrees to assume all risks or intrinsic dangers of equine activities may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity. The waiver shall give notice to the participant of the intrinsic dangers of equine activities and may be executed at a location other than that of the equine activity. The waiver shall remain valid unless expressly revoked in writing by the participant or his parent or guardian. For purposes of this section, in the case of a minor participant, the execution of a waiver by a duly authorized representative of the parent or guardian designated in writing by the parent or guardian shall constitute a valid and knowing execution of a waiver by the parent or guardian.

§ 3.2-6203. Liability of equine activity sponsors, equine professionals.

No provision of this chapter shall prevent or limit the liability of an equine activity sponsor or equine professional or any other person who: 1. Intentionally injures the participant; 2. Commits an act or omission that constitutes negligence for the safety of the participant and such act or omission caused the injury, unless such participant, parent or guardian has expressly assumed the risk causing the injury in accordance with subsection B of § 3.26202; or

3. Knowingly provides faulty equipment or tack and such equipment or tack was faulty to the extent that it did cause the injury or death of the participant.