Release of Liability

In partial consideration of my admission to the AKS Ranch 15-, L.P., AKS Ranch 15-, L.C., Swayze Ranch, SM Timber and Double A Capital, AKA “Indian Head Ranch”, herein referred to as “the Ranch” and the activities conducted on the Ranch, I understand and agree to the following terms and conditions:

1. I understand that the Ranch is located in mountainous terrain and that activities in and around the Ranch involve hazards to me (and my horse if I am riding), including risks associated with mountains, risk associated with ranches; serious sunburn; local illnesses; poisonous creatures and snakes; wild animals (bears and mountain lions included); dehydration; rapid, adverse changes in the weather conditions, including lightning; risks associated with falls; falling rocks; riding of motorized vehicles, including four-wheelers, motorcycles and jeeps; rapid rivers and deep water; bridges; hunting; and archery. I also acknowledge that unforeseen events can contribute to increase these hazards. I assume all risks of these hazards and activities.
2. I understand that the Ranch is located at a high altitude and that persons with pulmonary or cardiovascular conditions, and even apparently normal persons, may be subject to altitude sickness or more serious and possibly life-threatening pulmonary or cardiovascular episodes. I represent that I have no known condition which would limit my activities or pose a risk to my health and safety. I assume all risks of any conditions which I may have, whether known or unknown.
3. I understand that (i) the handling and riding of horses is a potentially dangerous activity both for riders and horses, not just when handling young horses or horses with unknown characteristics or when riding in rough terrain, but with all horses in all terrains; (ii) there is a potential for injury or death in being around horses, including but not limited to horses’ propensity to kick, bite, lunge or become frightened; (iii) the riding and handling of horses is a vigorous and sometimes rough activity that can lead to injury or death; (iv) I could fall from a horse, which can lead to injury or death; (v) horses can fall, leading to injury or death of the horse and/or the rider. I assume all risks of riding or being in the presence of horses.
4. I understand that driving and riding in/on motorized vehicles, including but not limited to four-wheel or three-wheel vehicles, motorcycles, jeeps, mountain bikes and snowmobiles, are very dangerous activities that can lead to injury or death, whether driving on or off roads at high or low speeds. I acknowledge these risks and the possibility of other, unforeseen risks, and I assume all risks of injury or death resulting therefrom.
5. I understand that the handling and riding of horses and the other available activities on or about the Ranch, like any potentially dangerous activities, demand my complete attention, including attention to (i) my instructor’s advice and direction (if I have an instructor); (ii) the conduct and characteristics of the horses and people around me; and (iii) the other persons, vehicles, objects, animals or things which might distract or frighten me or the horses around me. I also understand, however, that no amount of attention on my part on the part of the person, if any, supervising the activities in which I am engaged, including providing advice or instruction, choosing suitable horses, maintaining equipment, and securing equipment to horses, can eliminate all risks, and I assume all risks of injury or death associated with activities on or related to my stay at the Ranch.
6. I understand that there are cattle livestock on the Ranch that are wild and untamed. They may charge and attack persons, regardless if they are on foot, horseback, on an ATV or any other vehicle. Also, the livestock may be hidden and out of sight. I assume all risk of injury and death by livestock.
7. I understand that there may be unknown and unforeseeable hazards related to the Ranch, its location, the activities conducted or available on or near the Ranch, the riding and handling of horses, and being around horses. I represent that I alone am responsible for deciding whether or not I will participate in any activity and whether I will subject myself and my property to any known or unknown risks associated with my presence on or near the Ranch.
8. I understand that the Ranch is in a remote location and that medical treatment may not be immediately available if I am injured.
9. I AGREE TO PARTICIPATE IN THE RANCH ACTIVITIES AT MY OWN RISK. THEREFORE, for myself, my heirs and successors in interest, I hereby release and agree to indemnify and hold harmless AKS Ranch-15, L.P., AKS Ranch-15 L.C., Swayze Ranch, SM Timber, Double A Capital, Patrick Swayze (deceased), Lisa Niemi Swayze, Steven D. Alvis, Marci L. Alvis, Austin Alvis, David Klein and Mary Klein, and their respective partners, shareholders, directors, officers, employees, contractors, agents, heirs, assigns, and representatives (the “Released Parties”) from all liability for any damage, loss or injury to myself, my minor child, my guests, my guest’s horse, my horse, my minor’s horse and my other property, resulting from any accident, incident or occurrence arising out of, incidental to, or in any way related to the use of the Ranch or the activities on the Ranch, whether or not the loss, injury or death is caused by the negligence or gross negligence of the Ranch, the Ranch’s agents, employees or instructors, the landowners, the landowners’ guests, the Released Parties or the Ranch’s guests. This release applies any time that I, my minor child or my property are present on or about the Ranch. By signing this agreement, I agree to assume the risk of harm and the financial costs accompanying any such harm and agree that I do not rely on any liability insurance to cover injuries that I may suffer as a result of my presence on or about the Ranch.
10. I understand that the Ranch makes no warranty, either express or implied, regarding the condition or safety of the Ranch, the condition or safety of the property, roads, buildings, gates or other improvements, or the condition or safety of any activity on the Ranch.
11. I also accept for myself the full responsibility for any and all damage, injury or death which I, my minor child, my horse, my minor child’s horse, my guests, my guest’s horse, and my vehicles, equipment and property may sustain, including actual loss, economic damages, medical expenses, lost wages, and pain and suffering damages. I further agree that my heirs, successors and assigns shall not make any claim against the Released Parties for any such damage, injury or death which I, my minor child, my horse, my minor child’s horse, my guest’s horse, and my vehicles, equipment and property may sustain. I agree to indemnify and hold harmless the Released Parties from and against any liability, cost or expense (including attorney fees and court costs) arising from a claim by me, my minor child, my guest or any other person present on the Ranch with me, related to this agreement.
12. If I violate the terms of this agreement and sue or otherwise make a claim against any of the Released Parties, all such parties shall be entitled to recover his/her/its expense from me, including attorney’s fees.
13. As used in this agreement, the terms “I”, “me”, “my person” and “myself” include all minors in my care or present as my guest on the Ranch.
14. The terms of this instrument are severable; that is, if any part of it is held by a court of law to be unenforceable, the rest of it shall remain effective and enforceable.