TERMS & CONDITIONS

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK 

In consideration of the services of Charles & Sherri Mann d/b/a Embrace Adrenaline & Flying Colors, their agents, officers, volunteers, employees, and all other persons or entities acting in any capacity on behalf (hereinafter collectively referred to as "EA&FC"), I hereby agree to release, indemnify, and discharge EA&FC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 

1. I acknowledge that my participation in aerial arts training and instruction – flying trapeze, static trapeze, silks, web, lyra, globe, low wire, acro hand balancing, hammock, tumbling, unicycle, bicycle, pole arts, cyr wheel and outside trampoline activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. 

The risks include, among other things: slips and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; transmissible pathogen or disease; the negligence of other participants or persons who may be present; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity. Trampolines entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Participants can suffer more serious injuries as well. Traveling to and from trampoline locations will raise the possibility of any manner of transportation accidents. Participants often fall on each other resulting in broken bones and other serious injuries. Double bouncing, more than one person per trampoline can create a rebound effect causing serious injury. Flipping and running and bouncing off the walls is dangerous and can cause serious injury and must be done at the participants own risk. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. 

Furthermore, EA&FC personnel have a difficult job to perform. They seek safety but are not infallible. They might be unaware of a participant's fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless EA&FC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of EA&FC's equipment or facilities, including any such claims which allege negligent acts or omissions of EA&FC. 

4. Should EA&FC or anyone acting on her behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 

6. In the event that I file a lawsuit against EA&FC, I agree to do so solely in the state of Minnesota, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against EA&FC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at EA&FC. 

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. 

PARENT'S OR GUARDIAN'S  INDEMNIFICATION:

If the registrant is a minor, then in consideration of the registered minor, the registrant is being permitted by EA&FC to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless EA&FC from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).

This agreement is deemed signed when the party checks the box and accepts the Terms and Conditions, and is delivered by email or other electronic medium. This check or electronic signature shall be treated in all respects as having the same force and effect as original signatures.

Beach and Water Sports Waiver:

I understand that there is a beach and lakefront on the property, and that every camp included beach and lake time, and that by signing here, I am granting my permission for my child or I to utilize the beach/ lake and taking full responsibility for this use. If I or my child decides to participate in any water activities including swimming, wake-surfing, water-skiing, paddle boarding, canoeing, kayaking, wading, flotation device, riding on a towable tube, riding on a boat, or playing on the slip and slide, I do so at my own risk. I understand that EA & FC will do everything in their power to keep me/ my child safe, but there are inherent risks in the use of the beach/lake which I take full responsibility for. By signing I am giving permission for all lake and beach use stated above and taking full responsibility for myself and any minor children.

This agreement is deemed signed when the party checks the box and accepts the Terms and Conditions, and is delivered by email or other electronic medium. This check or electronic signature shall be treated in all respects as having the same force and effect as original signatures.

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

UNDER THE MICHIGAN EQUINE ACTIVITY LIABILITY ACT, AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN AN EQUINE ACTIVITY RESULTING FROM AN INHERENT RISK OF THE EQUINE ACTIVITY. 

UNDER MINNESOTA STATUTES 604A.12 THE SPONSOR(S) OF LIVESTOCK ACTIVITIES ARE NOT LIABLE FOR THE INJURY OR DEATH OF A PARTICIPANT, OR A SPECTATOR IN AN UNAUTHORIZED AREA, ARISING FROM THE INHERENT RISK OF LIVESTOCK ACTIVITIES. 

Read this Agreement carefully before signing it. Your signature indicates you understand this Agreement and agree to its terms. By signing this Agreement, you and your child are giving up certain legal rights, including the right to sue or recover damages in case of injury, death, or property damage, for any reason, including, but not limited to, the negligence of the Stable, its owners, members, managers, employees, instructors, or agents (“the Releasees”). I, __________________________________________, on behalf of □ myself □ my child __________________________________________, in consideration [Print First and Last Name] [Print Child’s First and Last Name] 

for allowing me (or my minor child) to handle, ride, train and/or do or learn tricks on a horse (hereinafter “Activity”), and on behalf of myself, my child, or our personal representatives, heirs, next-of-kin, spouses, and assigns, HEREBY: 

1. Acknowledge that a horse, pony, mule, or donkey (collectively “horse”) may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person, push or shove a person, or saddles may loosen or break – all of which may cause myself or my child to fall or be jolted, resulting in property damage, serious injury, paralysis, or death. 

2. ACKNOWLEDGE THAT HORSEBACK RIDING IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES KNOWN AND UNKNOWN RISKS THAT MAY CAUSE SERIOUS PHYSICAL, EMOTIONAL AND/OR MENTAL INJURY AND IN SOME CASES DEATH, to myself, my child, or third parties, because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance. 

3. Voluntarily assume the risk and danger of injury, death, or damage inherent in the use of the horse, equipment, and gear provided to me or my child by Equine Elite, LLC (herein referred to as “the Stable”). I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activity. I expressly agree to and promise to accept and assume all of the risks existing in this Activity on behalf of myself and my child. My or my child’s participation in this Activity is purely voluntary, and I elect to participate, or have my child participate, in spite of the risks. I further assume full responsibility for any liability on account of loss of wages due to personal injuries or any other medical expenses or damages to myself or my child. 

4. RELEASE, DISCHARGE, AND PROMISE NOT TO SUE the Stable, doing business under its own name or any other name and/or any of its owners, members, managers, employees, instructors, or agents (herein referred to as “the Releasees”), for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including but not limited to death or paralysis) to myself, my child, or my property. 

5. Release the Releasees from any claim that such Releasees are or may be negligent (either by commission or omission) in connection with my or my child’s riding experience or ability including but not limited to training or selecting horses, maintenance, care, fit or adjustment of saddles or bridles, instruction or riding skills, or leading and supervising riders. 

6. INDEMNIFY, SAVE, AND HOLD HARMLESS the Releasees from and against any loss, liability, damage, attorney fee, or cost they may incur arising out of or in any way connected with either my or my child’s use of the horse and any equipment or gear provided therewith or any acts or omissions of the Releasees. 7. Expressly agree that this Release and Waiver of Liability, Waiver of Claims, Express Assumption of Risk, and Indemnity Agreement (herein “the Agreement”) is governed by the State of Michigan and is intended to be as broad and inclusive as permitted by Michigan Law. Any action arising out of this Agreement or the relationship between the parties shall be brought in the state courts of Midland County, Michigan. In the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality, and unenforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. Invalid, illegal, or unenforceable provisions shall be reduced to their legally maximum enforceable scope. 8. Acknowledge that this document is a contract and agree that if a lawsuit is filed against the Releasees for any injury or damage related to the Activity contemplated by this Agreement, or if it becomes necessary for the Releasees to enforce this Agreement, I will pay all attorney’s fees and costs incurred by the Releasees in defending/prosecuting such an action, regardless of the outcome of the action. 

9. State that I and my minor child are not now pregnant and that I and my child have no history of epileptic seizures, heart conditions, or any other medical problems that could be affected by horseback riding. I acknowledge the Releasees do not have information about my or my child’s fitness, abilities, or pre-existing conditions, whether known or unknown to me or my child. I assume the risk of any medical or physical condition I or my child has, whether known or unknown to me or my child. 

10. IT IS RECOMMENDED THAT I AND MY CHILD WEAR PROTECTIVE HELMETS WHEN RIDING. IT IS MY UNDERSTANDING THAT A PROTECTIVE HELMET IS AVAILABLE AND HAS BEEN OFFERED FOR MY OWN OR MY CHILD’S SAFETY. I (and/or my child) decline to wear a helmet despite being advised that a helmet is available for use (initial here): ___________. 11. If the person who is to enter into this Agreement is less than eighteen (18) years of age, his/her parent or guardian must read this Agreement and sign below on the behalf of the minor. 

12. By entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasees, other than what is set forth in this Agreement. 

I have read the entirety of this Release and Waiver of Liability, Waiver of Claims, Express Assumption of Risk, and Indemnity Agreement. I understand that by signing this Agreement I am agreeing not to sue the Releasees, and I agree to release all claims I or my child may have against the Releasees as part of my or my child’s participation in the Activities contemplated by this Agreement. I have made a free and deliberate choice to sign this Agreement as a condition to Releasees allowing me or my child to ride and handle a horse. 

I hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. 

5 Day Camp Cancelation & Refund Policy:

Cancellation up to May 1st-all but $120.00 credited onto gift card on portal for future purchase. No credit or refund after May 1.

3 Day Camp Refund and Cancelation Policy:

Cancellation up to May 1st-all but $100.00 credited onto gift card on portal for future purchase. No credit or refund after May 1.