GENERAL RELEASE AND WAIVER OF LIABILITY

ASSUMPTION OF RISK AND INDEMNITY

I, the undersigned, on behalf of myself, and each and every minor child participant for whom I am signing this General Release and Waiver of Liability, Assumption of Risk and Indemnity (“Release”), hereby acknowledge and agree:

1. This Release is being given as and in consideration for The Oaks Venture, LLC (“The Oaks”) allowing the undersigned, the Conference Attendee/Vendor named below and/or each and every minor child participant named below or for whom I am signing this Release, each of whom is sometimes also referred to herein as the “participant,” to participate in the activities offered at The Oaks Center and adjacent equestrian facilities operated by Oaks Equestrian, LLC (“OE”). References herein to property, premises or facilities of The Oaks shall include The Oaks Center and those operated by OE. Activities may include, but are not limited to, archery, swimming, diving, pool slide, lake use, hiking, biking, field games, tennis, basketball, horseshoes, horse rides, game room and similar activities, including activities related to services being provided by third party vendors as set forth in Section 2 below (each, referred to herein as “activity” or collectively, as “activities”).

2. The terms of this Release shall apply with full force and effect to third-party vendors (including, without limitation, caterers, band members, photographers, wedding coordinators, or other service providers) who or which will be onsite or on property to provide services to guest groups, conference attendees or invitees at The Oaks Center.

3. If the Conference Attendee or participant is a minor, the undersigned hereby represents and warrants that he or she is in fact the legal guardian or parent of such minor, with full rights of custody and control, and authorizes The Oaks to allow said minor to participate in all activities offered to attendees of the Conference or at The Oaks.

4. I/we, the undersigned: (a) acknowledge that the activities may involve physical exertion and pose inherent risks and dangers of serious personal injury; (b) have the full and complete understanding of the possibility and risk of injury to individuals participating in or observing the activities; (c) am/are aware that such risk of injury includes, but is not limited to, risk of serious personal injury, permanent disability, blindness, loss of hearing, or death; (d) recognize the need for each participant to follow all rules and directions given by any Oaks Staff Member, Program Director, Referee, Lifeguard, or Medic; (e) understand that each participant shall be required to wear any safety gear deemed necessary by The Oaks and that it is the responsibility of each participant to do so; (f) represent and warrant that the physical and mental condition of the participant will enable him/her to participate safely in each of the activities listed above; (g) understand and acknowledge that other risks to which the participant may be exposed include, but are not limited to, snake bite, insect bites and stings, exposure to poisonous plants, heat stroke, as well as risks associated with traveling along mountain roads and inclement weather; and (h) further understand that certain activities may involve the handling or riding of a horse, pony or mule, and that a horse, pony or mule is an unpredictable animal which may, without warning, buck, stumble, fall, trip, bite, kick, make or have unpredictable movements or reactions, spook, and/or jump, any or all of which may cause the participating rider or handler to fall and sustain serious personal injury, including permanent disability or even death.

5. I/we, the undersigned, individually and on behalf of each minor participant named below or for whom I am signing this Release, hereby:

(i) voluntarily assume ALL risks and dangers of personal injury or even death inherent in the participation of any or all of the activities offered at The Oaks, including but not limited to, handling or riding of a horse, pony or mule or other equines, or using of equipment and gear provided to participants in any activities;

(ii) waive and release The Oaks and OE, and each of their respective owners, officers, directors, shareholders, partners, members, managers, employees, agents, heirs, assigns, lenders and insurers, from any and all claims, demands, actions, causes of action and rights to sue (contingent, accrued, inchoate, or otherwise), which may arise out of, or in connection with, or resulting (directly or indirectly) from the participant’s attendance at the above-referenced Conference or any conference at The Oaks, presence at The Oaks Center, and/or participation in any activities by the participant while attending the Conference or while on the premises, whether such claim is based upon The Oaks’s or OE’s acts, omissions, active or passive negligence or otherwise;

(iii) agree to defend and hold The Oaks and OE and each of their respective owners, officers, directors, shareholders, partners, members, managers, employees, agents, heirs, assigns, lenders and insurers, harmless from and against any and all claims, liabilities, expenses, damages, losses, causes of action, and suits (including, without limitation, attorneys’ fees and court costs) arising out of, or any way related to, or resulting (directly or indirectly) from the participant’s attendance at the above-referenced Conference or any conference, presence at The Oaks Center, and/or participation in any activities while attending the Conference or while on the premises, whether such claim is based upon The Oaks’s or OE’s acts, omissions, active or passive negligence or otherwise; and

(iv) authorize and consent to any emergency medical care which may be administered as a result of injury to sickness caused by, experienced during or incurred in the course of the participant’s attendance at the above-referenced conference, presence at The Oaks Center, and/or participation in any activities while attending the Conference or while on the premises.

CONFIDENTIALITY: In order to comply with federal HIPAA regulations regarding privacy of health information, I/we agree not to disclose names or any piece of information about any participant, staff member, or any other individual having any type of relationship with Onsite Workshops at The Oaks. I/we also agree to keep strict confidence any item of information including policies, procedures, or anything related in any way to Onsite Workshops at The Oaks. I/we understand that if I/we do so I/we will be held accountable to the fullest extent of the law.

IMAGE RELEASE AND WAIVER: With the exception of Onsite Workshop guests, I/we, the undersigned, hereby give permission to The Oaks to use any photographs, videos, and/or audio recordings of the participant for promotional materials, including The Oaks web site postings, without compensation, including, but not limited to, any royalties, proceeds, and/or other benefits derived from such photographs, videos, or audio recordings.

MEDICAL RELEASE AND WAIVER: I/we, the undersigned, hereby acknowledge that The Oaks does not have onsite medical personnel at the conference center and agree that the undersigned shall be responsible for (a) providing any emergency transportation required by the participant named above, and (b) paying any medical and hospitalization costs incurred while attending the Conference.

REPRESENTATION AND WARRANTY OF AUTHORITY: By signing this Release, the undersigned represents and warrants to The Oaks that he/she is of legal age and competence to give a valid release on his or her own behalf and, if signing on behalf of a minor Conference Attendee, is the parent or legal guardian of the minor Conference Attendee and has full authority to give a valid release on behalf of such minor.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION: I agree that I am personally responsible for my safety and actions while on The Oaks property. I agree to fully abide by all guidelines, signage, and instructions of The Oaks. Because other individuals are present, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue The Oaks or OE, their respective employees, guests, associated entities, officers, agents, servants, independent contractors, affiliates, successors, and/or assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party at The Oaks, or otherwise, while participating in any activity while in, on, or around The Oaks.

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/ or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of The Oaks facilities, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Release, understand it and sign it voluntarily as my own free act and deed, including without limitation the release of liability and indemnification provisions contained in this document; I am sufficiently informed about the risks involved to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent, and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Release shall be governed by and construed in accordance with California law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this Release as a whole. I realize that, by signing below, I forever waive my rights and the rights of my heirs or representatives to file suit against The Oaks and OE, and any others designated herein for any injuries or damages to me if I or anyone associated with me contract(s) or develop(s) any type of illness related to COVID-19.

CONSENT TO SIGNING BY ELECTRONIC FORMAT I acknowledge and consent (for myself and/or for each minor participant for whom I am signing this Release) to signing and delivering this Release via electronic format, including but not limited to, typing my name, signing in PDF format or signing via other digital/electronic signature format, and further agree that such electronic format signature complies with the U.S. Federal ESIGN Act of 2000 (collectively, “Electronic Format”) and shall be binding on me (and/or the minor child) with the same force and effect as the delivery of a printed copy of this Release with an original ink signature.

THE UNDERSIGNED HEREBY REPRESENTS AND WARRANTS TO THE OAKS AND OE THAT THE CONFERENCE ATTENDEE’S PARTICIPATION IN THIS PROGRAM IS ENTIRELY VOLUNTARY AND IS NOT REQUIRED BY THE SCHOOL OR FOR ANY CLASS OR COURSE IN WHICH THE ATTENDEE MAY BE INVOLVED, OR BY ANY OTHER GROUP SPONSORING THE CONFERENCE OR PROGRAM.

By typing your name on this Release, you agree and consent to signing this Release in Electronic Format and agree to the terms and conditions of this Release.