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Hold Harmless Agreement This form must be signed and with an original on file for every person on the tour. It must accompany all applications for tour (may be sent by fax but followed by mailed original copy). Every passenger on HorseBack Tours shall constitute an agreement and affirmation that all for themselves, their principals, representatives, employees and agents and heirs: I agree to hold, HorseBack Tours, their officials, directors, and employees harmless for any action taken. This shall be a condition of travel. I Agree that as a condition of and in consideration of acceptance of travel, entrant authorizes HorseBack Tours to market, transfer, assign, or otherwise make use of any photographs, likenesses, films, broadcasts, cable casts, audio tapes, or videotapes taken of participants while on the tour, in any way they see fit for the promotion, coverage or benefit of HorseBack Tours, without compensation to any of them. I Agree that they participate voluntarily in the tour fully aware that traveling in Third World countries, air travel, and riding or viewing horses involve inherent dangerous risk of serious injury or death, and by participating expressly assume any and all risks of injury or loss, and I agree to indemnify and hold HorseBack Tours, Cheryl Aldrich, Dave Johnson, and their officials, directors, employees and agents harmless from and against all claims including for any injury or loss suffered during or in connection with the tour whether or not such claim, injury or loss resulted, directly or indirectly, from the negligent acts or omissions of said officials, directors, employees, or agents of HorseBack Tours. This shall be a condition of travel. ALL DISPUTES ARE SUBJECT TO ARBITRATION: All claims and disputes arising out of this contract shall be submitted to, and shall be determined by, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction, Such arbitration shall be subject to the Federal Arbitration Act (9U.S.C.=A71, et. seq.) Any questions not resolved under these rules shall be resolved by Texas Law. Arbitration shall be held in Weatherford TX, Parker County, at a location determined by the AA. The prevailing party in any dispute shall recover his/her attorney fees, costs and expert fees. This is a condition of travel. I have read HorseBack Tours Rules and Regulations, Tour Agreement and Hold Harmless Agreement and agree to abide by all of them. This agreement binds my heirs, to the above conditions and rules. Signature__________________________________ Date____________________________ |