The Painted Pony Resort

An Escape To Tranquil Beauty

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Exhibit A


PAINTED PONY RENTAL RULES & TERMS & CONDITIONS

Release of Liability



Width3Width10782WidthB3WidthA3Width3Width10782RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

(Hereinafter the "Release Agreement")

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT


A copy of this release is posted on the wall in the Office Area of the Main House for the Renter and all Guests of the Renter.



1.     Smoking is allowed outside only.

2.     People other than those in the Renter party set forth above may not stay overnight in the property.  Any persons in the property are the sole responsibility of Renter.

3.     All of the units are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the Renter. By accepting this Agreement, it is agreed that all Renters are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.


4.     Keep the property and all furnishings in good order

5.     Only use appliances for their intended uses

6.     Pets are NOT allowed inside the buildings.

7.     Housekeeping:  There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate.

8.     Water and Septic: This Estate is on a well water and septic system.  The septic system is very effective; however, it will clog up if improper material is flushed.  DO NOT FLUSH anything other than toilet paper.  No feminine products should be flushed at anytime.  If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to $500.

9.     Pets:  No animals of any type allowed INSIDE any of our buildings except for pets in the garage.  Pets also allowed in the Courtyards of each building.

10.     Use of the PPR Airstrip is strictly forbidden unless you are a licensed pilot and have signed our Airstrip Liability Release Form.

11.     Professional filming or picture taking for commercial or professional use without express written authorization from the owner of PPR is forbidden.

12.     Dangerous Activities: Painted Pony resort does not condone, sponsor, or approve of any potentially dangerous activities including setting off fireworks and use of firearms.  Renters who engage in such activities assume all risk and liability.  We specifically do not condone sweat lodges, fire walking, or other ceremonies that involve practices that could put our Renters in danger.  Also discouraged are any activities such as snake handling or the practice of unconventional medicine for the treatment of injuries or unconventional healing procedures.  

13.     Night Lighting:  The Rodeo/Portal Area is known for a dark sky.  Excess outdoor lighting threatens local astronomy activities in the area; therefore, local establishments, such as PPR, have limited lighting in and around our buildings during the night.  We request that you bring a flashlight or ask our Estate Manager to obtain a loaner flashlight during your stay if you spend time outside at night.  Light pollution is stealing the night from all of us, and, the growing astronomy community in our area is attempting to take steps so we do not over-light our community.  For this reason you will need a flashlight for walking at night.

14.     Medical Issues: Any and all medical issues should be brought to the attention of the Estate Manager and referred to appropriate medical or emergency practitioners in the area.  In case of emergency dial 911 for local emergency response team.

15.     Non-Scheduled or Emergency Evacuation, Rescue or First Aid

The Renter acknowledges that PPR is in a Rural Area and agrees that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be Renter's or Renter's Guests responsibility and will not be covered by the Painted Pony Resort its owners or agents.  Further the Renter agrees that this applies to all their guests and that they will communicate such to their adult guests by pointed out to them the posted Release Agreement on the wall in the Main House office area.

16.     Swimming Pool & Spa Waiver and Release of Liability: In consideration for the use of the PPR pool and spa facilities, the Renters and his/her Renters hereby forever release and covenant not-to-sue the Painted Pony Resort, its owners, employees, volunteers, agents, and all others who are involved, from any and all present and future claims resulting from ordinary negligence on the part of the PPR or others listed for property damage, personal injury, or wrongful death, arising as a result of my engaging in pool or spa use activities or any activities incidental thereto, wherever, whenever, or however the same may occur. Renters hereby voluntarily waive any and all claims both present and future, resulting from ordinary negligence, that may be made by them, their family, estate, heirs, estate or assigns, and they relinquish on behalf of themselves, spouse, heirs and assigns the right to recover for injury or death.

Renters are aware that swimming and other pool activities are vigorous and can involve severe cardiovascular stress. Renters understand that swimming and other pool and spa activities involve certain risks, including but not limited to death. In addition, Renters understand that participation in swimming pool use involves activities incidental thereto, including, but not limited to, the possible reckless conduct of other participants. All stresses and hazards associated with this activity cannot be foreseen.

Renters voluntarily use pool and spa facilities with knowledge of the danger involved and hereby agree to accept any and all risks of property damage, personal injury, or death.  Renters agree to keep glass items out of pool and spa areas and will be responsible for any accidents involving glass clean up including any additional costs to owner to remove glass from water in the event of an accident caused by the Renters.

17.     General Liability and Indemnification:  You acknowledge that someone age 21 or older will be present at PPR  during your reservation dates.  Further, you acknowledge that you or someone over 21 in the group is responsible for chaperoning any Renters under the age of 18.  Renter assumes liability for loss at PPR including pathways, theft, disappearance, damage or injury to goods, wares, merchandise and property of any kind, including without limitation property of Renter and Guests.  

Renter assumes liability for injury and death of any person in any way connected with Renter's use of PPR from any cause whatsoever.  Renter agrees to indemnify and hold PPR harmless from any and all loss, liability, actions, suits, proceedings or claims, including attorney's fees and/or other expenses resulting from or arising out of the Renter's use of PPR  including but not limited to any damage to property, injury or death.

Renter waives any right to claim or seek consequential or special damages for any act of omission or breach of this Agreement by PPR or its agents, employees, or subcontractors.  Renter agrees that PPR liability for any proven damages shall be limited to the fees paid under this agreement.


Occupancy Policies


A child is anyone 12 years of age or under.


Guest House:  7 total


Main House:  13 total


Bungalow:  6 total


Cabin: 6 total


Renting the whole complex you are allowed up to 32 people in the buildings.