In consideration of Mancal Properties Development Inc. ("MPD") permitting the above named participant (the "Participant") to participate in equestrian activities, use the facilities, and (if applicable) to board horses, the Participant or the parent/legal guardian of the Participant if the Participant is under 18 years of age (in each case, the signatory below and referred to as "I" in this Agreement) hereby agrees as follows:
DEFINITIONS: In this Agreement, the following terms have the following meanings:
(a) "equestrian activities" means all activities, programs, events and services whether provided, sponsored, organized or hosted by MPD, the Calgary Polo Club or otherwise, on or about the facilities, including but not limited to horseback riding, showing animals, giving or taking lessons, riding, jumping, participating in polo matches, polo practice or related activities at the Calgary Polo Club and any transportation, of boarding, maintaining and handling of animals by the Participant and any and all other forms mounted and un-mounted equestrian activities;
(b) "facilities" means all premises, facilities and equipment as owned by MPD, some of which may be leased to the Calgary Polo Club, for equestrian activities; and
(c) "horse boarding" means the boarding of participants' horses at the facilities.
ASSUMPTION OF RISKS: I am aware of, and hereby freely accept and fully assume, the inherent risks, dangers and hazards associated with my participation (or, in the case of a minor child, the Participant's participation) in the equestrian activities, use of the facilities and, if applicable, horse boarding, including without limitation: (i) physical injury including injury to the body and head, permanent paralysis and death; (ii) exacerbation or aggravation of medical conditions; (iii) injury, loss or damage to property, including animals; (iv) injury, loss or damage caused by negligent design or manufacture or mechanical failure of any facilities; (v) injury, loss or damage caused by failure to use or operate any facilities within the Participant's own ability; (vi) injury, loss or damage caused by defective, dangerous or unsafe conditions of the facilities; and (iv) negligence on the part of MPD, and its shareholders, directors, officers, volunteers, employees, representatives, landlords, agents, independent contractors, subcontractors, sponsors, tenants, other participants, Rob & Jennifer Foster and any of their successors and assigns (collectively, the "Releasees") including negligent advice regarding equestrian activities, failure by the Releasees to provide warnings, directions, instructions or guidance as to the use of the facilities, and the conduct of any other participant or person using the facilities.
HELMETS AND SAFETY GEAR: I understand that it is required of the Releasee to wear an ASTM/SEI approved riding helmet and utilize other safety gear appropriate to my level of experience while on a horse. I accept full responsibility for any accident or injury to myself, family members, guests, and or others if I or they choose not to use appropriate safety gear.
HORSES ARE INHERENTLY DANGEROUS: I understand that engaging in equine activities is an inherently dangerous activity, and that, by so doing, I expose myself to dangers both known and unknown. Horses are large, unpredictable animals which may be dangerous no matter how much training they have, no matter what level of experience I have, and no matter what the situation. I agree and understand that the Releasee cannot control the horses boarded there, and that I shall release and hold harmless the Releasee from any injury arising out of or related to equine activities at the Releasee's facilities.
I AM RESPONSIBLE FOR MY OWN CONDUCT AND THAT OF MY HORSE: I understand that I will ride and handle my horse, and will conduct myself, at my own risk while I am on MPD's property or otherwise.
DEATH OR INJURY TO HORSE: The Releasees will not be held responsible for injury or death to any horse(s) absent active gross negligence on their part.