EAST KOOTENAY EQUESTRIAN ASSOCIATION WAIVER OF LIABILITY
In this Agreement, the term "Equine Activities", includes, but is not limited to trail rides, competitions and riding instruction provided or organized by the Association, and other activities involving equines.
ASSUMPTION OF RISKS- I am aware that participation in Equine Activities involves various risks, dangers and hazards. These risks, dangers and hazards may include, but are not limited to: a) the propensity of any equine to behave in ways that may result in injury, harm or death to persons on or around them and to potentially collide with, bite or kick other animals, people or objects; (b) the unpredictability of an equine'sreaction to such things as sounds, sudden movement, tremors, vibrations, unfamiliar objects, persons or other animals and hazards such as subsurface objects; (c) the potential for other participants to behave in a negligent manner that may contribute to injury to themselves or others, including failing to act within their abilities to maintain control over an equine, and NEGLIGENCE ONTHE PART OF THE ASSOCIATION OR THEIR AGENTS, CONTRACTORS,
EMPLOYEES AND VOLUNTEERS ASSISTING WITH THE EQUINE ACTIVITIES, INCLUDING THE FAILURE OF THE ORGANISERS, THEIR AGENTS, CONTRACTORS, EMPLOYEES AND VOLUNTEERS ASSISTING WITH THE EQUINE ACTIVITIES TO SAFEGUARD OR PROTECT ME FROM THE RISKS ASSOCIATED WITH EQUINE ACTIVITIES. I ACKNOWLEDGE THAT in the event of an accident, rescue and medical treatment may not be readily available, or at all.
I AM AWARE OF THE RISKS OF PARTICIPATING IN THE EQUINE ACTIVITIES AND IFREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
I ACKNOWLEDGE THAT INSURANCE COVERAGE MAY NOT BE CARRIED BY THE ASSOCIATION THAT WOULD COVER ANY LOSS , DAMAGE OR INJURY, INCLUDING DEATH, TO MYSELF.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of ASSOCIATION allowing me to participate in the EQUINE ACTIVITIES , and for other good and valuable consideration, the receipt
and sufficiency of which is acknowledge, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE ASSOCIATION, THEIR AGENTS, CONTRACTORS, EMPLOYEES AND VOLUNTEERS ASSISTING WITH THE EQUINE ACTIVITIES, including their directors, officers, agents, independent contractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as the “RELEASEES”) and TO
RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, cost, loss of income, or injury, including death that I may suffer or that my next of kin, heirs or executors, may suffer as a result of, or arising from, my participation in the EQUINE ACTIVITIES. BY REASON OF ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO: INTENTIONAL ACTS, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILTY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN EQUINE ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in equine activities;
3. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators,successors and representatives, in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the partiesto this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts and the Province of British Columbia.In entering into this Agreement I am not relying on any oral or written representations orstatements made by the Releasees other than what is set forth in this Agreement.
Junior Waiver
1. I believe that my minor child is physically, emotionally and mentally able to participate in the Equine Activities and that his/her equipment not supplied by the Association is mechanically fit for his/her use in the Equine Activities and will be so continuously throughout my minor child'sparticipation in the Equine Activities and I will ensure that his/ her equipment not supplied by the Equine Activities remains
mechanically fit and properly adjusted for my child's use;
2. I understand and will instruct my minor child that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with my minor child, and
3. I will immediately remove my minor child from participation and notify the Association volunteer or representative if at any time I sense or observe any unusual hazard or condition or if I feel that my minor child has experienced any deterioration in his/her physical, emotional, or mental fitness for continued participation in the Equine Activities.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.