Upon participating in activities conducted by RBR Saddle Club, their employees, volunteers, or contractors, (the Provider), I, and on the behalf of any minor children participating in these activities for whom I am legally responsible, agree to abide by all rules and procedures. I understand that by signing this document I waive certain legal rights including the right to sue for all included on this form.
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ASSUMPTION OF RISKS:
I am aware and understand that activities involving horses involve many risks, dangers, and hazards, including, but not limited to the following:
1. Horses, which are powerful and potentially dangerous animals, may change their behavior at any time and may, without warning, jump, run wildly, buck, kick, bite or step on people or things.
2. Horses may collide with other horses or objects, trip, stumble or fall, even if being led, ridden, trained, or attended to.
3. Negligence (which means, in general terms, a failure to exercise ordinary or proper care) of other riders or my or my child’s own failure to ride safely within my or my child’s ability or within designated areas or trails
4. Equipment may fail, including saddles and tack, headstalls, halters, ropes, and leather.
5. Weather conditions can change and can sometimes become dangerous.
6. The nature of the terrain can change and has certain risks associated with it including, but not limited to, exposed natural objects, tress, streams, rivers, and creeks.
7. The activities can sometimes be in remote areas and injuries may occur and it may be a considerable distance to doctors, hospitals, or any other type of assistance.
8. I am aware that the risks, dangers, and hazards referred to above exist throughout the trails, lands, stables, practice areas, pens, corrals, and many are unmarked. I understand and acknowledge that no amount of caution, experience and instruction can eliminate all the risks involved and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and damages or loss resulting therefrom.
9. Proper riding footwear is required by all persons regardless of age, participating in any horse-related activities.
10. ALL MINORS (under the age of 18 years) MUST wear protective head gear in the form of a high impact helmet and proper footwear, when mounted.
11. IT IS HIGHLY RECOMMENDED THAT ALL HORSEBACK RIDERS WEAR A HIGH IMPACT HELMET.
12. The nature of horse involvement, activities, scenery, and events motivate the taking of photographs and videos. I understand that I or my child may be included in such videos or photographs, and hereby give my permission to RBR Saddle Club to use such images for the promotion of RBR Saddle Club, inclusion in a web site, or in a product that is offered for sale.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of the Provider providing me or my child activities, services, facilities and the Property Owners providing me or my child with the use of their property (hereinafter collectively) REFERRED TO AS “THE Services”), I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I or my child have or may have in the future have against a Property Owner or the Provider, and their directors, officers, employees, agents, representatives and volunteers (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, injury or expense that I or my child may suffer, or that my or my child’s next of kin may suffer as a result of my or my child’s use of the services of due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OR CASE INCLUDING ANY DUTY OR CASE OWED UNDER THE “OCCUPIERS LIABILITY ACT” ON THE PART OF THE RELEASEE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damages to property of or personal injury to any third party resulting from my or my child’s use of the services.
3. TO WAIVE ANY AND ALL CLAIMS that I or my child have or may have in the future, against a Property Owner or the Provider, and their directors, officers, employees, agents, representatives, and volunteers (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, injury, or expense as a result of COVID-19.
4. This Agreement shall be effective and binding upon my or my child’s heirs, next of kin, executors, administrators, assigns and representatives in the event of my or my child’s death or incapacity.
5. This agreement shall be governed by and interpreted in accordance with the laws in the Province of Ontario.
6. Any litigation involving the parties to this Agreement shall be brought within the Province of Ontario.
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In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Provider other than what is set forth in this Agreement. I understand my email address may be used for the purposes of updates regarding items of interest to RBR Saddle Club, and it will not be sold.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, FROM THIS DAY FORWARD, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, MY CHILD, MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND/OR REPRESENTATIVES MAY HAVE AGAINST THE PROVIDER.