I (as the Participant), the undersigned, understand, acknowledge and accept that in
consideration for equestrian activities (including advising, coaching, riding, supervising or
any other services) provided by Joseph Gardiner (which for the purpose of this Agreement,
includes any business or company associated with him, its directors, officers, agents or
employees, including any volunteers, other participants, other horse owners, owners or
tenants of any property or premises used for any activity conducted by or with Joseph
Gardiner):
- All equestrian activity is a dangerous activity and at any time without warning horses
can act in a sudden and unpredictable way, especially if frightened or hurt. There is
a significant risk that equestrian activities may cause:
- Injury, disability or death to be suffered by the Participant/s, third parties or a
horse/s; or
- Property damage to the Participant or third parties.
- I freely and voluntarily participate and assume sole responsibility of absolutely all
risks, even if arising from the negligence of Joseph Gardiner and acknowledge and
accept that Joseph Gardiner accepts absolutely no responsibility to the Participant
or any third party whatsoever for any injury, disability, death or property damage
howsoever arising.
- I and on behalf of my heirs, assigns, personal representatives and next of kin, hereby
release, indemnify, hold harmless and agree not to demand, commence proceedings
or sue Joseph Gardiner, other participants, horse owners, owners or tenants of any
premises used for any activity conducted by Joseph Gardiner in relation to, arising
from, or in connection with any and all injury, disability, death or loss or damage to
person or property associated with any act or omission of any person, whether
caused by the negligence of any Joseph Gardiner or otherwise.
-
I agree to indemnify Joseph Gardiner, against absolutely all claims, actions,
proceedings, damages, losses, costs, expenses, liabilities, outgoings or payments,
however arising and whether present, future or contingent made by any person,
including third parties, arising from or in any way connected to the services provided
by him, even if arising by negligence.
- It is dangerous to consume alcohol or drugs before participating in any equestrian
activity and accordingly, I agree not to drink alcohol or take drugs prohibited by law
or medication that may impede my reactions or motor skills, before or during any
equestrian activity conducted by Joseph Gardiner and I take full responsibility for
any injury, loss or damage associated with any such consumption.
- I will follow the directions of Joseph Gardiner or any person associated with him and
or any of the coach(es) instructed or employed by Joseph Gardiner and understand
that any misconduct (including causing any danger to Joseph Gardiner, a horse, the
Participant, or any other rider or a representative of Joseph Gardiner) or refusal to
follow the directions can result in the cancellation of my participation and my
immediate removal from any horse no matter where that may occur. I understand
that such non-compliance may result in injury, death and/or disability (permanent or
otherwise) and I agree to indemnify Joseph Gardiner, against absolutely all claims,
actions, proceedings, damages, losses, costs, expenses, liabilities, outgoings or
payments, however arising and whether present, future or contingent made by any
person as a result of my failure to comply with any direction.
- I agree to wear a helmet at all times whilst participating in an any equestrian
activity, and agree I am solely responsible for my actions and safety.
Effect of this Document
I, the undersigned, understand, acknowledge and accept that I:
- Have accurately completed the attached Medical Details section;
- Have had sufficient opportunity to read this Release and Waiver of Liability and
Assumption of Risk Agreement;
- Fully understand its terms;
- Understand that I have given up substantial rights by signing it; and
- Sign it freely and voluntarily, without inducement of any kind.
For Adult Participants
I understand my signature on this document constitutes a complete and unconditional
release of all liability of the Indemnified Persons (and each of them), to the greatest extent
allowed by law, in the event that I, any children in my care, third parties, suffer injury,
death or property damage.
I understand the terms and covenants contained in this agreement apply each time Joseph
Gardiner is engaged, which will continue after the date of this agreement.
For Minor Participants aged under 18 years
This is to certify that I, as a guardian with legal responsibility for the Participant,
acknowledge, understand and accept all of the above and consent and agree to his/her
release as provided above of the Indemnified Persons (and each of them) and for myself,
my heirs, assigns, personal representatives and next of kin, I release and agree to
indemnify and hold harmless the Indemnified Persons (and each of them), from any and all
liability arising from or in connection with my minor child’s involvement or participation in
any equestrian activity, including horse riding, conducted by Joseph Gardiner, even if
arising from the negligence of the Indemnified Persons (or any of them).
I understand the terms and covenants contained in this agreement apply each time Joseph
Gardiner is engaged, which will continue after the date of this agreement.
I understand Joseph Gardiner is dedicated to ensuring the health and safety of each
Participant. For that purpose, I have accurately disclosed whether I am pregnant or have
suffered from the following conditions.
If you have any of the below conditions, please provide
fulsome details: