Part A - ACKNOWLEDGMENT OF RISK AND RELEASE OF LIABILITY (AR-0103) For Participants in the Province or Territory in which the Equine Activities are Provided by the Host WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY! If signing on behalf of a minor (child under the age of 18), The Parent/Guardian Must Read and Understand this Waiver Prior to the Minor Participating in Equine Activities Every Person Must Read and Understand this Waiver Before Participating in Equine Activities The following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this agreement are entered into by me (the Participant) or entered into by me on behalf of the (Minor Participant) named below, with and for the benefit of:______West Kelowna Stables_______, its directors, officers, employees, volunteers, business operators, agents and site property owners or lessees (collectively the "Host"). Without limiting the generality of the foregoing, "Equine Activities" includes but is not limited to trail rides, pack trips and riding instructions provided by the "Host" to the Participant. Check "I agree" after Each Item below after Reading and Understanding each item: 1. I am aware that there are inherent dangers, hazards and risks (collectively "Risks") associated with "Equine Activities" and injuries resulting from these "Risks" are a common occurrence. I am aware that the "Risks" of "Equine Activities" mean those dangerous conditions which are an integral part of "Equine Activities", including but 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's reaction 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. I Agree 2. I freely accept and fully assume all responsibility for all "Risks" and possibilities of personal injury, death, property damage or loss resulting from my participation or the minor participant in "Equine Activities". I Agree 3. I agree that although the "Host" has taken steps to reduce the "Risks" and increase the safety of the "Equine Activities", it is not possible for the "Host" to make the "Equine Activities" completely safe. I accept these "Risks" and agree to the terms of this waiver even if the "Host" is found to be negligent or in breach of any duty of care or any obligation to me in my participation or the Minor Participant’s participation in "Equine Activities". 4. In addition to consideration given to the "Host" for my participation the the Minor Participant’s participation in "Equine Activities", I and my heirs, next of kin, executors, administrators and assigns (collectively my "Legal Representatives") agree:
(a) to waive all claims that I have or may have in the future against the "Host";
(b) to release and forever discharge the "Host" from all liability for any personal injury, death, property damage, or loss resulting from my participation or the minor participation in the equine activity due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error in judgment of the "Host"; and (c) to be liable for and to hold harmless and indemnify the "Host" from all actions, proceedings, claims, damages, costs demands, including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation or the minor participation in "Equine Activities". I Agree 5. I agree that this waiver and all terms contained herein are governed exclusively and in all respects by the laws of the Province or Territory of Canada in which the "Equine Activities" are provided by the "Host". I hereby irrevocably submit to the exclusive jurisdiction of the courts of that Province or Territory of Canada and I agree that no other court can exercise jurisdiction over the terms and claims referred to herein. Any litigation to enforce this waiver will be instituted in the Province or Territory of Canada in which the "Equine Activities" are provided by the "Host". I Agree 6. I agree that this waiver and all terms contained herein are governed exclusively and in all respects by the laws of the Province or Territory of Canada in which the "Equine Activities" are provided by the "Host". I hereby irrevocably submit to the exclusive jurisdiction of the courts of that Province or Territory of Canada and I agree that no other court can exercise jurisdiction over the terms and claims referred to herein. Any litigation to enforce this waiver will be instituted in the Province or Territory of Canada in which the "Equine Activities" are provided by the "Host". I Agree 7. I confirm that I have had sufficient time to read and understand this waiver in its entirety. I understand that this agreement represents the entire agreement between the "Host", myself (if the participant), or as Parent/Guardian (if signing on behalf of minor participant), and the Minor Participant (if applicable), and it is binding on myself, the minor Participant (if applicable) and our "Legal Representatives". I Agree
Part B - Liability Insurance through the Horse Council of BC
We recommend our participants purchase their own liability insurance through the Horse Council of BC (HCBC). The annual membership for this coverage is paid directly to the HCBC and more information can be found by going to www.hcbc.ca/membership We are not responsible for ensuring all students have their own liability insurance. Please sign here acknowledging that you know this coverage is available to you.
Signature:
Date: May 22, 2025
Part C - Photo Release Form
I understand that photos or videos may be taken at events such as lessons, clinics, birthday parties, ladies nights, corporate events, or any other events and I give permission that these photographs or videos taken of me, or of the minor participant can be used by West Kelowna Stables.
By signing this agreement, I give West Kelowna Stables permission to use the photos or videos that are taken at event/lessons for use on the West Kelowna Stables website, Instagram, Facebook, other social media, promotional videos and for marketing materials. This is with the understanding that I, or the parent/guardian or minor participant will not profit from these photos or videos in any way.
If you do not agree with this, please send us a written email to info@westkelownastables.ca and we will revoke this permission.
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