I (as the Participant/Horse Owner), the undersigned, understand, acknowledge and accept that in consideration for equestrian activities (including any and all training, advising, coaching, riding, supervising or any other services) provided by Melissa Spittall (which for the purpose of this Agreement, includes any business or company associated with her, 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 Melissa Spittall): - 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 Melissa Spittall and acknowledge and accept that Melissa Spittall accepts absolutely no responsibility to the Participant or their horse/s, 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 Melissa Spittall, other participants, horse owners, owners or tenants of any premises used for any activity conducted by Melissa Spittall in relation to, arising from, or in connection with any and all injury, disability, death or loss or damage to person, horse or property associated with any act or omission of any person, whether caused by the negligence of Melissa Spittall or otherwise.
- I agree to indemnify Melissa Spittall, 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 her, 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 Melissa Spittall and I take full responsibility for any injury, loss or damage associated with any such consumption.
- I will follow the directions of Melissa Spittall or any person associated with her and or any of the coach(es) instructed or employed by Melissa Spittall and understand that any misconduct (including causing any danger to Melissa Spittall, a horse, the Participant, or any other rider or a representative of Melissa Spittall) 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 Melissa Spittall, 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.
- Melissa Spittall/MJS Equine, its owners, employees, and associates, have my permission to initiate emergency first aid treatment for my children, my animals, and myself in case of an accident. They also have my permission to authorise emergency medical treatment by qualified medical personnel for my children or myself, and veterinary treatment by qualified veterinary personnel for my animals.
Effect of this Document I, the undersigned, understand, acknowledge and accept that I: - 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.
December 21, 2024 |