R9, 2020-05-27

NOTE: The Ranch does not accept paper waivers, please submit electronically.

ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT.

MEMBERSHIP

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL

RIGHTS INCLUDING THE RIGHT TO SUE

PLEASE READ CAREFULLY!

TO: THE RANCH
AND TO: ALL PROPERTY OWNERS (PRIVATE, FEDERAL, PROVINCIAL, REGIONAL
AND MUNICIPAL)

On my behalf, and on behalf of any minor children participating in these activities, for whom I am legally responsible, I agree to the following:


ASSUMPTION OF RISKS

I am aware and understand that activities involving these 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 behaviour 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 or trip, stumble or fall even if
    being led, ridden, or attended to;
  3. Negligence - which means, in general terms, a failure to exercise ordinary or
    proper care – or other riders or my or my child’s own failure to ride safely,
    within my or my child’s ability or within designated areas and trails;
  4. Equipment may fail;
  5. Weather conditions can change and can sometimes be dangerous;
  6. The nature of the terrain can change and has certain risks associated with it
    including, but not limited to, exposed natural objects, trees, streams and
    creeks;
  7. The activities can sometimes be in remote areas and injuries or illness may
    occur and it may be a considerable distance to doctors, hospitals, or any other
    type of assistance; and
  8. Negligence on the part of A PROPERTY OWNER AND-OR THE RANCH OR
    THEIR STAFF. I am also aware that the risks, dangers and hazards referred to
    above exist throughout the trail, stable, practice and other areas and many are
    unmarked. I understand and acknowledge that no amount of caution,
    experience, or instruction can eliminate all of 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 there
    from.

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Initials

 RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE RANCH providing me or my child with their horse or sleigh riding and other services and permitting my or my child’s use of their equipment, and other 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 in the future
    have against a Property Owner or THE RANCH 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 or due to any cause whatsoever
    INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY
    STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE OWNED UNDER THE “OCCUPIERS LIABILITY ACT” ON THE PART OF THE
    RELEASEES;
  2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all
    liability for any damages to their property of or personal injury to any third
    party resulting from my or my child’s use of the services;
  3. 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;
  4. This agreement shall be governed by and interpreted in accordance with the
    laws of the Province of Ontario; and
  5. Any litigation involving the parties of this Agreement shall be brought within
    the Province of Ontario

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Initials

PROTECTIVE HEAD GEAR & RIDING BOOTS

  1. Proper riding footwear is required by all persons, regardless of age,
    participating in any horse related activities.
  2. ALL RIDERS are required to wear protective head gear in the form of a high impact helmet and proper footwear.

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Initials

PHOTOGRAPHY
In consideration of THE RANCH providing photo services throughout the tour/activity, THE RANCH shall have the right to use voice, video or other photographic images of me and the child(ren) for future marketing, educational, or other purpose, and Participant (and Parent) hereby consent to such use, without further consideration or compensation.

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Initials

MEMBER'S INFORMATION




Confirmation of Minimum Membership Age:
If completing this membership waiver for a minor, please confirm they are at least 16 years of age:*


This is an annual activity waiver. Indicate the year in which you are accepting risk for horseback riding and other Ranch activities:*

In entering into this Agreement, I am not relying upon any oral or written representation or statements made by the Releasee’s other than what is set forth in this agreement.
I HAVE READ AND UNDERSTAND 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 RELEASEES.

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Signature

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper.You have the right to request that you sign a paper copy instead.By checking here, you are waiving that right.After consent, you may, upon written request to us, obtain a paper copy of an electronic record.No fee will be charged for such copy and no special hardware or software is required to view it.Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature.There is no penalty for withdrawing your consent.You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

Mon Mar 1, 2021