ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
(“RELEASE AGREEMENT”)
PLEASE READ CAREFULLY!
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
TO: BRUDENELL RIDING STABLES INC., including all of its directors, officers, employees, agents, representatives and volunteers and the Government of Prince Edward Island (collectively referred to in this RELEASE AGREEMENT as the "RELEASEES")
ASSUMPTION OF RISKS
I am aware and understand that the RELEASEES are providing me, and/or my minor child or children (for whom I am legally responsible), with their services, and that these services include, but are not limited to, the use of their horses, equipment, facilities, and property (collectively referred to in this RELEASE AGREEMENT as the “SERVICES”).
I am also aware and understand that the SERVICES and in particular, horseback riding and interacting with horses, involves many serious risks, dangers and hazards, which include, but are not limited to:
- the fact that horses (which are powerful and potentially dangerous animals), may change their behavior at any time and for any reason. Horses may, without foreseeability or any warning, jump, run wildly, buck, kick a person or another horse or animal, rear, and/or bite or step on a person or any other thing;
- the fact that horses may collide with other horses, persons, or any other object, horses may trip, stumble or fall when being ridden, attended to, or led by a person or another horse;
- the possibility that the equipment used in the provision of the SERVICES, whether provided by the RELEASEES or by any other person, may break or otherwise fail;
- the possibility that during the provision of the SERVICES, the weather conditions may change and can at times be dangerous;
- the fact that the terrain travelled on during the provision of the SERVICES can change, resulting in risks which include, but are not limited to, exposed natural objects, trees, streams and creeks;
- the fact that the SERVICES may be at remote areas and that if an injury or any type of illness occurs that it may take considerable time to reach doctors, hospitals, or any other type of assistance, medical or otherwise; and
- the possibility that the RELEASEES may be negligent in providing the SERVICES, and the possibility other persons may be negligent in the course of the SERVICES, whether that person is participating in the SERVICES or not.
I freely accept and fully assume all such serious risks, dangers and hazards on behalf of myself and/or my minor child or children, including the risks of personal injury, death, property damage and loss resulting therefrom.
RELEASE OF LIABILITY, WAIVER OF CLAIMS and INDEMNITY AGREEMENT
In consideration of the RELEASEES providing me and/or my minor child or children with the SERVICES, and for other good and valuable consideration, I, on my own behalf and/or on behalf of my minor child or children, hereby:
- voluntarily waive any and all claims, actions and causes of action whatsoever against the RELEASEES for any loss, damage, expense or injury, including death, resulting from participation in the SERVICES.
- agree to indemnify and hold harmless the RELEASEES from and against all claims, actions, causes of action, suits and demands arising from participation in the SERVICES.
This RELEASE AGREEMENT shall:
- be effective and binding upon myself, my minor child or children, and our respective heirs, next of kin, executors, administrators, successors, assigns and representatives;
- be governed by the laws of the province of Prince Edward Island; and
- require any litigation to be brought in the province of Prince Edward Island.
I have read and fully understand this RELEASE AGREEMENT.