Our Waiver

I am aware and understand that activities involving horses, including these horses, involve many risks, dangers and hazards (“Risks”) and injuries resulting from these Risks are 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 the following:

1. Horses, which are powerful and potentially dangerous animals, may behave in ways that may result in injury, harm or death to persons on or around them, may change their behaviour at any time and may, without warning, jump, run wildly, buck, kick, bite or step on other animals, people or things;


2. 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, and


3. Horses may collide with other horses or objects or trip, stumble or fall even if being led, ridden, or attended to;


4. Negligence (which means, in general terms, a failure to exercise ordinary or proper care, specifically such care as a reasonably prudent and careful person would use under similar circumstances) of other riders/participants or my or my child’s own failure to ride/participate safely within my or my child’s ability or within designated areas and trails may contribute to injury to themselves or others, including failing to act within their abilities to maintain control over an equine;


5. Equipment may fail, including the failure to properly use any piece of equipment or the mechanical failure of any piece of equipment;


6. Weather conditions can change and can sometimes be dangerous;


7. 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;


8. The potential of natural or man-made hazards being present that can cause the Participant harm, including communicable disease;


9. 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


10. Negligence on the part of A PROPERTY OWNER AND/OR THE PROVIDER OR THEIR STAFF. I agree that although the Provider has taken steps to reduce the Risks and increase the safety of the Equine Activities, it is not possible for the Provider to make the Equine Activities completely safe. I accept these Risks and agree to the terms of this waiver on behalf of the Participant, even if the Provider is found to be negligent or in breach of any duty of care or any obligation to myself or the Participant in the participation of Equine Activities.

I am also aware that the risks, dangers and hazards referred to above exist throughout the trail, stable, arena, practice and other areas and many are unmarked. I understand and acknowledge that no amount of caution, experience and instruction can eliminate all of the risks involved. I FREELY ACCEPT AND FULLY ASSUME ALL RESPONSIBILITY FOR ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, SICKNESS, DISEASE, MEDICAL PAYMENTS, DEATH, PROPERTY DAMAGE AND DAMAGES OR LOSS RESULTING THEREFROM. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES.

In consideration of the Provider providing me or my child with their horses or sleigh riding and other services, including the above mentioned Equine Activities, 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 and my heirs, next of kin, executors, administrators and assigns, as well as the Participant and the Participant’s heirs, next of kin, executors, administrators and assigns (collectively, our “Legal Representatives”) hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I or my child have or may in the future have against Property Owner or the Provider, 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, death or expense that I or my child suffer, or that my or my child’s next of kin may suffer as a result of my or my child’s participation in Equine Activities, including the use of the services, or due to any cause whatsoever, INCLUDING without limitation the NEGLIGENCE of the Provider or any other Releasee, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE “OCCUPIERS LIABILITY ACT” or otherwise ON THE PART OF THE RELEASEES, or mistake or error in judgement of the Provider. I covenant not to make or bring any such claim against the Provider or any other Releasee, and forever release and discharge the Provider and all other Releasees from liability under such claims;


2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damages to the property of or personal injury to any third party resulting from my or my child’s use of the services;


3. I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE PROVIDER AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGEMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE PARTICIPANT’S PARTICIPATION IN EQUINE ACTIVITIES;


4. 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;


5. This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario and I agree that no other court can exercise jurisdiction over the terms and claims referred to herein; and


6. Any litigation involving the parties to this Agreement shall be brought within the Province of Ontario.


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 Provider, myself as Parent/Guardian of the Participant, and the Participant, and it is binding on myself, the Participant and our “Legal Representatives”.

In compliance with Equestrian Canada’s rules for horseback riding, the Participant agrees to the following statements:

1. Proper riding footwear is required by all persons, regardless of age, participating in any horse related activities.


2. ALL MINORS (all horseback riders under 19 years of age) are required to wear protective head gear in the form of a high impact helmet and proper footwear.


3. IT IS HIGHLY RECOMMENDED THAT ALL HORSE BACK RIDERS OF ANY AGE WEAR A HIGH IMPACT HELMET.


4. I (we) decline to wear a helmet(s).

I understand that Equine Activities have a serious risk of injury, including the possibility of a concussion, I hereby agree as follows:

1. I will wear the proper equipment for my Equine Activity and wear it correctly.


2. I will develop my skills and strength so that I can participate to the best of my ability.


3. I understand that concussion is a serious brain injury that has both short-term and long-term effects.


4. I understand that I do not need to lose consciousness to have had a concussion.


5. I understand that any blow to the head, face, neck, or body that causes a sudden jarring of the head may cause a concussion.


6. I understand that if I suspect I might have a concussion I should stop participating in the Equine Activity immediately.


7. I understand that continuing to participate with a suspected concussion increases my risk of more severe, longer lasting concussion symptoms, as well as increases my risk of other injury.


8. I will not hide my symptoms. I will tell the Provider, my coach, parent, or other responsible person if I am concerned I have had a concussion, and/or experience any signs or symptoms of concussion following a collision.


9. I understand that I will not be able to return to Equine Activity following a collision where I experience signs or symptoms of concussion.


10. I understand I will have to be cleared by a physician or qualified medical professional prior to returning to an Equine Activity.

Learn more about concussion awareness.

PHOTO AND VIDEO CONSENT
I hereby give the Provider the irrevocable right to take, reproduce, use, exhibit, display, broadcast, distribute and publish any photograph, image, audio recording, video recording and likeness (the “Image”) of me and/or of any minor children for whom I am legally responsible, and our names for use in the connection with the Equine Activities of Nation Valley Ranch or for promoting, publicizing, or explaining Nation Valley Ranch or its activities. These photos and/or videos, either in its entirety or portions thereof, may be used for promotional purposes in print or video format on the Nation Valley Ranch website, social media channels, and/or additional publications such as magazines, newspapers and news broadcast or non-broadcast purposes. I hereby forever waive the right to inspect or approve any publication. I hereby waive any reimbursement for the taking of my photo and/or video, the photo and/or video of any minor children for whom I am legally responsible, or the use or reproduction of it in any medium. I hereby forever release and waive any and all claims I may have or ever have against the Provider for the use of the Image.