Rider Name
Guardian Name (If under 18)
LIABILITY WAIVER, RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT

IMPORTANT: I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

If this Agreement is signed by a parent or legal guardian, the parent/guardian consents to the minor’s participation and agrees to assume all obligations of this Agreement on the minor’s behalf.

1) ASSUMPTION OF RISK

I acknowledge that equine activities involve inherent and significant risks that may result in property damage, personal injury, serious bodily injury, or death. Risks include, but are not limited to: the propensity of equines to behave unpredictably (including running, bucking, biting, kicking, stopping, rearing, rolling, stumbling, falling, or stepping on persons); the unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; collisions with other animals, persons, fences, footing irregularities, or other obstacles; the hazards of indoor and outdoor riding environments, weather, and footing; the limited availability of emergency medical care; and the possibility that a participant may act negligently or beyond their ability, including failing to maintain control, failing to follow instructions, or failing to use proper equipment.

I understand that horseback riding and the handling, use, or riding of a horse, whether for recreation, practice, competition, instruction, or training, may cause injuries including, but not limited to, lacerations, bruises, sprains, fractures, head injuries, paralysis, or death.

I acknowledge that Brookson Inc. provides horses “as is”, without any warranty as to the suitability, temperament, training level, or behavior of any particular horse, and that no horse is guaranteed to be suitable for my skill level. I agree that I am solely responsible for determining whether any horse and any activity is within my ability.

With full knowledge and awareness of the dangers inherent in equine activities, I knowingly and voluntarily participate in equine-related activities at Brookson Inc. and fully assume all risks, whether known or unknown, associated with riding, instruction, training, handling, grooming, tacking/untacking, leading, observing, or being present in barns, arenas, paddocks, fields, parking areas, and other premises used by Brookson Inc.

I confirm that I have disclosed to Brookson Inc. any physical, medical, mental, or other condition, and the use of any medications or substances, that may affect my ability to participate safely.

2) WAIVER AND RELEASE OF LIABILITY (INCLUDING ORDINARY NEGLIGENCE)

In consideration for being permitted to participate in equine-related activities at Brookson Inc., including the rental and use of facilities and horses, I, on behalf of myself and anyone legally entitled to act on my behalf, hereby release, waive, discharge, and covenant not to sue Brookson Inc., its directors, officers, employees, agents, representatives, assigns, and independent contractors (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses of any kind arising out of or related to my participation, including claims arising from the ordinary negligence of the Released Parties, that result in personal injury, illness, death, or property damage.

This Agreement applies whether participation occurs individually or as part of a university team or other organization. I acknowledge that any insurance coverage available through a university or other organization does not replace, limit, or negate this Agreement, and that this Agreement is entered into in my personal capacity.

3) INDEMNIFICATION AND HOLD HARMLESS

I agree to defend, indemnify, and hold harmless Brookson Inc., its directors, officers, employees, agents, representatives, assigns, and independent contractors from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to my participation, including claims brought by third parties, except to the extent prohibited by law.

4) SAFETY RULES AND EQUIPMENT

I agree to comply with all Brookson Inc. rules, policies, posted signage, and staff instructions. I understand that equine activities remain inherently dangerous even with safety precautions and supervision. I acknowledge that the use of an approved helmet is mandatory while mounted and whenever required by Brookson Inc. policies, and that failure to comply with safety rules may result in immediate removal from activities.

5) VIDEO AND AUDIO RECORDING

For the safety and security of clients, staff, and horses, Brookson Inc. utilizes video and audio recording devices on the premises. By entering the premises or participating in activities, I acknowledge and consent to such recording and understand that recordings may be reviewed as necessary for safety, training, incident investigation, or legal purposes.

6) GENERAL PROVISIONS

  • Governing Law: This Agreement shall be governed by the laws of the Province of Ontario and the applicable laws of Canada.
  • Severability: If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.
  • Entire Agreement: This Agreement constitutes the entire agreement regarding risk assumption and liability for equine activities at Brookson Inc.
  • Binding Effect: This Agreement is binding upon me and my heirs, executors, administrators, and assigns.