RELEASE, WAIVER AND INDEMNITY
This waiver & declaration must be completed prior to participating in any Silver Fox Equine LTD. (“SFE”) activity.
By participating in any activity of Silver Fox Equine LTD. (“SFE”) including hunter trials, hunter pace, lessons, training, lessons, birthday parties, camps, schooling, vaulting, shows, and any other activity organized by or on behalf of Silver Fox Equine (the “Activities”), and signing this release and waiver I agree, in consideration of my participation in any of the aforementioned Activities, to the following:
1. I agree that I choose to participate voluntarily in the Activities as a rider, handler, owner, coach, trainer or as parent or guardian of a junior participant. I am fully aware and acknowledge that horse sports, and in particular, the aforementioned Activities, involve inherent dangerous risks of accident, loss and serious bodily injury including broken bones, head injuries, trauma, pain, suffering or death (“Harm”).
2. I agree to release SFE from all claims for money, damages or otherwise for any Harm to me or my horse and for any Harm caused by me or my horse to others, even if the Harm resulted directly or indirectly from the negligence of SFE.
3. I agree to expressly assume all risks of Harm to me or my horse including Harm resulting from the negligence of SFE.
4. I agree to indemnify (that is, to pay any losses, damages or costs incurred by) SFE and to hold it harmless with respect to any claims for Harm to me or my horse and for claims made by others for any Harm caused by me or my horse in connection with the Activities.
5. I acknowledge the propensity of any equine to behave in ways that might result in injury, harm or death to persons on or around them and to potentially collide with, bite or kick other animals, people, or objects. 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. The potential for other participant(s) to act in a negligent manner that might contribute to injury to themselves or others, such as failing to act within their ability or to maintain control over an equine.
6. I agree to release and forever discharge any and all landowners of property on which the Activities take place (“Landowners”), their agents, employees, contractors, heirs, executors, administrators, successors and assigns, from all claims for any damage, loss or injury to me, my horse, other persons, horses or property belonging to them to the fullest extent permitted by law arising out of or relating in any way to my participation in the activities, including, but not limited to, damages resulting from or due in whole or in part to any acts, failure to act, negligence or neglect of other participants in the Activities, any and all Landowners upon whose property the Activities are held, SFE, their agents, employees, officials, officers, directors, or invitees, as well as for theft, vandalism, fire, other casualty damage or damage arising out of any defects in the property.
7. I agree to fully indemnify and hold harmless any and all Landowners, their agents, employees, contractors, heirs, executors, administrators, successors and assigns from and against any and all claims, demands, penalties, actions, losses, costs, damages, injuries, liabilities and obligations including, but not limited to, any and all legal fees of whatsoever kind and nature which may be incurred by or asserted against any of them as a result of any act, failure to act or neglect by me or any animal owned, accompanied or participating in the Activities.
If I am a parent or guardian of any junior participant, I hereby consent to the child’s participation and agree to all of the above provisions and agree to assume all of the obligations of this release and waiver on the child’s behalf.
I agree that “Silver Fox Equine LTD.” as used above, includes all their officials, officers, directors,
employees, agents, personnel, and volunteers.
BY SIGNING BELOW I hereby represent, warrant and confirm that I carry adequate horse liability insurance upon which representation and warranty SFE will rely.
Assumption of Risk and Waiver of Liability Relating to Coronavirus/Covid-19
The novel coronavirus, COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is known to spread mainly by contact from person to person. Consequently, local, provincial and federal governmental authorities recommend various measures and prohibit a variety of behaviors, in order to reduce the spread of the virus.
SFE and its members commit themselves to comply with the requirements and recommendations of Ontario, national, provincial and local public health and other governmental authorities, and to put in place and adopt all necessary measures to that effect. However, SFE cannot guarantee that you (or your child, if participant is a minor) will not become infected with COVID-
Further, attending the activities could increase the risk of you (or your child, if the participant is a minor) contracting COVID-19, despite all preventative measures put in place.
By signing this document,
1) I acknowledge the highly contagious nature of COVID-19 and I voluntarily assume the risk that I (or my child, if participant is a minor) could be exposed or infected by COVID-19 by participating in SFE activities. Being exposed or infected by COVID-19 may particularly lead to injuries, diseases or other illnesses.
2) I declare that I (or my child, if participant is a minor) am participating voluntarily in SFE activities.
3) I (or my child, if participant is a minor) agree to the requirements and recommendations of national, provincial and local public health and other governmental authorities and to those special safety regulations put in place by SFE as it pertains the Covid-19 Coronavirus and to adopt all necessary measures to those effects.
4) I (or my child, if participant is a minor) agree that, by filling out and signing this waiver and agreeing to the terms and conditions set out in it, I am giving up my legal rights to sue SFE and its officers and directors, in the event that I (or my child, if participant is a minor), contracts the Covid-19 Coronavirus.
This document will remain in effect until SFE determines, based on the direction of the national, provincial and local government and health officials, determines that the acknowledgments in this declaration are no longer required.
I agree that “Silver Fox Equine LTD.” as used above, includes all their officials, officers, directors, employees, agents, personnel, and volunteers.
I hereby represent, warrant and confirm that I carry adequate horse liability insurance upon which representation and warranty SFE will rely.
This document is in addition to and does not replace all other SFE waivers.
I HAVE SIGNED THIS DOCUMENT FREELY AND WITH FULL KNOWLEDGE.