DISCLAIMER - ANY INDIVIDUAL USING THE FACILITIES WITHIN THESE PREMISES DOES SO AT THEIR OWN RISK
TERMS AND CONDITIONS FOR HACKING ALONG THE PERMITTED ROUTE
1. Subject to the remainder of these terms and conditions, the Avon Riding Centre for the Disabled Limited, charity number 218648 & registered company number 01534625 (the “Centre”) permits the person named above (the “Rider”) to ride a horse or pony along the Permitted Route (defined below) in common with all others that the Centre may permit to do same (the “Permission”).
2. The Rider acknowledges and agrees that:
a. the Permission is not that of a right and the Centre may revoke it at any time at its sole discretion;
b. no relationship shall arise between the Centre and the Rider in exercising or purporting to exercise the Permission;
c. the Centre retains control, possession and management of the Permitted Route and the Rider has no right to exclude the Centre from the Permitted Route; and
d. the Permission is personal to the Rider and he/she shall not be entitled to assign or otherwise transfer the benefit of it to any third party (except where the Rider is the parent or legal guardian of a minor; who subject to these terms and conditions will be using the hacking facility).
RIDER’S OBLIGATIONS
3. The Rider agrees and undertakes to:
a. pay the Centre its fee prior to use of the hacking facility;
b. strictly comply with all policies and procedures operated by the Centre, including but not limited to the health and safety policy;
c. hold a valid public liability insurance policy (such as BHS Gold Membership) that shall provide cover for horse riding (in particular hacking) and have public liability cover for no less than £[2,000,000];
d. wear (when mounted):
i. with the chin strap securely fastened at all times a hat that complies with current British Horse Society safety standards, as per BHS International Approved Centres Hat Guidelines 2017 (or such successor guideline as the British Horse Society may publish from time to time; and
ii. body protectors that comply with the prevailing recommendation from the British Equestrian Trade Association;
e. not to use the Centre’s land other than for the purposes of a hack on the permitted route as detailed in the map provided on arrival (“Permitted Route”);
f. not to cause or permit to be caused any damage to:
i. the Centre’s property or any neighbouring property;
ii. any property of the:
1. trustees, employees or agents of the Centre; or
2. visitors to the Centre;
g. not to obstruct the Permitted Route or deposit any waste, rubbish, soil or other material on any part of the Centre’s property or in any way interfere with, or disturb, the Centre’s or any others authorised by the Centre to use the Permitted Route;
h. promptly notify the Centre of any damage to the Centre’s property either caused by the Rider or identified by himself/herself during the hack on the Permitted Route;
i. not to authorise any other person to hack or use the Permitted Route;
j. not to do anything that will or might constitute a breach of the Centre’s policies or procedures, or which will or might vitiate in whole or in part any insurance effected by the Centre in respect of the Centre’s property and/or employees/visitors from time to time;
k. to indemnify the Centre and keep the Centre indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
i. any breach of these undertakings; and/or
ii. any exercise or purported exercise of the rights granted (or purportedly granted) by the Centre to the Rider whilst on its property.
MINORS
4. Whilst on the Centre’s property all children under the age of 16 years of age must be accompanied at all times by their legal guardian.
5. Children under the age of 8 years of age are not permitted to use the facility.
6. Children under the age of 16 years of age must be accompanied by their legal guardian whilst hacking.
7. No child under the age of 18 years of age shall be permitted to conduct a hack on the Permitted Route without prior receipt of these terms and conditions signed by their parent or statutorily appointed legal guardian. For the avoidance of doubt, in such instance the parent or legal guardian agrees and acknowledges herein that the minor is suitably experienced to perform the hack and warrants that the pre-assessed abilities at the front of these terms and conditions are true and accurate and that the minor shall conduct the hacking at the parent/legal guardian’s own risk.
NO WARRANTY OF CONDITION
8. The Centre gives no warranty that the Permitted Route is in a safe condition and fit for a hack on the Permitted Route.
9. The Rider acknowledges that it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that may have been made by or on behalf of the Centre before the date of this agreement as to any of the matters mentioned in clause 8.
10. Nothing in these terms and conditions, in particular the preceding clauses 8 & 9, shall limit or exclude any liability for fraud.
LIMITATION OF LEGAL LIABILITY
11. Subject to clause 12 below, the Centre is not liable for:
a. the death of, or injury to, the Rider;
b. any damage to the property of the Rider
c. any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Rider in the exercise, or purported exercise, of any of the rights granted or purportedly granted by the Centre to him/her whilst on the Centre’s property; or
d. any loss or damage suffered by the Rider as a result of any cause beyond the Centre’s control that prevents the Rider from using the permitted routes (as indicated in the map provided to the Rider on registration at the reception on arrival).
12. Nothing in clause 11 shall limit or exclude the Centre’s liability for:
a. death or personal injury or damage to personal property caused by the negligence of the Centre or its trustees, employees or agents;
b. any matter in which respect of which it would be unlawful for the Centre to exclude or restrict liability.
DATA PROTECTION
13. The Centre collects and processes information relating to the Rider and/or their minor in accordance with the Centre’s privacy notice.
14. The Centre acknowledges that for the purposes of the data protection legislation, it is the data controller and shall comply with the data protection legislation.
15. The Centre shall, in relation to any personal data processed in connection with these terms and conditions:
a. process the personal data only for the purposes of these terms and conditions;
b. keep the personal data confidential;
c. comply with it’s data protection policy;
d. not transfer any personal data outside of the European Economic Area without the data subject’s prior written consent.
16. The Centre shall ensure that it has in place appropriate technical or organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures.
THIRD PARTY RIGHTS
17. A person who is not a party to these terms and conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any the terms herein.
GOVERNING LAW & JURISDICTION
18. These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
19. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).
20. These terms and conditions have been entered into on the date the Rider clicked Accept