CONDITIONS FOR USE OF EQUESTRIAN FACILITIES
(including outdoor arena, hacking areas, canter track etc.)
Please sign below to indicate your acceptance of these terms:
DISCLAIMER - ANY INDIVIDUAL USING THE FACILITIES WITHIN THESE PREMISES DOES SO AT THEIR OWN RISK
PARKING & REGISTRATION
Parking is in the first half of the car park, furthest from the main building. On arrival, please report to reception in order to sign your disclaimer. If the Centre is closed there is a box on the main doors of the Centre, the disclaimer is in there which must be read in full and the sign in sheet completed. Please note that you will not be allowed to ride on any land, or use any facilities, under Avon Riding Centre’s control without having signed the disclaimer.
HEALTH AND SAFETY
The Centre takes the safety of its staff, volunteers, horses, RDA riders and visitors very seriously. The Centre has taken every reasonable precaution to ensure the health and safety of everyone present on its premises. A copy of the health and safety policy is available on request and it is important that you familiarise yourself with it prior to coming to the Centre. In order to maintain the safety and wellbeing of everyone whilst they are on the Centre’s premises the health and safety policy needs to be observed and all reasonable precautions must be taken to avoid and prevent accidents occurring. For the avoidance of doubt, the instructions of the Centre’s staff must be strictly obeyed at all times.
MINORS
The Centre does not permit any child under the age of 18 years of age to conduct any riding on its premises without their parent or legal guardian confirming their pre-assessed horse riding abilities and acknowledging responsibility for the associated risk (to extent permitted by law). For avoidance of doubt, the Centre shall require the parent or legal guardian of any child under the age of 18 years of age to sign the terms and conditions for use of any of the facilities.
INSURANCE
The Centre requires that all riders coming to the Centre to use the hacking facility must hold their own personal public liability insurance (covering horse riding and hacking in particular) with no less than £[2,000,000] public liability cover.
EQUIPMENT
You must bring your own water and buckets for your horse to have a drink or to wash down at the end of the ride, as well as a fully charged mobile phone in case of emergencies.
Please ensure that you have saved the Centre’s contact number before setting off – 0117 959 0266
TERMS AND CONDITIONS FOR ARENA HIRE
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 in the facilities 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 arena hire;
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 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
e. not to use the Centre’s land other than for the purposes of the hire;
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 Routes /arenas 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 facilities;
h. promptly notify the Centre of any damage to the Centre’s property either caused by the Rider or identified by himself/herself during use of the facilities;
i. not to authorise any other person to use the facilities;
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 6 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 riding.
7. No child under the age of 18 years of age shall be permitted to conduct any use of the facilities 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 arenas are in a safe condition and fit for a ridden activities.
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 facilities (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 of the Rider’s signature.