Client Agreement and Indemnity (Including Yard Rules)

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A. Terms of this Agreement

1. This agreement is between a Client (you) and Equanimity Equestrian (Pty) Ltd (Equanimity Equestrian, The Center, we or us).
2. Equanimity Equestrian is constantly striving to improve our services to you and therefore we may amend this agreement. Continuing use of Equanimity Equestrian services constitute acceptance of the latest, version of this Agreement
3. These terms and conditions govern the use of all of the Equanimity Equestrian services.
4. By signing this Agreement with Equanimity Equestrian for services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.
5. All clauses of this agreement are severable. If any clause in this agreement is for any reason unenforceable, or void at law, such clause shall be severed without voiding the remainder of the agreement.

B. Billing

1. You agree to settle any charge invoiced to your account promptly and by the due date, unless otherwise agreed, and will present any queries relating to your invoice to accounts@eqec.co.za no later than 7 days after the date the invoice is issued
2. Equanimity Equestrian charges for service in advance and not in arrears.
3. If payment has not been received by your invoice due date, we will require payment via card or cash at your next tuition booking or visit to Equanimity Equestrian
4. Equanimity Equestrian retains the right to suspend any services provided in light of non-payment, and to withhold such services until all arrears are settled in full on any and all products and services.
5. If you are being provided with a discount of any nature for any service(s) provided by Equanimity Equestrian and you maintain an outstanding balance due for a period of 14 days or more, or are in breach of this agreement in any way, that all discounts applicable to your billing relationship with Equanimity Equestrian shall be terminated from your next invoice.
6. Accepted payment methods include Electronic Funds Transfer (EFTs), MasterCard, Visa, Maestro and cash.
7. Fees are available on our website, www.eqec.co.za and are subject to change without notice.

C. Cancellation

1. Cancellation of any or all of your services must be made in writing and one calendar month’s notice is required.
2. A cancellation may not be processed if there is an outstanding invoice to be settled.
3. The Center will not guarantee a refund of any nature.

D. Disclaimer and Limitation of Liability

1. Neither Equanimity Equestrian, its staff, grooms, instructors or other members accept responsibility for any loss, injury or damage that the client, pupil or visitor or property of the client, pupil or visitor may sustain whilst engaged in any activity and the client, pupil or visitor waives any right to claim compensation against Equanimity Equestrian howsoever, whether as a result of negligence or otherwise.
2. Clients expressly agree that use of Equanimity Equestrian’s services and facilities are at the client’s sole risk.
3. Equanimity Equestrian reserves the right to refuse services.

E. Conditions of Service

1. If you cannot make a specific tuition slot for any reason, cancellation must be received in writing at least 12 hours in advance otherwise these missed tuition slots are forfeited without exception.
2. Tuition slots cancelled in the allotted time, can be rescheduled at a time convenient for both you and Equanimity Equestrian and within two weeks of the cancelled tuition date. It is agreed that the responsibility falls on the Client to ensure that missed tuition slots are rescheduled
3. Tuition will continue, regardless of weather conditions, however, if the weather is too adverse to ride in, theory lessons will be given.
4. Clients, trail riders and visitors agree to abide by rules and respect the property and its inhabitants. The integrity and serenity of the area, especially the Bottelary Conservatory, is to be maintained at all times and riding on cycling paths or hiking routes is strictly prohibited.
5. Clients are to respect the horses, ponies and all other animals and wildlife at Equanimity Equestrian and Mooiplaas Wine Estate and aggressive or dangerous behaviour shall not be tolerated.
6. Clients are to arrive at least 10 minutes before your tuition slot or trail ride in order to groom their horse or pony and tack up under supervision.
7. Equanimity Equestrian is closed on public holidays and for a short period over Christmas and New Year, so tuition on those days will fall away. Equanimity Equestrian is also closed on Mondays and Sundays.

F. Indemnity

The Client hereby acknowledges, agrees and undertakes in favour of Equanimity Equestrian (Pty) Ltd, its directors, employees, sponsors, volunteers, assistants, representatives, and agents ( “the indemnified persons” ) that in relation to use of any of the facilities offered by Equanimity Equestrian as part of the horse riding, team-building, lessons, trails, events and any other services situated at Mooiplaas, off Bottlary Road, Brackenfell, Western Cape, as well as the surrounding farms of the Bottelary Conservancy.
1.1 You are fully aware that horse riding and interacting with horses are inherently dangerous activities and that you may be injured or that your property or possessions may be damaged, lost or stolen while attending and/or using the facilities and you accept all the risks associated therewith :
1.2 You agree and confirm by completing and signing this Agreement that:
1.2.1 You are in good health, physically fit and are sufficiently trained to participate;
1.2.2 You are sober and free of any drugs and alcohol.
1.3 You are aware of the following particular rules relating to the use of facilities and that you must at all times obey all instructions given by any representative of Equanimity Equestrian.
1.3.1 You will be exposed to risks that you are not normally exposed to which you have been made aware of;
1.3.2 You shall not venture over virgin land;
1.3.3 Stay in the tour leaders’ tracks at all times;
1.3.4 Do not race, take short-cuts, or ride at high speed that puts you or other persons in danger;
1.3.5 Make sure that proper following distances are kept;
1.3.6 Never litter on the property;
1.3.7 Be sensitive to the environment and our equipment,
1.3.8 At all times respect the peace, nature and tranquility of at the yard. Understand that, if you are asked to reduce music levels, lower your voice or engage quietly, it is nothing personal, but merely an effort to maintain an environment where different horses and people can feel relaxed while enjoying the surrounding ambiance and fresh farm air.
1.3.9 It will be your sole responsibility to pay all financial costs regarding to damage of equipment, any injury, fatalities or disabilities that might occur to yourself, the tour leader and bystanders, animals or other participants in action which you are involved.
1.4 You hereby specifically indemnify, release, discharge and hold harmless each and all of the Indemnified Persons against and from any or all claims, actions and liabilities arising in the course of or in any way connected, with the use of the facilities or participation in horse riding or related activities, including without limitation the following types of loss, damage or injury suffered by you and/or howsoever arising.
1.4.1 any personal injury or loss of life;
1.4.2 any medical expenses;
1.4.3 loss of income, pain, suffering, or consequential loss;
1.4.4 any loss or damage to your possessions or property.
2.0 The acknowledgements, agreements and undertakings contained in this indemnity are hereby irrevocably made in favour of the directors, employees, representatives and agents of Equanimity Equestrian Center and shall be capable of acceptance by them at any time and bind my executor, heirs, administrators and assigns and successors in title.
3.0 Each element of the release from liability and/or indemnity shall be separate and severable from the other elements.
4.0 No addition to, variation or oral undertaking or consequential cancellation of this indemnity and no extension of time , waiver or relaxation or suspensions of any of the provisions and terms of this indemnity shall be of any force or effect unless in writing and signed by yourself and the Indemnified Persons.

G. Yard Rules

All Clients
1. All clients must wear a riding hat whenever they ride anywhere on the premises.
2. All clients must wear a body protector when they ride the cross country course.
3. All accidents must be reported and the accident book filled in both for people involved, as well as equines.
4. No smoking is allowed anywhere around the feed room, storage areas, nature reserve or office. Designated smoking areas are demarcated. Respect non-smokers and practice the utmost vigilance in terms of butt disposal. Ash trays are available upon request and butts are to be extinguished and disposed of in an outside bin, on a paved surface only.
5. Clients are requested to be tidy and safe around the yard, i.e. put away what you use, keep gates and doors closed, etc
6. Standard “use of schools” rules apply, i.e. please give warning prior to entering or leaving the arena, lunging only allowed with prior arrangement with other users of the arena, pass left to left, give warning if riding a young or difficult horse, faster horses on the inside track, slower horses on the outside track etc.
7. Please turn off stable/ school lights after use
8. Third party instructors are welcome by prior arrangement – an instructor’s levy applies.
9. If you bring children, you are responsible for their behaviour and safety at all times. No children under the age of 16 may be left at the yard without a parent or responsible adult, without prior agreement with yard management confirmed in writing
10. No dogs allowed on the yard – resident dogs may become aggressive towards foreign dogs
11. Cars to be parked safely and locked at all times. The Centre accepts no liability for cars parked on the premises. Do not block entrances or roads.
12. When loading/unloading horses or parking horseboxes, be mindful of space – do not block roads or entrances.
13. Please respect the sanctity and solitude of the yard – no shouting, bashing or running around the horses.
14. Please respect the environment, do not litter. Use designated bins for the disposal of rubbish.
15. A strict 80kg weight limit applies to ALL RIDERS. No exceptions shall be made unless specifically allowed by the yard owner or owner of any specific equine.

Additional Rules for Livery Clients
1. Any equipment must be clearly marked.
2. Clients must declare prior to arrival any habits/ vices/ unpredictable behaviour.
3. Clients must abide by the worming and vaccination program as set by the yard manager.
4. Clients may come any time between 7am and 8pm. The Center will be closed on Christmas day and New Year’s day. Please note that we expect you to finish riding and be off the yard by these times unless by prior, written approval by the Center to stay beyond these hours.
5. The Center will not be held responsible for any accidental injury or health problems for individual horses or for loss of private property. Clients are strongly advised to have individual accident/ health/ third party/ property insurance.
6. Jumps, dressage markers, etc can be used at any time, but must be put away, and any breakages paid for.
7. Third party lessons must be booked in advance, so that arena facilities are made available.

Additional Rules for Clients receiving Tuition
1. All clients must undertake an assessment session before regular lessons commence. Payment for assessment lessons is due in advance, and is non-refundable, without exception.
2. Lessons must be booked in advance. Call or email to book a lesson or book in person.
3. Cancellations – any lessons cancelled/ missed/ altered with less than 12 hours notice, must be paid for. No exceptions shall be made
4. Clients must attend lessons at the agreed upon time. Whilst the Center will try to be flexible, if a client is late, they will still pay for lessons booked.
5. The minimum age for lessons is 6. Parents should remain at the Center when young children have lessons.
6. Whilst every effort will be made to ensure you have your selected instructor, the Center reserves the right to switch instructors if necessary.
7. Riding is a dangerous sport. Whilst every effort will be made to be safe, accidents can happen. The Center cannot assume responsibility for accidents and a condition of partaking in lessons at the Center is that you accept this fact. We advise you to have personal insurance for this sport.

H. Amendments

1. Equanimity Equestrian reserves its rights to change its prices at any time on reasonable notice.
2. Equanimity Equestrian reserves the right to stop offering certain services if it deems it necessary. Equanimity Equestrian will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific service.

I. Termination

1. Should the client breach of any of the terms and conditions contained herein, Equanimity Equestrian has the right (solely at Equanimity Equestrian’s discretion) to immediately terminate the agreement and services forthwith
2. Equanimity Equestrian reserves the right to suspend or terminate the service(s) of any client
3. Any form of abuse of Equanimity Equestrian staff will result in suspension or termination of your services, irrespective of the form and medium of this abuse.

By signing this Agreement, I, the Client, acknowledge that I/we understand the terms of this Agreement (including the Indemnity and Yard Rules) and agree to abide by it.

If any signatory to the above Agreement is under 21 years of age, then the following addition shall be made.
In my capacity of parent/guardian/custodian hereby consent to the participation of my child/foster child/adopted child in any form of activity at Equanimity Equestrian and utilization of the facilities. I acknowledge that I have read, understand, and consent to this Agreement. I hereby acknowledge that I am fully conversant with, and hereby assume the risks, dangers, and perils of horse riding, and interacting with horses.

Signed at _______________________________ on this ______ day of _________ (month), 20_____

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Signature of Client/Parent/Guardian/Custodian Full Name

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Contact Number Email Address

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Physical Address

Full names of children (if applicable):

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Full Name of Child Full Name of Child