HAK Waiver, Indemnity And Release Of Liability Agreement
Conditions Of An Indemnity In Respect To Horse Association Of Kenya (Hak)
In consideration of my participation in any shows/events/training/ clinics/horse trials/pony clubs (hereinafter referred to as ‘Equestrian Activities’) I the undersigned (for myself, my heirs, executors and administrators) agree with The Horse Association of Kenya (hereinafter referred to as ‘HAK’) that:
- I am qualified, in good health and in proper condition to participate in Equestrian Activities. If at any time during my participation in any Equestrian Activities I feel that my physical condition no longer allows me to participate safely, I will immediately stop my participation.
- I acknowledge and understand fully that there are risks and dangers of serious bodily injury that could result from my participation in Equestrian Activities. The risks include, but are not limited to, weather, wildlife, equipment, actions of other people, including coaches, event/show official(s), and other participants and volunteers, spectators, sponsors, organizers, and operators of motor vehicles in or around the area in which Equestrian Activities will take place. These risks are inherent in Equestrian Activities and events that involve large number of people and horses, and take place in public places. Being aware of these risks ad dangers, I have voluntarily elected to participate in these Equestrian Activities and I FULLY ACCEPT AND ASSUME ALL RISKS AND ALL RESPONSIBILTY FOR ANY INJURIES, LOSSES AND DAMAGES TO PERSON OR PROPERTY THAT I INCUR AS A RESULT OF MY PARTICIPATION IN ANY EQUESTRIAN ACTIVITIES.
- I HEREBY AGREE NOT TO SUE AND TO RELEASE, DISCHARGE, WAIVE, HOLD HARMLESS AND TO INDEMNIFY the HAK and its affiliates and their officers, directors, employees, volunteers, sponsors, advertisers, participants, agents and representatives, and all other sponsors, organizers, volunteers, officials, medical workers, producers, lessors and organizers and any involved municipalities or other public entities and each of the directors, officers, employees, agents, representatives, successors, heirs and assigns of any of the above individuals and entities (collectively and individually “Releases”) FROM AND AGAINST ALL LIABILITIES, CLIAMS, DEMANDS, LOSSES, DAMAGES, SUITS AND PROCEEDINGS, REGARDLESS OF THE CAUSE, INCLUDING THE NEGLECT OF CARELESSNESS OF ANY RELEASEE, ARISING OR RESULTING FROM MY PARTICIPATION IN ANY EQUESTRIAN ACTIVITIES.
- I consent to receive and agree to pay for (or have my medical insurance pay for) any medical treatment (including transport by ambulance) which is considered necessary in the reasonable opinion of the Equestrian Activities medical official(s) to be advisable, before, during or after any Equestrian Activities.
- I understand that all the aforementioned in points 1 to 4 are a fundamental condition to my participation in the HAK and HAK Affiliated Shows, Events, Training Days, Clinics and any other activities organised by the HAK. In the case of children under the age of 18 years, the notice provides an indemnity, as stated in the above points 1 to 4 that you, as the parent/guardian of ……………………………. …………………………….. (riders name) by signing the notice, fully indemnify and keep fully indemnified against any and all claims of whatsoever kind of nature that you/your child may make against the HAK, as a consequence of any injury/ damage/ loss/ claims etc sustained through any of the HAK’s activities.
I CONFIRM that I have read this document and fully understand the contents, acknowledging that this waiver indemnity and release of liability agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
If any portion of the waiver is unenforceable, such a portion shall be struck out provided that the remaining portion shall remain in full force and effect This waiver shall be governed by the Laws of Kenya.