Liability Waiver, Release, Assumption of Risk and Indemnity Agreement
JSR Equestrian Club
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING AGREEMENT.
This Liability Waiver, Release, Assumption of Risk and Indemnity Agreement (the "Agreement") is entered into between the person signing it (the "Participant", or, where the Participant is under 18, the parent or legal guardian signing on the Participant's behalf) and JSR Equestrian Club. By signing this Agreement I acknowledge specific risks, accept responsibility for them, and agree to the terms set out below.
1. Parties
JSR Equestrian Club (نادي جي اس ار للفروسية), a sole establishment licensed by the Department of Economy and Tourism, Dubai, trade licence number 1078038, licensed activity "Equestrian Club", owned by Ju Xueshuang as proprietor (together with its owner, managers, instructors, employees, agents, contractors and representatives, the "Club").
- Stables and yard: Stable of Malak Nasser Muhammad Ismail Al Balushi, Al Ruwaiyah 3, Dubai
- Licence address: Office OFF-M2-444, Al Muteena, Deira, Dubai
- Email: [email protected]
- Telephone: +971 58 502 9919
2. Definitions
In this Agreement:
(a)"Activities" means horse riding of every kind, riding lessons, jumping, desert rides, beach rides including swimming with horses, endurance rides, livery, and handling, grooming, leading, feeding, mounting, dismounting, observing or being in the vicinity of horses, and every other activity provided or arranged by the Club, whether at the yard or elsewhere.
(b)"Activity Schedule" means the schedule of risks for the Activity booked, which is shown with this Agreement and forms part of it.
(c)"Premises" means the Club's stables, yard, arenas and facilities, and every route or location used for an Activity, including the desert and the beach.
3. Acknowledgement of inherent risks
I acknowledge and understand that the Activities are inherently dangerous and involve risks of property damage, serious personal injury, permanent disability and death. I specifically acknowledge the following inherent risks:
(a)horses are large, powerful and unpredictable animals that may react suddenly and without warning to sounds, movements, objects, persons, vehicles or other animals;
(b)a horse may kick, bite, strike, rear, buck, bolt, shy, spin, stumble, fall, step on a person, crush a person against a fixed object, or refuse or run out at a jump;
(c)a rider may fall or be thrown from a horse at any pace, including at a standstill, and a rider's foot may be caught in a stirrup and the rider dragged;
(d)saddlery, tack and equipment may loosen, slip, break or fail;
(e)surface and ground conditions, including sand, dunes, hidden holes, slopes, uneven or wet ground, water and the sea, may cause a horse to stumble, slip or fall;
(f)collisions may occur with other horses, riders, persons, fences, jumps, vehicles or objects;
(g)heat, sun, humidity, wind, blown sand, poor light at sunrise or sunset and other weather conditions may cause dehydration, heat exhaustion, heat stroke or reduced visibility;
(h)insects, snakes, scorpions, dogs, camels and other animals may be present and may cause injury or frighten a horse;
(i)Activities away from the yard take place at a distance from medical facilities, where help and evacuation may be delayed and mobile signal may be weak;
(j)allergic reactions to horses, hay, dust, insects or other substances may occur; and
(k)the actions of other participants, and my own actions, inactions and level of skill, may cause or contribute to injury.
I understand that these risks cannot be eliminated regardless of the care taken, that the list above is not exhaustive, and that the Activity Schedule sets out further risks of the Activity I have booked.
4. Voluntary assumption of risk
I voluntarily and freely choose to take part in the Activities despite the risks described in this Agreement and in the Activity Schedule. I take part in every Club Activity at my own risk, and I expressly assume all risks of taking part, whether known or unknown, including risks arising from:
(a)the unpredictable nature of horses;
(b)the condition of the Premises, routes, terrain, sea and equipment;
(c)weather and environmental conditions;
(d)my own actions or inactions, including any failure to follow instructions; and
(e)the actions or inactions of other participants.
5. Waiver and release of liability
To the fullest extent permitted by the laws of the United Arab Emirates, I release, waive, discharge and agree not to bring any claim against the Club for any injury, illness, death, loss or damage to me or my property arising out of or in connection with my participation in the Activities, including where it arises from the inherent risks described in this Agreement and the Activity Schedule.
This release binds me, my heirs, executors, administrators, assigns and anyone claiming through me.
6. Participant's declarations
I declare and confirm that:
(a)I am physically and mentally fit to take part in the Activity I have booked;
(b)I have disclosed to the Club any injury, medical condition, disability, allergy, pregnancy or medication that may affect my safety or the safety of the horse, and the information I have given is true and complete;
(c)my body weight is 85 kg or less, and I accept that the Club may check it and refuse participation if it is exceeded;
(d)the riding experience I have stated is accurate and is not overstated, and I understand the Club relies on it to choose the horse, the pace and whether I may ride at all;
(e)I am not under the influence of alcohol, drugs or any medication that affects balance, alertness or judgement; and
(f)I will inform the Club immediately if my health or fitness changes before or during an Activity.
I understand that the Club relies on these declarations, and that any inaccurate or incomplete declaration is entirely my responsibility.
7. Safety rules
I shall:
(a)follow all instructions given by the Club's instructors and staff at all times;
(b)wear a properly fitted riding helmet with the chin strap fastened whenever mounted, and at any other time staff require it;
(c)wear suitable clothing and closed-toe footwear with a small heel;
(d)not mount, dismount, change pace, leave the group or jump without the instructor's permission;
(e)not approach, feed, touch or walk behind any horse without the permission of staff;
(f)not ride if I have consumed alcohol or drugs;
(g)not use a mobile phone, camera or other device while mounted unless staff permit it;
(h)tell staff immediately if I feel unwell, unsafe or out of my depth, or if I notice any unsafe condition or any problem with a horse or its equipment; and
(i)comply with all rules posted at the Premises.
8. Refusal and termination
The Club may refuse my participation, change my horse or my session, or end my session at any time without refund if, in the reasonable judgement of its staff, I do not follow instructions or the safety rules, my declarations are inaccurate, I am unfit to ride, or conditions make the Activity unsafe. I accept that such a decision is made in the interest of safety and is not a breach of this Agreement.
I understand that any injury or loss that results from my failure to follow the safety rules or instructions, or from an inaccurate declaration, is caused by my own act and is my responsibility.
9. Indemnity
I agree to indemnify and hold harmless the Club from and against all claims, actions, demands, losses, damages, costs and expenses, including legal fees, arising from or related to:
(a)my breach of this Agreement, the safety rules or the instructions of the Club's staff;
(b)any false, inaccurate or incomplete information I have given the Club;
(c)my wilful misconduct, recklessness or negligence; and
(d)any injury, loss or damage I cause to any other person, to any horse, or to any property, equipment or tack.
10. Medical treatment authorisation
I authorise the Club and its staff to administer first aid and to obtain emergency medical treatment and transport for me if they consider it necessary and I am unable to consent myself. I understand that I am solely responsible for all costs of medical treatment, ambulance transport, evacuation and repatriation. I acknowledge that the Club will make reasonable efforts to contact my next of kin or the person who made the booking, and that the Club does not provide on-site medical staff.
11. Insurance
I understand and accept that the Club does not hold public liability insurance or any other insurance covering participants, and does not provide health, accident or personal liability insurance for me. I confirm that I have adequate personal accident and medical insurance covering horse riding and the Activity I have booked, or that I accept the costs of any injury myself.
12. Participants under 18
Where the Participant is under 18:
(a)the minimum age for any Activity is 4 years;
(b)this Agreement shall be signed by the Participant's parent or legal guardian, or by an adult authorised by them, who signs the Guardian Declaration shown with this Agreement, in which the child is named;
(c)a parent, legal guardian or an adult they have authorised shall be present at the Premises and supervising the child for the whole of the Activity, and shall be named to the Club;
(d)the signing adult accepts every term of this Agreement on the child's behalf, makes every declaration in it about the child, and gives the indemnity in clause 9 in respect of the child's participation; and
(e)the Club's instructors decide whether a particular Activity is suitable for a particular child, and some Activities are for experienced riders only.
13. Photographs and video
Where the Activity booked includes photographs or video taken for me, those are part of the service. Use of my image by the Club for marketing is requested separately through the optional tick shown with this Agreement. It is never a condition of taking part.
14. Personal data
The Club collects the information in this Agreement, including the health answers, to provide the Activity safely, to respond to an emergency and to keep a record of this Agreement. It is shared only with the Club's staff who need it, emergency and medical services, the Club's legal advisers and insurers, and the service providers that host the Club's booking and records systems. The Club keeps this Agreement and the answers given with it for 10 years after the last session it covers. Requests about personal data may be sent to [email protected].
15. Duration
This Agreement applies to the booking or bookings for which it is signed and to every Activity I take part in at the Club for 12 months from the date of signing, unless I am asked to sign a new version. I shall sign again if my health or weight changes, or if I book a different type of Activity.
16. Severability
If any provision of this Agreement, or any part of a provision, is found to be void, invalid or unenforceable under the laws of the United Arab Emirates, it shall be limited or removed only to the minimum extent necessary, and the remaining provisions of this Agreement shall continue in full force and effect.
17. Language
This Agreement is provided in English and in Arabic. In case of any inconsistency between the two, the English text shall prevail.
18. Governing law and jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. Any dispute arising from this Agreement or from my participation in the Activities shall be subject to the exclusive jurisdiction of the courts of Dubai.
19. Electronic signature
My typed name and drawn signature are my electronic signature under Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services, and have the same effect as a handwritten signature. The Club keeps a record of the exact version of this Agreement shown to me, the Activity Schedule shown, my answers and the date and time of signing, and a copy is sent to me by email.
20. Acknowledgement of understanding
I HAVE CAREFULLY READ THIS AGREEMENT AND THE ACTIVITY SCHEDULE AND FULLY UNDERSTAND THEIR CONTENTS. I understand that I am assuming the risks of the Activities, releasing the Club from liability to the fullest extent permitted by law, and agreeing to indemnify the Club. I confirm that I have had the opportunity to ask questions and to seek independent advice, and I sign this Agreement voluntarily and with full knowledge of its significance.
Version 2.
Activity Schedules
One Activity Schedule is shown with the Agreement when it is signed: the one for the activity booked. It forms part of the Agreement. All five are set out below.
Activity Schedule: Arena riding lessons, including jumping
This Activity Schedule forms part of the Agreement. By signing the Agreement I confirm that I have read this Activity Schedule, that I acknowledge and assume every risk described in it, and that I take part in this Activity at my own risk.
The Activity booked
A 45 minute coached session in the Club's floodlit, all weather arena, with maintained footing and a lettered dressage setup. Sessions run as private one to one, semi-private for two riders, group, private jumping or group jumping. A helmet and chaps are provided free of charge. Your horse is matched to your height, weight and ability. Closed-toe shoes or riding boots are required. Open shoes and loose clothing are not permitted.
The risks of an arena lesson
- Falling off. You may slip, lose your balance or be thrown. A fall from a horse puts your head, neck, spine, shoulders, wrists and pelvis at risk even in an arena with good footing.
- Mounting and dismounting. The horse may move while you are getting on or off. You may fall from the mounting block.
- Saddle and girth. A saddle can slip and a girth can loosen during a session. Tack can fail even when it is maintained and checked.
- Sudden change of pace. The horse may speed up, slow down, stop or change direction without warning, and you may be unseated.
- Spooking and shying. Horses react to sounds, movements, objects, birds, other animals, floodlights, wind and things you will not notice. A horse can jump sideways, spin, rear, buck or bolt.
- Being hurt from the ground. You may be bitten, kicked, struck by the horse's head, trodden on, pushed over, or crushed against the arena fence or a wall. This is as true while grooming, leading and tacking up as it is while riding.
- Gateways and doorways. You can catch your knees or legs on a gatepost or doorway while mounted.
- A loose horse. A horse may get free in or around the arena.
- Other riders. In a semi-private or group lesson you share the arena with riders of different ability. Collisions between horses, riders and equipment happen.
- Dust, hay and animals. Allergic and asthmatic reactions are possible.
- Heat and sun. Even in a covered or floodlit arena, heat, humidity and dehydration are a real risk in this climate.
What jumping adds
If you have booked a jumping session, you are also accepting that:
- You will ride at more speed and with more impulsion, so a fall carries more force.
- The horse may refuse a fence, run out to the side, stop suddenly, or jump earlier, later, bigger or flatter than you expect.
- You may be thrown forward over the horse's shoulder, or land underneath or near the horse.
- Poles, rails, wings and fillers can fall, roll, or be struck by horse or rider.
- Jumping asks more of your position, strength and fitness than flatwork, and riders come off more often when jumping.
What the Club does about it
Every horse used with guests has at least one month of training with the Club and is assessed for suitability by the Stables Supervisor or a qualified riding instructor. Your instructor checks the girth before you mount. Girths and saddle fit are checked regularly, and tack is maintained and condition checked with records kept. When you mount or dismount, a member of staff stands at the horse's head holding the lead rope. Mounting blocks are positioned with care and the number of people on a block is kept to a minimum. Arena doors are kept closed when horses are tied up in the arena. The Club restricts the number of people around a horse and keeps space between horses and people. You are briefed on the dangers before the session.
None of this removes the risk. It reduces it, and I accept the risk that remains.
Activity Schedule: Guided desert rides
This Activity Schedule forms part of the Agreement. By signing the Agreement I confirm that I have read this Activity Schedule, that I acknowledge and assume every risk described in it, and that I take part in this Activity at my own risk.
The Activity booked
A guided ride of roughly 1 hour 20 minutes through open desert, at a relaxed pace, as a group ride or a private ride, departing at sunrise or sunset. Your horse is matched to your weight and experience. Maximum rider weight is 85 kg. A helmet and chaps are provided.
The risks of a desert ride
Every inherent risk acknowledged in clause 3 of the Agreement still applies. Leaving the yard adds:
- You are away from help. On the route there is no arena fence, no mounting block, no first aid room and no immediate medical facility. If you are hurt, help takes longer to reach you than it would at the yard, and getting you out takes longer still. Mobile signal can be weak.
- Uneven and unpredictable ground. Soft sand, dunes, slopes, hidden hollows, hard crust, camel and vehicle tracks, animal burrows, and buried debris. A horse can stumble, trip, sink a leg or slide.
- Things that frighten horses. Loose camels, dogs, goats, wildlife, quad bikes, four-wheel drives, drones, kites, plastic bags and distant noise. A horse that spooks in the open has somewhere to run.
- The group moving off. Horses are herd animals. If one horse moves faster, others want to follow, and the pace can pick up before you ask for it.
- Low light. Sunrise and sunset departures mean part of your ride is in poor light, which makes ground and obstacles harder for you and your horse to read.
- Heat, sun and dehydration. Open desert, direct sun, no shade and no water on the route. Heat exhaustion and heat stroke are real.
- Wind and blown sand. Sand in your eyes affects you and the horse.
- Insects and animals. Biting and stinging insects. Desert terrain can hold snakes and scorpions.
- Getting separated. If you come off, your horse may leave. You may have to wait, or walk, in open desert.
What the Club does about it
The ride is guided by the Club's staff. Horses are matched to your weight and experience. You are briefed before you depart. Helmets are provided and required.
Activity Schedule: Beach ride with swimming at Umm Al Quwain
This Activity Schedule forms part of the Agreement. By signing the Agreement I confirm that I have read this Activity Schedule, that I acknowledge and assume every risk described in it, and that I take part in this Activity at my own risk.
The Activity booked
A two hour experience at a beach in Umm Al Quwain that combines riding with playtime and swimming in the sea, for one or two riders per booking, with an instructor present throughout, and photo and video media included. A helmet and chaps are provided. Maximum rider weight is 85 kg. Bring swimwear under your riding clothes, a towel, water and sun protection. You can wade instead of swimming if you prefer.
This ride takes place in another emirate. Umm Al Quwain is not Dubai. The Club's yard, its full first aid provision and its own staff on site at the stables are not immediately available to you there, and the emergency services that would attend are local to Umm Al Quwain.
The risks of riding a horse in the sea
Read this section carefully. It carries the most serious risks of any Activity the Club provides.
- Drowning. You will be in open sea water on and around a large animal. Drowning is a real risk, including for people who can swim.
- A swimming horse is not a ridden horse. Once a horse is swimming its feet leave the bottom. It moves differently, your weight is no longer carried by the saddle in the usual way, and you may be partly or completely off the horse in deep water.
- Being struck. A swimming horse's legs move powerfully underwater and out of sight. You can be struck, kicked or pushed under.
- A horse going down or rolling. Horses roll, splash, duck their heads and can go under. A horse that panics in water is very strong and very hard to control.
- Separation. You may become separated from the horse in water, out of your depth, with the horse between you and the shore.
- Water and sea bed. Sudden depth changes and drop-offs, currents, waves, undertow, shells, rocks, debris, glass and sharp objects underfoot. Marine stings are possible.
- Wet tack and a wet horse. Reins, saddle and your grip all behave differently when wet. Staying on, and holding on, are harder. A wet helmet and wet footwear behave differently too.
- Soft and uneven sand. Horses tire quickly in deep sand and can stumble.
- A public beach. Other beach users, children, dogs, vehicles, jet skis and boats are not under the Club's control.
- Sun, heat, glare and dehydration, and salt water in your eyes.
Swimming ability
You must tell the Club honestly whether you can swim confidently in open water. You do not have to swim to enjoy this ride. If you cannot swim confidently, say so, and you can stay in shallow water and wade. Do not overstate what you can do in water.
What the Club does about it
An instructor is with you throughout. Bookings are limited to one or two riders. Helmets and chaps are provided. You are briefed before you go in the water, and you are expected to come out when told to.
Activity Schedule: Endurance style ride in Al Marmoom
This Activity Schedule forms part of the Agreement. By signing the Agreement I confirm that I have read this Activity Schedule, that I acknowledge and assume every risk described in it, and that I take part in this Activity at my own risk.
The Activity booked
A two hour endurance style ride through the Al Marmoom desert covering 20 to 25 km at a mix of walk, trot and canter, departing in the morning. This is for experienced riders only. It is conditioning and distance work, not a casual hack, and it demands genuine fitness from horse and rider. Maximum rider weight is 85 kg, to protect the welfare and fitness of the horses. This ride is arranged by enquiry rather than online booking so the Club can talk to you first, and the Club may ask to assess you before you ride.
The risks of a 20 to 25 km endurance style ride
Every inherent risk acknowledged in clause 3 of the Agreement applies here, and every risk of an open desert ride, over ten times the distance and at more speed. It adds:
- Falls at speed. A fall at trot or canter carries far more force than a fall at walk. Head, neck, spine, collarbone, ribs, wrist and pelvis injuries are the ones that happen.
- Rider fatigue. Two hours of sustained work degrades your position, your balance, your grip and your judgement. Most problems on a long ride happen in the second half.
- Distance from help. On a 20 to 25 km route you can be a long way from the nearest road or vehicle. If you are injured, evacuation is slow, rough and may need to wait for a vehicle to reach you.
- The horse tiring. A tired horse stumbles more, is less careful with its feet, and may become unsound mid-route. Its behaviour can change when it is tired or when it realises it is heading home.
- Heat and dehydration over time. A morning departure does not remove this. Two hours of work in this climate dehydrates both of you.
- Low light at the start. An early departure means the first part of the route is ridden in poor light.
- Physical wear. Saddle sores, chafing, blisters, cramp, lower back and knee pain, and overuse injuries.
- The open desert. Loose camels, wildlife, vehicles, and ground that changes without warning.
Your declaration of experience
You must be honest about your riding experience and your fitness. Do not book or accept this ride because you want to be the kind of rider who can do it. Overstating your experience puts you, the horse, the guide and the rest of the group at risk, and it is the single thing most likely to turn this ride into an injury. If you are not sure, ask the Club for an assessment.
What the Club does about it
Rides are guided. Horses are conditioned for the work. The Club keeps the rider weight limit for the horses' sake. The Club talks to every rider before the ride and may decline to take you, or turn the ride back, if it judges the ride unsafe.
Activity Schedule: Livery and boarding, being on a working yard
This Activity Schedule forms part of the Agreement. By signing the Agreement I confirm that I have read this Activity Schedule, that I acknowledge and assume every risk described in it, and that I take part in this Activity at my own risk.
The Activity booked
Monthly stabling for your own horse, with a dedicated groom, feed and hay, arena access, use of the walker machine and use of the swimming pool at the new stable, and basic treatment by stable staff. Shoeing, supplements, medicine, vet bills, wood shavings, training, race preparation and breaking in young horses are not included.
The risks of being on the yard
A livery yard is a workplace with large animals in it. As an owner or an authorised person on site you accept that:
- Horses are being led, turned out, exercised, washed, treated and loaded around you, by people other than you.
- A horse may get loose.
- You may be bitten, kicked, struck, trodden on, pushed over, or crushed against fencing, a stable wall, a gatepost or a doorway.
- Stable doorways, gateways, tie-up areas and narrow passages are where most of these injuries happen.
- The walker machine is machinery. The swimming pool is deep water. Both carry their own risks to people as well as horses.
- Handling, riding, loading and treating your own horse is your own responsibility and your own risk.
- Hay, straw, shavings, dust and mould spores affect breathing and allergies.
- Lifting and carrying feed, water, bedding and tack causes back and shoulder injuries.
- Farriery and veterinary procedures involve restraint, sedation and sharp instruments.
- Anyone you bring on site, including children, is your responsibility, and the rules in this Agreement apply to them.
What the Club does about it
Horses are led by trained staff or trained volunteers. Arena doors are kept closed when horses are tied up. Staff wear and expect appropriate protective equipment. Horses used with guests are assessed before they are used.
Declarations made when signing
The signer is shown the following when they sign. The declaration is required: the form cannot be submitted without it, and it agrees to every clause of the Agreement above, including the weight declaration in clause 6(c) and the safety rules in clause 7.
- I have read and agree to all the clauses in this waiver.
One question is asked about health and fitness. It is optional, and leaving it blank is allowed.
- Do you have any injury or medical condition we should know about?
A separate optional tick asks whether the Club may use photographs and video of the participant. As clause 13 states, it is never a condition of taking part.
Parent or legal guardian declaration
Where the participant is under 18, the adult signing also signs the declaration below, once for each child. The child's full name replaces [child's name], so the child is named on the face of the signed document.
I confirm that I am the parent or legal guardian of [child's name], or an adult authorised by the parent or legal guardian to sign on [child's name]'s behalf, and that I have full authority to do so. I have read this Agreement and the Activity Schedule for the Activity booked for [child's name]. I consent to [child's name] taking part in the Activities, and on [child's name]'s behalf I accept every term of this Agreement, assume the risks it describes, and give the release in clause 5 and the indemnity in clause 9 to the fullest extent permitted by law. Everything I have declared about [child's name]'s health, age, weight and riding experience is true and complete. I shall make sure the safety rules are explained to [child's name], and that [child's name] is supervised at the Premises for the whole of the Activity by me or by the adult I have named to the Club.
This Agreement is signed electronically before payment when you book, and a copy is emailed to the person who signs it.