This is a Registration as a member (Private Members Club) Agreement (“the Agreement”) which is made strictly under Common Law, and effective this date of digital “Website) Registration on the Field Equestrian Centre, Private Members Club, Website.
REGISTRATION AS A MEMBER
BETWEEN :-
MONASCREEBAN EQUESTRIAN CENTRE LIMITED, (“the Company”) (Trading As “The Field Equestrian Centre” ), a Limited Liability Company, organised and existing under the laws of IRELAND, and operating an Equestrian Centre / Private Members Club with its head office located at:-Monascreeban, Ballyadams, Co. Laois. R14 X652. Ireland.
AND:-
The person(s) as set out in the digital (“Website”) application/registration as a member (“the Applicant/Member”), an individualm with his/her main address(es)/residence(s) located at:- The address as set out in the digital application/registration as a member.
INTERPRETATION
The following definitions and rules of interpretation shall apply in these Rules/Regulations/terms and conditions: “Company or Equestrian Centre or Club” means one/any/all of our cross country courses, jumping/lunging/walking arena’s, car park, standing stalls and washing area, canteen and outdoor seating area, hot wash area, laundry area, stables at the location set out hereinabove. “Conditions” means these terms and conditions and or Rules/Regulations for the provision of Services. “Agreement/Contract” means the agreement/contract between the Company/Equestrian Centre/Club and the Applicant(s)/Member(s) for Membership and the provision of Services inter alia. “Member/Customer” means any person, company, firm or other legal entity, including any employees, agents or sub contractors which purchases a Membership/Service and or places an order from the Company/Equestrian Centre/Club; “Activities” means any cross country course, jumping arena’s, product, service, activity or facility offered by the Company/Equestrian Centre/Club to the Applicant(s) / Member(s); Where the herein Rules / Regulations / Terms / Conditions refer to “We, Us, or Our”, this shall mean the Company/Equestrian Centre/Club (together with its employees, agents and contractors). Where the herein Rules/Regulations/Terms/Conditions refer to “You, Your, or Yourself” and or “him/himself/his and her/herself/her” and or “them, they, or their”, this shall mean the Applicant(s)/Member(s) (or the organisation you represent or work for); Any headings (if any) in the herein Rules/Regulations/Terms/Conditions are for convenience only and shall not affect their applicability; Where any Term and or Condition and or Rule, and or Regulation appears to be duplicated one will have No effect on the other and shall not affect their applicability; A reference to Common Law is a reference to the common law recognised by the fact that Ireland is a Common Law Jurisdiction since 1204/1226 and 1227 to date. A reference to a law is a reference to said law as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. Any reference to “writing” or “written” is to Registered prepaid Post in relation to Agreement/Contractual matters, and e-mail and or text only to official e-mail address “info@thefieldequestriancentre.ie” and Text/WhatsApp to 085 2114768.
In consideration of the sum as set out in the digital application/registration, and other good and valuable consideration, receipt of which is acknowledged, The parties hereinabove described enter into this Membership Agreement (“Registration as a Member” Agreement (“The Agreement”)) under Common Law, wherein the Applicant(s)/Member(s) agree(s) to become A Member as specified in the Digital Application/Registration on the Website (“www.thefieldequestriancentre.ie”) of the Equestrian Centre operated by Monascreeban Equestrian Centre Limited (“the Company”) (Trading As “The Field Equestrian Centre”) which is a “Private Members Club” (hereinafter the “Club”) located at Monascreeban, Ballyadams, Co. Laois. R14 X652., info@thefieldequestriancentre.ie where the Applicant(s)/Member(s) intend(s) to partake / engage in the herein below described activities, the parties agree as follows:-
The Applicant(s)/Member(s) intend(s) to knowingly and wilfully engage in the dangerous activities of Horse Riding, Horse Jumping, Horse Walking, Horse Grooming, Horse Washing, Horse Training, Horse Maintenance, of any/all nature(s) whatsoever inter alia, and or any potential use authorised and or unauthorised of any of the Companies machinery and or equipment in any context whatsoever, solely at the Applicant(s)/Member(s) own Risk, and where the Applicant(s)/Member(s) entirely indemnify/indemnifiesies the Company/Equestrian Centre/Club in accordance with the “Indemnity Agreement” freely entered into by the Applicant(s)/Member(s) at the same time as execution of the herein “Registration As A Member” Agreement and wish both Agreements to be construed together.
“Applicant(s)/Member(s)” in the herein Agreement is/are the person(s) applying to become a “Member”/“members” of the “Private Members Club” at/in the Field Equestrian Centre legally controlled and operated by the Company. Upon execution of the herein Agreement said person(s)/Applicant(s) is/are accepted and become(s) a “Member”/“members” of the “Private Members Club” at/in the Field Equestrian Centre controlled and operated by the Company. Said Membership is on an annual basis beginning on 01st day of February of each Year regardless of the initial date of Membership. This Agreement may be cancelled/terminated at any time by the “Applicant(s)/Member(s)” where the “Applicant(s)/Member(s)” may cancel/terminate same in writing, sent by Registered Prepaid Post to the address hereinabove of the Company/Equestrian Centre/Club, thirty (30) days prior to the date of cancellation/termination, where ALL fees and or outstanding balance(s) inter alia must be settled in Full prior to the date of cancellation/termination. All monies due MUST be settled in full prior to termination of the herein Agreement.
The herein Agreement (“Registration As A Member”) is a One Year Rolling Agreement, where the Applicant(s)/Member(s) can cause the Agreement to Roll into another year by renewing/paying his/her/their annual membership prior to the expirey date of the herein agreement (31st day of January of each/every new year following the Year of execution of the herein Agreement). The Applicant(s)/Member(s) understand(s) agrees and accepts that the herein Agreement will terminate @ 23:59 on the 31st day of January in the immediate Year after the Year of executing the herein Agreement if not renewed prior to said date, and on any other year following same if not renewed on an annual basis prior to 31st day of January in any particular year thereafter.
TAKE NOTICE:- Where the herein Agreement terminates, as a consequence of failure to renew prior to the expiry date on the part of the Applicant(s)/Member(s) the Applicant(s)/Member(s) will cease to be a Member/Members of the Equestrian Centre/Club, wherefore should the Applicant(s)/Member(s) wish to renew his/her/their membership(s) he/she/they will have to execute an entirely new agreement/agreements where/when the herein Agreement lapses/terminates, and pay any/all administration costs pertaining to same. Livery Stable Services cannot be offered to anyone who is NOT a Member. Membership begins on the day/month/year (date) of execution of this Agreement where the “Member(s)” is/are subject to and Governed by the following rules and regulations, terms and conditions:-
RULES AND REGULATIONS, TERMS AND CONDITIONS GOVERNING ALL MEMBERS
1. These Rules and Regulations, Terms and Conditions are the only conditions upon which the Company / Equestrian Centre / Club is prepared to deal with the Applicant(s)/Member(s). The herein Rules and Regulations, Terms and Conditions shall be in force and operate to the entire exclusion of all other terms and conditions (including any terms or conditions which the Applicant(s) / Member(s) purports to apply under any Membership agreement, purchase order, confirmation of order, specification or other document). These Rules and Regulations, Terms and Conditions apply to the booking of any activities, use of any facilities, services and any ancillary services/products at any location with The Company / Equestrian Centre / Club. These Rules and Regulations, Terms and Conditions contain important information concerning participation by The Applicant(s) / Member(s), and members of The Applicant(s) / Member(s) group and, accordingly, The Applicant(s) / Member(s) acknowledge(s) and agree(s) that The Applicant(s)/Member(s) shall ensure that all members of The Applicant(s)/Member(s) party are aware of and accept these Rules and Regulations, Terms and Conditions. No variation to these Rules and Regulations / Terms and Conditions shall be binding unless agreed in writing by The Company / Equestrian Centre / Club. Any typographical clerical or other error or omission in the herein Agreement, any booking confirmation or other documentation issued by The Company / Equestrian Centre / Club (including any electronic documentation) shall be subject to correction without any liability on the part of The Company / Equestrian Centre / Club. The Company / Equestrian Centre / Club reserves the right to make changes to The Membership Agreement and or Activities whether to conform to any applicable safety or other statutory requirements or otherwise. These Rules and Regulations, Terms and Conditions incorporate The Company / Equestrian Centre / Club’s Risk acknowledgment and Waiver.
2. In addition to enjoyment and learning new horse handling/riding skills, safety is of paramount importance on all of The Company / Equestrian Centre / Club’s cross country courses and arena’s inter alia. Clearly, equine activities are hazardous by their nature and participants, parents or guardians must accept that there are risks and the inevitable bumps and scrapes inter alia which happen during the thrills and spills of fast moving equestrian activities. The entirety of the Company / Equestrian Centre / Club’s Equestrian Facilities & Safety Management systems inter alia are independently assessed to equine/equestrian centre industry and health and safety standards. This means that The Company / Equestrian Centre / Club’s staff are to be listened to, and are there to make sure that you are safe, and that you have an enjoyable experience. In providing a safe system of work and to manage associated risks we have robust management and safety systems which have been inspected by approved bodies. We reserve the right to modify any element of any section of our premises if we feel that there are unmanageable risks inter alia. The Applicant(s)/Member(s) must comply with all safety guidelines and instructions given by the Company/Equestrian Centre / Club and or its staff.
3. The Applicant(s)/Member(s) confirm(s), warrants and guarantee’s to the Company/Equestrian Centre/Club that he/she/they is/are a competent rider(s) and that there is No knowing reason(s) Medical or otherwise which could/would prevent him/her/them from engaging in the entirety of the equine activities available on the premises of the Company/Equestrian Centre/Club.
4. 4th Applicant(s) / Member(s) need to be able to see similar distances to those required to drive a car in order to be able to complete the cross country course’s inter alia, and to supervise any Minors / under 18’s in their care. Consequently, short or long sighted participants must ensure that they wear contact lenses or prescribed safety glasses. The Equestrian Centre / Club will remain open in most weather conditions but may not in circumstances of gales, lightning, heavy ice or snow. For the avoidance of doubt, The Equestrian Centre / Club shall have no liability for any loss or damage suffered by the Applicant(s) / Members or any other person as a consequence of any negligence or wrongful act on the part of the Applicant(s)/Member(s) or any other person.
5. 5th The Applicant(s)/Member(s) agree(s) to honour/adhere to, and be bound by, the entirety of the herein Agreement and the herein Rules and Regulationss, Terms and Conditions of the Equestrian Centre/Club, and acknowledges and understands that the Equestrian Centre is a Private Members Club which is closed to the public. Furthermore the Applicant(s)/Member(s) accept(s) and agrees that he/she/they has/have No right whatsoever to exclusivity, and or exclusive use of the majority of the facilities of the Equestrian Centre/Club, except in limited cases where the Applicant(s)/Member(s) can/may exclusively pre-book a Jumping Arena for an hourly fee.
6. The Applicant(s)/Member(s) agree(s)/accepts and acknowledge the fact that the Equestrian Centre is a Private Members Club. Where they are irrevocably bound by the Clubs rules and regulations / Terms and Conditions.
7. The Applicant(s)/Member(s) accept(s) and agree(s) that all family members and or friends (Adults and Children) MUST be actual Members of the Private Members Club. Should the Applicant(s)/Member(s) wish/intend to bring family members and or friends with him/her/them the Applicant(s)/Member(s) undertake(s) to ensure that any/all family members and or friends whom are Not currently members, become Members of the Equestrian Centre/Club immediately upon arrival, as Spectators or Riders and prior to moving about the premises in any context whatsoever
8. The Applicant(s)/Member(s) accept(s), agree(s) and undertake(s) to Never mount and or ride his/her/their Horse(s) on the premises of the Company/Equestrian Centre/Club on any day whatsoever until such time as ALL registration matters are FULLY Attended to by him/her/them, and likewise until such time as ALL Fees (daily riding fees) are paid by him/her/them. The Applicant(s)/Member(s) further accept(s) and agree(s) that there is NO exception to this rule / regulation, term/condition or any of the herein rules & reguations, Terms & Conditions. For extreme clarity, No Registration completed, and or NO fees paid, means, NO RIDING. ANYONE CAUGHT BREAKING THIS PARTICULAR RULE & REGULATION T&C (8) MUST PAY A €20.00 PENALTY PLUS ALL FEES.
9. The Applicant(s)/Member(s) accept(s) and agree(s) and undertake(s) that all persons signing/executing the herein agreement either on behalf of themselves and or most notably on behalf of a “Minor” and or “minors” being a person and or persons under the age of eighteen years, does so with the express permission and consent of the Parents and or legal guardian(s) of said Minor(s) and the Applicant(s)/Member(s) upon executing the herein Agreement for and or on behalf of themselves and any/all Minor(s) confirm(s) that they have obtained and are in possession of any/all necessary proof(s) inter alia pertaining to consents/permissions inter alia to execute the herein agreement on behalf of themselves and or said Minor(s), and that the Applicant(s) / Member(s) have adequate Insurance(s) in place to cover the entirety of All equine activities inter alia which the Applicant(s)/Member(s) and or any/all minors may/will be engaging in.
10. The Applicant(s)/Member(s) agree(s) that the Company/Equestrian Centre/Club can immediately terminate the herein Membership Agreement as a consequence of the Applicant(s)/Member(s) failing, refusing and or neglecting to adhere to the herein Agreement and or any Rule(s)/regulation(s)/terms/conditions contained herein and or any amendments/aditions whatsoever which are made by the Company/Equestrian Centre/Club after the execution of the herein. (“Subsequent Rules and Regulations, terms and conditions are subject to section (11) hereinbelow).
11. The Applicant(s)/Member(s) agree(s) to be bound by any New Rule(s)/Regulation(s)/Terms/Conditions passed/made by Company/Equestrian Centre/Club, where any New Rule(s)/Regulation(s) will be posted on the Company/Equestrian Centre/Club’s Website (www.thefieldequestriancentre.ie); and on “TheField EquestrianCentre” Facebook page and in the main Office of the Company/Equestrian Centre/Club. All members will also be immdeiately notified of any New Rules/Regulation(s) by E-mail and or Text message. Any/All New Rule(s)/Regulation(s) will be construed in conjunction with the entirety of the herein Agreement and the spirit hereof.
12. The Applicant(s)/Member(s) agree(s) to Not become involved in any context whatsoever in any form of direct and or indirect abuse(s) in the nature of, but by no means limited to, Racist abuse and or Discriminatory abuse and or sexist abuse and or Psychological abuse and or Emotional abuse and or Physical abuse and or Bullying/abuse and or Ridicule/abuse and or Financial abuse of any other Member(s) whatsoever and or any of the Companies/Equestrian Centre’s/Clubs Employees/Staff.
13. The Applicant(s)/Member(s) agree(s) to Never cause any other individual(s) whom is/are NOT a Member(s) of the Private Members Club (“Equestrian Centre”) to enter onto the Equestrian Centre/Club lands/property for any purpose whatsoever other than to become a Member(s) of the Equestrian Centre/Club where The Applicant(s)/Member(s) agree(s) to immediately attend at the Reception/Office building with said individual(s) to complete the necessary Registration/Membership Process for said individual(s), prior to said individual(s) moving about the Club premises.
14. The Applicant(s)/Member(s) further agree(s) to ensure that ANY individual(s) whom attend(s) with the Applicant(s)/Member(s) and whom is/are NOT a member(s) of the Private Members Club/Equestrian Centre will Not trespass in any context whatsoever on the Private property of the Equestrian Centre/Club, and will Not attempt to engage in any activity/activities whatsoever on the Private property of the Equestrian Centre/Club should same individual(s) fail, refuse and or neglect to immediately upon arrival, Register as a Member(s).
15. The Applicant(s)/Member(s) further agree(s) to assume Full responsibility and liability for any individual(s) whom attend(s) at the Equestrian Centre/Club with him/her/them and whom is Not a member, and whom fail(s), refuse(s) and or neglect(s) to become a Member(s), and the Applicant(s)/Member(s) fully agree(s) to indemnify the Company/Equestrian Centre/Club entirely in relation to said individual(s) and or his/her/their acts inter alia. The Applicant(s)/Member(s) fully accept(s) negligance on his/her/their part where any individual(s) attend uninvited and or trespass, and or cause damage/loss to any other member(s) and or the Equestrian Centre/Clubs staff inter alia.
16. The/All Applicant(s)/Member(s) is/are required to wear properly fitting protective helmet(s) at all material times while riding / engaging in any/all equine activities inter alia, and to ensure that ALL Children (Under 18 “minors”) in the care/company/control of the Applicant(s)/Member(s) wear properly fitting protective helmet(s). Furthermore the Applicant(s)/Member(s) is/are required to ensure that any/all such riding helmet(s) is/are in conformity with any/all standards and or requirements currently in place. Any Member(s) failing, refusing and or neglecting to wear his/her/their protective helmet(s) breaches the herein Rules/Regulations, terms/conditions of the Equestrian Centre/Club and does so entirely at his/her/their own risk, and when/if found to Not be wearing same, and or to become injured in the absence of wearing same, while engaging in equine activities causes a gross negligence event to occur on the part of any/all Applicant(s)/Member(s) involved.
17.The/All Applicant(s)/Member(s) is/are required to wear properly fitting Back Protector(s) at all material times while riding/engaging in any/all equine activities inter alia particularly on Any/All of the Cross Country Tracks, and to ensure that ALL Children (Under 18 “minors”) in the care/company of the Applicant(s)/Member(s) wear properly fitting Back Protector(s). Furthermore the Applicant(s)/Member(s) is/are required to ensure that any/all such Back Protector(s) is/are in conformity with any/all standards and or requirements currently in place. Any Member(s) failing, refusing and or neglecting to wear his/her/their Back Protector(s) breaches the Rules/Regulations of the Equestrian Centre/Club and does so entirely at his/her/their own risk, and when/if found to Not be wearing same and or to become injured in the absence of wearing same, while engaging in equine activities causes a gross negligence event(s)/act(s) to occur on the part of any/all Applicant(s)/Member(s) involved, where any/all liability rests with said Applicant(s)/Member(s).
The Applicant(s)/Member(s) agree(s) and accept(s) that the Equestrian Centre/Club does NOT offer and or provide individual supervision and or tuition of/for any Member(s) and or their Horse(s) in any context whatsoever and or under any circumstances whatsoever, wherefore ALL members attend and ride/handle/maintain inter alia their Horse(s) in the absence of any assistance and or input from the Equestrian Centre/Club and or its staff, and that this arrangement is completely acceptable to the Applicant(s)/Member(s) whom undertake(s) that prior to riding / jumping on any/all of the Cross Country Tracks, Arena’s inter alia that he/she/they agree(s) to check and make himself/herself/themselves critically aware of the actual direction of travel on said Cross Country Tracks, which is clearly marked with arrows pointing in the direction of travel on All Cross Country tracks, and furthermore ALL jumps/fences are clearly marked with Red and White Flags on either side of each jump/fence where the Red Flag must be on the rider(s) right hand side at all material times when jumping/riding, otherwise the rider(s) is/are riding in the wrong direction on the track which is Not permitted in the interests of health and safety inter alia. Wherefore the Applicant(s)/Member(s) undertake to observe and respect said direction of travel, and refrain from going against the direction of travel, in the best interests of the health and safety of All Riders/Members who’s experience and skill levels vary, and also to inform anyone traveling in the wrong direction of the appropriate direction in a non confrontational and or non derogatory manner.
19. The Applicant(s)/Member(s) as competent horse rider(s) must at all material times while riding his/her/their horse(s) be critically aware of the facts that there may be other Members and or horses of all levels/ages present, and that special attention will/must be paid to all other Members/users and their position(s) on the Course(s)/Track(s) inter alia, and to all weather conditions inter alia on the/any day as same can effect all horses differently, this is in the best interest of rider/member health and safety and the safety of All Members horse(s). The Applicant(s)/Member(s) accept and confirm that he/she/they are aware of the Fact that No one Rider/Horse or combination of both is/are more important than any other Rider/Horse or combination of both while on the Companies/Equestrian Centre/Club’s property, and that reasonable respect must afforded to all Rider(s)/Horse(s) by all Rider(s)/Horse(s).
20. The Applicant(s)/Member(s) accept(s) and agree(s) and undertake(s) that he/she/they must at all material times ensure that any/all children (Under 18’s “minor(s)”) in his/her/their company and or under his/her/their care and or control must be adequately supervised, and further ensure that any/all children (Under 18’s “minor(s)”) in his/her/their company and or under his/her/their care/control are NOT permitted to ride/roam the equestrian centre unsupervised under any circumstances whatsoever. Wherefore any failure whatsoever on the part of the Applicant(s)/Member(s) pertaining to the reasonable care/supervision/control of any/all children (Under 18’s “minor(s)”) in his/her/their company and or under his/her/their care/supervision/control causes a gross negligence event(s)/act(s) to occur on the part of any/all Applicant(s)/Member(s) involved, where any/all liability rests with said Applicant(s)/Member(s).
21 The Applicant(s)/Member(s) must pay all necessary attention while riding/travelling/passing through from one cross country course to another cross country course. YOU MUST have a competent person on the ground assist you in guiding you safely to your desired location, and you must ensure that there are NO other riders/horses present at the same time you are attempting to ride/travel/pass through from one cross country course to another cross country course. If NO competent person is available/present you MUST dismount and ensure that your way is clear, and then proceed to walk leading your horse to your desired location. This is in the best interests of rider/member and horse safety and welfare inter alia.
22.The Applicant(s)/Member(s) accept(s) and agree(s) and undertake(s) that he/she/they must at all material times maintain adequate and safe distances from other horses and riders, and where necessary you must call your jumps and passes at the earliest opportunity. Furthermore the Applicant(s)/Member(s) accept(s), agree(s) and undertake(s) to NEVER run through and or Jump through any area of any track/course whatsoever where there is/are other member(s) present, regardless of how slow inter alia this/these member(s) are travelling. Permission must be sought and obtained prior to overtaking/passing through, where the Applicant(s)/Member(s) being overtaken/passed take all necessary precautions while being overtaken/passed, this in the best interests of rider/member and horse safety and welfare inter alia.
23. The Applicant(s)/Member(s) accept(s) and agree(s) and undertake(s) that he/she/they must while riding/jumping communicate with other members where necessary and or prudent, and NEVER cause a jump/fence to be blocked, likewise never cause a track to be blocked, and never block a gateway and or cause a closed gate to be opened and or left open, and Never block and or interfere with the flow of traffic. No congregating of Members and or their horses and or both is permitted on any section of any of the Cross Country Course(s)/Tracks under any circumstances. Cross Country courses are NOT designed for persons to gather and engage in chatting inter alia, and such practices are Not permitted. There are areas within the Equestrian Centre/Club which are designed to facilitate chatting/socialising (unmounted) inter alia between Members, and these are NOT any of the Jumping/training Arena’s inter alia. These social areas are the Office/Canteen (restrictions permitting) and a covered outdoor seating area beside the office/canteen. Furthermore NO Horse(s) may be left unattended under any circumstances on any Cross Country track, and or in any Show Jumping Arena, and or Lunging Arena, Car Park or anywhere on the Equestrian Centre/Club’s property. Wherefore ANY/ALL Horse(s) MUST be supervised and under proper control at all material times, with NO exceptions, this is to ensure the health and safety of all Members and their Horses.
24.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that it is his/her/their sole / combined responsibility to visably check and ensure that every fence and or obstacle and or jump is in tact and not damaged in any context whatsoever, and that there is NO debris and or obstructions inter alia on either side of any/all fences and or obstacles and or jumps prior to jumping over same inter alia. To assist the Applicant(s)/Member(s) in the process of checking / inspecting any/all fences and or obstacles and or jumps, prior to jumping, there is a Clear Sand track adjacent to All of the Cross Country Jumping Tracks specifically for this purpose, wherefore the Applicant(s)/Member(s) undertake(s) to complete these necessary checks prior to engaging in running/jumping activities of any nature whatsoever on any of the Cross Country Tracks, and likewise any of the Jumping/Lunging Arena’s.
25.The Applicant(s)/Member(s) understand(s), agree(s) accept(s) and undertake(s) that it is his / her / their sole/combined responsibility to inform the Company/Equestrian Centre/Club of any/all damage whatsoever caused by the Applicant(s)/Member(s) and or the Applicant(s)/Member(s) Horse(s) to any fence and or obstacle and or jump and or gates/fencing inter alia and the extent of same and the exact location of same, this is to ensure timely repairs can be made, and or that the area may be cordoned off to facilitate any repairs inter alia, which helps ensure the health and safety of all Members/Horses. Likewise any/all Injuries to members/horses MUST be immediately reported to the Equestrian Center/Club staff. Furthermore the Applicant(s)/Member(s) shall be liable for any damage and or loss suffered by The Company/Equestrian Centre/Club as a result of any/all damage caused by the Applicant(s) / Member(s) and or his/her/their Horse(s).
The Applicant(s)/Member(s) understand(s), agree(s) accept(s) and undertake(s) that it is his / her / their sole/combined responsibility to immediately inform the Company/Equestrian Centre/Club of any injured Member(s) and or horse(s) on any section whatsoever of the permises, and or any damage inter alia to any fence and or obstacle and or jump and or gates/fencing inter alia which the Applicant/Member may come across and the exact location of same, and provide any information he/she/they may have pertaining to how this injury/injuries/damage was caused inter alia, this is to ensure timely assistance can be sought for the injured member(s) / horse(s) and or repairs can be made, and or that the area may be cordoned off to facilitate any recovery / repairs inter alia, so as to ensure the health & safety of all Members/Riders/Horses.
27.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that it is his/her/their sole/combined responsibility to check ALL equipment/facilities which he/she/they intend(s) to use and or may use are in proper working order prior to and after using same. This includes but is by no means limited to the following:- Jumps; Fences; Banks; Water Features/Jumps/Fences; Any/All Arena’s; Show Jumps; Cross Country Tracks clear and or with Jumps/fences; Gates; Doors; Washing/Grooming Area; Laundry Area; Feed Storage Area(s); Hot Wash and Heat-lamp Area; Automatic Horse Walker/Exerciser; Stables; Lunging Arena; Canteen/Outdoor Seating Area; The Car Park; All Fencing and surrounding Areas inter alia. The Applicant(s)/Member(s) further understand(s), agree(s) and accept(s) that it is his/her/their sole/combined responsibility to immediately report any equipment/facilities which are NOT in proper working order to any member of Staff of the Equestrian Centre/Club. This is to ensure speedy repairs inter alia, and to ensure the health and safety of all Members/Riders/Horses.
28.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that regular and necessary maintenance inter alia is/are necessary element(s) of the running of the Equestrian Centre/Club, and therefore acknowledge(s) that it is his/her/their sole/combined responsibility to enquire in relation to any scheduled/ongoing maintenance essential or otherwise which may be ongoing on the Equestrian Centre/Club premises prior to the Applicant(s)/Member(s) engaging in any equestrian activities whatsoever so as to ensure there is/are NO unnecessary incidents / accidents / frights inter alia caused as a consequence of the Applicant(s)/Member(s) being unaware of any such maintenance. This is to ensure the health and safety of all Members/Riders/Horses and equestrian Centre/Club employees/agents/contractors inter alia.
29. The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the Company/Equestrian Centre/Club has the right to close any/all section(s) of the Equestrian Centre/Club for maintenance and or any reason(s) whatsoever without prior Notice to the Applicant(s)/Member(s).
30. In relation to Circumstances Beyond our Control, The Applicant(s)/Member(s) fully accept the Company/Equestrian Centre/Club shall have no liability whatsoever to the Members if it is prevented from and or delayed in operating its Equestrian Centre/Club or from carrying on its business directly or indirectly by any acts, events, omissions or accidents beyond it’s reasonable control including but not limited to, act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Equestrian Centre/Club or any other party), failure of a utility service, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, unusually severe weather, energy supply disruption, default of suppliers or subcontractors.
31.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the Equestrian Centre/Club is for Members and their Horses ONLY. Wherefore the Applicant(s)/Member(s) further understand(s), agree(s), accept(s) and undertake(s) to NOT bring any OTHER ANIMAL (PET) to and or onto the Equestrian Centre/Club premises, and or cause any animal (pet) and or any other person(s) animal(s) (pets) to be on the Equestrian Centre/Club premises. The list of Animals (Pets) NOT permitted on the Equestrian Centre/Club premises is as follows but by no means limited to same:- DOGS of any breed whatsoever; CATS of any breed whatsoever; RABBITS of any breed whatsoever; PARROT(s); GUINEA PIG(s); HAMSTER(s); BUDGIE(s); MICE; RAT(s); SNAKE(s); LIZARD(s); TURTLE(s)/TORTOISE; TARANTULA(s); Inter Alia. There are NO exceptions to the herein and or any Rule/Regulation, term/condition within the herein Agreement. NO PETS (other animals) ALLOWED.
32.For the avoidance of All Doubt and for Extreme Clarity, The Company/Equestrian Centre/Club and or its employee’s inter alia have nothing whatsoever against these pets/animals, and in many instances have pets of their own. Notwithstanding same and the facts that all Members may have pets and love their pets, and where these pets may be well behaved, and have never caused any problems whatsoever in any setting whatsoever is NOT the issue. Horses are generally large animals, weighing in the region of 400KG to 500KG and are notorious “spookers” where the mere sight of a friendly “pet” may “spook” the best of horses, and therefore may cause any horse to injure himself/herself and or their respective riders/members and or innocent spectators inter alia. Wherefore it is unreasonable and unacceptable behaviour on the part of any Applicant(s) / Member(s) and or their family members/friends inter alia to bring their Pet(s) onto the Equestrian Centre/Club premises, where there are young and old riders/spectators and likewise young (green) and old Horses and their respective riders continuously moving about the premises who have a right to expect to enjoy a peaceful and uninterrupted and safe riding/spectator experience free of the fear/concern of meeting and or being accosted by a friendly or unfriendly pet belonging to anyone whomsoever whether supervised or not. NOT all Horses are familiar with smaller pets, and NOT all Horses appreciate smaller pets. The Applicant(s)/Member(s) Horse(s) may very well tolerate his/her/their pet(s) BUT… This is NO guarantee whatsoever that ALL other members Horses will appreciate/tolerate smaller Pet(s). Wherefore the risks greatly outweigh any perceived benefits, and the practice of bringing Pet(s) is therefore Unacceptable and Prohibited. This is to ensure the health and safety of all Members/Riders/Horses, any failure to observe same may lead to the immediate termination of the herein Agreement inter alia, and causes a gross negligence event(s) / act(s) to occur on the part of any/all Applicant(s)/Member(s) involved, likewise with any breach of these rules/regulations, terms/conditions Where any/all liability rests with said Applicant(s)/Member(s).
33. The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that drinking Alcohol and or consuming drugs inter alia is Strictly prohibited on the Equestrian Centre/Club’s premises. The Applicant(s)/Member(s) further understand(s), agree(s) and accept(s) that drinking Alcohol and or consuming drugs prescription or otherwise inter alia prior to attending the Equestrian Centre/Club’s premises with the intent to engage in equestrian activities is entirely unacceptable, and undertake(s) Not to engage in such activities in any context whatsoever under any circumstances whatsoever while on the Equestrian Centre/Club premises, and or on the way to our premises.
34.There are extremely limited “Special Occasions” where Alcohol is permitted to be consumed on the premises, where the express written consent of the Company/Equestrian Centre/Club is required pertaining to each and every Special Occasion. For the avoidance of All Doubt and for Extreme Clarity these Special Occasions can NEVER involve the/any use of Horse(s) whatsoever in any context whatsoever. The Company/Equestrian Centre/Club has the final say on whether any gathering of members in relation to any “Special Occasion” is advisable and or prudent, and any member(s) attending any “Special Occasion” sanctioned by the Company / Equestrian Centre/Club and whom consumes Alcohol undertakes to Not engage in any Horse related activities for a minimum of 24 hours thereafter, as consumption of Alcohol and Horse riding inter alia are Not compatible, and therefore unacceptable and prohibited.
35.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the Equestrian Centre/Club is a Smoke Free premises (Smoking and or Vaping inter alia) where Smoking inter alia is strictly prohibited. Smoking is tolerated in the Car Park ONLY, BUT Not in close proximity to the Canteen and or Outdoor seating area and or standing stalls/washing area inter alia.
36. The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the Company/Equestrian Centre/Club can require the Applicant(s)/Member(s) to remove from the Equestrian Centre/Club’s premises any unruly and or unsafe Horse(s). This is in the best interests of the Health and Safety of ALL Members and or their Horses.
37. The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the Company/Equestrian Centre/Club can require any Member(s) to immediately leave the premises for any reason(s) whatsoever deemed reasonable by the Company/Equestrian Centre/Club at the material time, and without the need for any explanation whatsoever to the Applicant(s)/Member(s). The/Any Applicant(s)/Member(s) can appeal the merits of any such decision in writing within fourteen (14) days of any such event where the Company/Equestrian Centre/Club will fully investigate the entirety of the matter in a timely manner and inform the Applicant(s)/Member(s) of the outcome of same within fourteen (14) days of the commencement of said Investigation.
38. The Applicant(s)/Member(s) understand(s), agree(s), accept(s) and undertake(s) to abide by any Rules and or Regulation(s) of any equestrian organisation of which he/she/they is/are Member(s) and or affiliated to, and which are not expressly provided for within the herein Agreement. Such Equestrian Organisations being but by no means limited to:- Eventing Ireland; Show Jumping Ireland; Irish Pony Club; AIRE; ISSA; and or AIRC. inter alia.
39. The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the Company/Equestrian Centre/Club takes all necessary and reasonable care to ensure the Equestrian Centre/Club is Safe for All Members and their Horses, and the Applicant/Member undertakes to cooperate fully with the Company/Equestrian Centre/Club in all reasonable manner(s) inter alia by observing, checking and reporting of any/all injury/damage/maintenance issues and or any other issues whatsoever which may require attention so as to ensure the health and safety of All Members and their Horses is ensured and maintained in so far as is practicable at all material times. Wherefore the Applicant(s)/Member(s) undertake(s) to complete the “Report/Observation(s) Form” when/if necessary in relation to any Issue, observation, recommendation inter alia and deposit same in the “Report/Observation(s) Form BOX” located in the Office/Canteen of the Company/Equestrian Centre/Club. This is in the interests of the timely treatment of Member(s)/Horse(s), maintenance and or necessary property repairs, and to ensure the best possible Health and Safety standards for and on behalf of All Members and or their Horses and the Equestrian Centre/Club’s Staff inter alia. Furthermore the Applicant(s)/Member(s) undertake(s) to refrain from completing and or depositing non factual and or bogus reports/observations owing to the seriousness of same process.
40.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the equine activities he/she/they intend(s) to partake/engage in at the Equestrian Centre/Club are activities which are freely recognised and accepted as being dangerous and that the equine activities he/she/they intend(s) to partake/engage in at the Equestrian Centre/Club is/are in fact a “Risk Sport” which encompass an Inherent Risk which cannot be eliminated. Wherefore the Applicant(s)/Member(s) fully accept(s) the entirety of the risks inter alia involved are acceptable risks to him/her/them while engaging in equestrian activities and that the entirety of these Risks are accepted and taken at the Applicant(s)/Member(s) own risk entirely. Wherefore the Applicant/Member undertakes to have adequate Personal Injuries Insurance in place which covers all equine activities which are available and or can be engaged in, in their entirety on the premises of the Company/Equestrian Centre/Club for the duration of his/her/their Membership(s), and by executing the herein confirms that he/she/they has/have said and adequate Insurance in place.
41.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the Handling; Tacking Up; Loading and Unloading; Transportation; Washing; Grooming; Riding/Leading into and out of horse boxes, vans, lorries inter alia and or the Car Park; Riding/Leading/Jumping on the Cross Country Tracks/Water Trenches; Riding/Leading/Jumping in any/all Arena’s (show jumping – Dressage – Lunging – Automatic Walking Arena’s); Use of Standing Stalls; of/by him/her/them and or his/her/their Horse(s) on the premises of the Company/Equestrian Centre/Club also involves an Inherent Risk which cannot be eliminated, and there is added risk while doing so, and of him/her/them being vigorously pulled, pushed, kicked, knocked to the ground, bitten, trampled on, crushed, dragged, seriously injured, and possibly killed. Wherefore the Applicant(s)/Member(s) freely accept(s) and enter(s) into the entirety of these activities solely and knowingly at his/her/their own Risk, and likewise acknowledge(s) that while on the premises of the Company/Equestrian Centre/Club that the Applicant(s)/Member(s) may be exposed to the entirety of these Risks either from his/her/their own Horse(s) and or from another Members Horse(s) and accepts that these Risks are also acceptable to him/her/them, and the entirety of these possible dangers/risks are solely and knowingly at his/her/their own Risk. Wherefore the Applicant(s) / Member(s) undertake(s) to have adequate Personal Injuries Insurance in place which covers all equine activities available and or which can be engaged in, in their entirety on the premises of the Company/Equestrian Centre/Club for the duration of his/her/their Membership(s), and by executing the herein confirms that he/she/they has/have said and adequate Insurance in place.
42.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that while he/she/they is/are engaged in the activities of Handling; Tacking Up; Loading and Unloading; Transportation; Washing; Grooming; Riding/Leading in the Car Park; Riding/Leading/Jumping on the Cross Country Tracks/Water Trenches; Riding/Leading/Jumping in any/all Arena’s (show jumping – Dressage – Lunging – Automatic Walking Arena’s); Use of Standing Stalls; with his/her/their Horse(s) and or anyone elses Horse(s) on the premises of the Company/Equestrian Centre/Club that his/her/their Horse(s) and or any/all other Horse(s) in his/her/their care may cause injury / damage / loss inter alia to other Members/Horses and or other Members property, wherefore the Applicant(s)/Member(s) undertake(s) to have adequate Insurance in place to cover any/all such Injury/damage/loss, and by executing the herein cinfirm that he/she/they has said adequate Insurance in place.
43.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the use of Mobile Phones/Camera’s inter alia while mounted/riding inter alia is strictly prohibited and compromises his/her/their own health and safety and the health and safety of other Members and or their Horses. Wherefore the Applicant(s)/Member(s) undertake(s) to refrain from using his/her Mobile Phone/camera inter alia while mounted/riding/leading his/her/their horse(s) inter alia. Furthermore the Applicant(s)/Member(s) accept(s) that photographs and video clips may be taken of any/all equine activities on the premises, and that these may be used in our brochures and marketing materials and or on social media. If members Do Not wish to be photographed and or filmed this can be notified to any member of the Equestrian Centre/Club’s Staff, and or in writing and or by e-mail/text, and or by ticking the herein box.
44. The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that the use of “Drones” and or any other flying apparatus inter alia over any section of the Equestrian Centre/Club premises, either while on and or in the vicinity of the Equestrian Centre/Club premises is strictly prohibited and compromises the health and safety of other Members and or their Horses. Wherefore the Applicant(s)/Member(s) undertake(s) to refrain from using “Drones” and or any other flying apparatus inter alia over any section of the Equestrian Centre/Club premises.
45.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that serious Injury to his/her/their body/bodies and or his/her/their Horse(s) body/bodies is possible through his/her/their own actions and or inactions, and likewise through the actions and or inactions of other Members, and or through the actions of any/all Horse(s), and that these Risks are acceptable risks which he/she/they has/have considered and accepted and provided for prior to the execution of the herein Agreement. Wherefore the Applicant(s)/Member(s) undertake(s) to have adequate Insurance in place to cover any/all such injury, damage, loss, and or loss of Income inter alia, and by executing the herein confirm(s) that he/she/they has/have said adequate Insurance in place.
46.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that Horses may contract and or carry various Viruses/Bacteria inter alia and or illnesses, and may transmit same to other horses, wherefore it is the responsibility of the Applicant(s)/Member(s) to have his/her/their horse(s) appropriately vaccinated/inoculated in accordance with his/her horse’s veterinary practitioner’s advice/recommendations in relation to bringing horses into a group environment inter alia where the Applicant(s)/Member(s) horse(s) will be mixing with and using the same facilities inter alia as other horses. By executing the herein Agreement the Applicant(s)/Member(s) confirm(s) that his/her/their horse(s) is/are adequately protected against such health risks/threats. This is for the protection of his/her/their horse(s) and all other members horses.
47.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that there is limited vehicle, car/van/truck/trailer parking facilities, and that any/all Vehicle parking is Free of charge while the owner(s) of such vehicle(s) is/are a Member(s) and is/are engaging in equine activities on the premises. The Applicant(s)/Member(s) further accept(s) and understand(s) that on occasion the car park fills, wherefore the Applicant(s)/Member(s) undertake(s) to Not park in a disorderly manner at all material times and or to Not take up more space than is reasonably required, and to never leave any vehicle and or trailer inter alia on the premises overnight and or for any day or part thereof where the Applicant(s)/Member(s) is/will not be physically on the premises, without the prior express written permission of the Company/Equestrian Centre/Club.
48.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that any/all parking of vehicles is entirely at the owners own risk. Furthermore unauthorised parking/leaving of any vehicle(s) will incur a penalty parking fee of €20.00 per day/night or part thereof. Any vehicle(s) and or property brought onto the Equestrian Centre/Club’s premises, and or where personal / private property / belongings, valuable or otherwise is/are stored/left inside said vehicle(s) whether secured and or unsecured is done so entirely at the Owners/Applicant(s)/Member(s) own risk. No vehicle(s) may block any entrance and or any other members vehicle(s) and or the free movement of any/all other vehicle(s) under any circumstances. Unattended vehicles may be (re)moved by any means whatsoever without prior notice to the vehicle owner(s).
49.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that there are several Viruses, causing serious Human Health and Safety issues inter alia, and that there are/may be public health measures/regulations inter alia in place and that same may vary from time to time, wherefore the Applicant(s)/Member(s) undertake(s) to abide by any/all such public health measures/regulations and or Equestrian Centre/Club Health and safety rules/measures while on the premises, and to have and wear/use face masks/gloves inter alia when/where necessary, to have and use personal sanitiser(s) when/where necessary, and to engage in regular hand washing inter alia. Furthermore any Applicant(s)/Member(s) with cold/flu/covid like symptoms undertake(s) to NOT attend the Equestrian Centre/Club under any circumstances. This is in the best interests of the health and safety of All Members and Staff.
50.The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that there are bathroom facilities on site and that same are located at/in the Office/Canteen building. The bathroom facilities are properly stocked at all material times with all Necessities, and the use of the bathroom facilities is Free of charge. Wherefore the Applicant(s)/Member(s) undertake(s) to maintain and leave the Bathroom(s) in a perfectly usable condition after his/her use of same. It is deemed unacceptable behaviour for any Member of the Equestrian Centre/Club to cause the Bathroom(s) to be left in a state/condition which would/will be offensive and or unacceptable to other members and or Staff. Wherefore the Applicant(s)/Member(s) undertake(s) to never cause the Bathroom(s) to be left in an offensive, unclean and or unusable state/condition. This is in the best interests of the heatlh and safety and wellbeing of ALL Members and Staff.
51. The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that there are occupied Stables/Livery on site, and that Stables inter alia can be dangerous places, and that All horses occupying said Stables are entitled to peaceable enjoyment of said Stable(s). Certain horses may be on special diets inter alia wherefore feeding of any horse in any particular Stable without the express permission of the particular/specific Stable keeper(s) is Not permitted. Wherefore the Applicant(s)/Member(s) undertake(s) that he/she/they will Not enter and or visit any Stable on the premises of the Equestrian Centre/Club without the express permission/consent of the specific Stable keeper(s), and should any member(s) be in the proximity of a particular Stable by invite of the specific Stable keeper(s), the Applicant(s)/Member(s) further undertake(s) to refrain from visiting any other Stable Not under the control of the Stable keeper(s) whom invited him/her/them to visit their particular Stable(s).
52.The Company/Equestrian Centre/Club operates a strict Data Protection policy. Personal information requested by The Company/Equestrian Centre/Club at the time of Application/Membership or any other subsequent information is held in its original form and on computer. The Company/Equestrian Centre/Club is the data controller for the purposes of the Data Protection Act 1988 and Data Protection (Amendment) Act 2003. We will process your personal information in accordance with the Data Protection Act 1988 and Data Protection (Amendment) Act 2003, and will not divulge your personal information onto third parties. By providing us with your personal information to process your Application / Membership, you agree that your personal information can be held and accessed by the Company / Equestrian Centre / Club’s authorised staff, and used to contact you in the future either by email or post to send you e-news and/or marketing materials (including information about future events). If you do not want us to use your data to send you our e-news and/or other marketing materials please check this box . You can also exercise your right to opt out of receiving such e-news and/or marketing materials at any time by contacting us by email or by telephone at the email address/phone number displayed on our website “www.thefieldequestriancentre.ie”. The Member(s) may request details of personal information that The Company/Equestrian Centre/Club holds about The Member(s) under the Data Protection Act 1988 and Data Protection (Amendment) Act 2003. A small fee will be payable which will not exceed €10 per request. If The Member(s) would like a copy of the information held on The Member(s) please contact us by email at “info@thefieldequestriancentre.com”. If The Customer believes that any information The Company/Equestrian Centre/Club is holding on The Member is incorrect or incomplete, please contact us by email at “info@thefieldequestriancentre.com” and or visit our website “www.thefieldequestriancentre.ie” The Company / Equestrian Centre/Club will promptly correct any information which is found to be incorrect.
53.The Company/Equestrian Centre/Club has Public Liability Insurance, and Employers Liability Insurance. A copy of any of the above is available upon request to any Member. Likewise a copy/copies of any/all Insurance(s) held by the/any Member(s) must be available upon request to the Company/Equestrian Centre/Club.
54. If any of these Rules and Regulations, Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable it/they shall be severed and deleted from these Rules and Regulations, Terms and Conditions and the remaining Rules and Regulations, Terms and Conditions shall survive, remain in full force and continue to be binding and enforceable.
55. The Applicant(s)/Member(s) confirm(s) that prior to becoming a Member(s) of the Equestrian Centre/Private Members Club that he/she was asked/required by management to inspect the facilities to ensure that same were at minimum in line with his/her expectations particularly in relation to “risk” and “health & safety” inter alia, where the Applicant(s)/Member(s) did inspect the entirety of the facility/facilities and found same facility/facilities to be of the highest standards available/offered in the equestrian centre space, and that the Company/Equestrian Centre/Club has ample equipment/machinery inter alia to adequately and safely maintain the entirety of the premises, and that the condition of the premises on the day of said inspection was in the opinion of the Applicant(s)/Member(s) far in excess of what he/she/they expected and that he/she/they was/were is/are entirely happy with the Equestrian Centre/Club and its facilities and the health and safety measures in place inter alia and the visable efforts of the Equestrian Centre/Club to reasonably ensure the safety of All Members and their Horses. ALL parties to the herein accept and acknowledge that the Applicant(s)/Member(s) is/are Not qualified inspector(s) of equestrian centres, and merely satisfied himself/herself/themselves that the Company/Equestrian Centre/Club was/is clearly working towards providing an environment which was/is as safe as could/can be reasonably expected by a reasonable person intending upon engaging in equestrian activities. The Applicant(s)/Member(s) confirm(s) the validity and truthfulness of the herein (55) upon execution of the herein Agreement.
56. The Applicant(s)/Member(s) understand(s), agree(s) and accept(s) that he/she/they was/were asked and permitted to read the entirety of the herein terms/conditions/rules/regulations inter alia contained within the entirety of the herein document/Agreement and the Applicant(s)/Member(s) was/were offered and had ample opportunity to seek clarification and or independent advice, legal or otherwise in relation to the content of the herein document/Agreement prior to executing same, wherefore the Applicant(s)/Member(s) confirm(s) that he/she/they did read the entirety of the herein document/Agreement prior to executing same, and was/were either independently informed/advised and or found for himself/herself/themselves that there are NO unfair terms/rules/regulations inter alia contained within the herein document/Agreement, and in fact the entirety of all terms/conditions/rules/regulations are entirely fair and warranted inter alia, and confirm(s) same by executing the herein document/Agreement.
57.The Applicant(s)/Member(s) understands, agrees and accepts that he/she/they is/are bound by the entirety of the herein document/Agreement, and that he/she/they was/were offered ample oportunity to seek legal advice pertaining to the entirety of the content of the herein Agreement. Notwithstanding same by digitally executing the herein Agreement the Applicant(s)/Member(s) confirm(s) that he/she/they either sought legal advice pertaining to same and is/are happy to execute same, and or he/she/they waives/waived his/her/their right to seek/obtain legal advice pertaining to the entirety of the content of the herein document/Agreement and is/are happy to digitally execute the herein document/Agreement, and does so of his/her/their own free will, and in the absence of any duress and or coercion whatsoever.
By executing the herein digital agreement the Applicant/Member undertakes to email a copy of their Driving Licence/Passport being satisfactory evidence to confirm the identity of any/all person(s) whose name(s) is/are subscribed to the within document/Agreement and or the parent(s)/Legal Guardian(s)/Carer(s) of the person(s) whose name(s) is/are subscribed to as a child/children/Minor(s)/Under 18’s within the herein document / Agreement and acknowledged to The Company/Club that he/she/they execute(d) the same in his/her/their legally authorised capacity, and that by his/her/their acceptance/execution of the herein digital document/Agreement is/are the person(s), whom acted and executed the herein digital document/Agreement either on behalf of himself/herself/themselves and or on behalf of the child/children/minor(s)/under 18’s whom is/are legally in his/her/their guardianship/care and named herein as Applicant(s)/Member(s).
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N WITNESS WHEREOF, each party whom digitally executes the herein agreement by registering as a Member on the Company/Club Website accepts the entirety of the herein and agrees to be bound by the entirety of the herein as if the herein was executed under his/her hand or seal.