Encore Equestrian Kilmore East

Encore Equestrian Kilmore East Rules, Terms and Conditions/Waiver of Liability

Welcome to Encore! These below is designed for the safety of clients, staff and horses. Feel fee to contact us on 0413 464 469 if you have any questions or concerns.

Rules:
1. Instructions given by staff must be followed at all times.

2. Calm behaviour is important when being around horses, please exercise calm behaviour at all times.

3. Clients are not to enter horse areas without permission. Please wait until a staff member instructs you to enter a stable or the arena before doing so.

4. Diets are designed individually for each horse. Excessive feeding can endanger the health of the horse therefore no horse should be fed without permission from a staff member.

5. Each horse has its own gear fitted. Gear is valuable and must not be left on the floor as is may get damaged or cause a hazard. Ask staff for assistance with gear if necessary.

6.Staff are familiar with the horses at Encore, so when handling the horse, always follow the instructions from the staff. Do not wrap the reins or lead rope around your hand when leading the horse. You will be shown how to lead a horse correctly at your first lesson.

7. When you are around horses, you must be aware of your environment and try to avoid situations that may endanger yourself, the horse, or others. Always ask a staff member for assistance if required, be open-minded when being given advice and participating in training.

8. Outside animals are not permitted to be on the grounds of Encore without prior approval (excluding assistance dogs).

9.Children under 15 must be supervised by an adult at all times.

10. Encore has a no smoking policy.

11. Any injuries, accident or damage must be reported IMMEDIATELY to a staff member.

12. All vehicles are to be parked in designated parking areas. In the event you need to load or unload your car, please do so and then move it to the designated parking area before leaving to do other things.

13. Ensure lights are switched off, taps are not left running and litter is placed in bins provided.

14. We will endeavor to keep the centre clean and tidy but all clients are responsible for ensuring that the area around their yard, tack area and other areas used by them are kept clean.

15. Please report any safety concerns immediately by emailing info@encoreec.com.au.

16. Adhere to all directions displayed on signage at Encore at all times.

17. A helmet must be worn at all times when riding.

18. Suitable footwear must be worn at all times when riding. (Closed toe, smooth sole, small heel.)

19. Minimum age for lessons is 5 years old.

20. When riding a horse or pony, it is inevitable that you will fall off. We are confident that the horses and ponies that we select for you are suitable for your level but we cannot guarantee your safety as you are paired with a live animal. Riding is a wonderful and exhilarating sport but it is not without its’ dangers. Please be aware of this, prior to signing yourself or your child up for Encore's programs.

21. Lessons will NOT be extended if you are late no matter what the circumstance as our instructors are booked in for lessons back to back.

22. Encore staff regularly take photos and videos of our programs running. Such use for these includes the display, distribution, publication, transmission, or otherwise use of photographs, images, and/or video taken for use in materials that include, but may not be limited to, printed materials such as brochures and newsletters, videos, and digital images such as those on the Encore Equestrian Centre Pty Ltd website and social media.

25. Consent to medical attention: Encore strongly recommends all riders to have up to date ambulance cover. If you choose to not be covered that is your choice however in the event of an emergency where an ambulance is deemed necessary our instructor will call one as required under our duty of care. By enrolling for lessons or programs at Encore you authorize employees of Encore to administer first aid and call an ambulance if deemed necessary. As a result of this you agree to bear any cost thereby incurred for all ambulance, hospital and medical expenses.


WAIVER OF LIABILITY
By enrolling for any program or lesson with Encore Equestrian Centre you understand, acknowledge and accept that:

• Horse sports are a dangerous recreational activity and horses can act in a sudden and unpredictable way at any time
• Regardless of its size, weight or age, a horse can bite, bolt, buck, fall, jump, kick, pigroot, rear, roll, shy, slip, stumble, or stand on a person, while he/she is on or near it.
• There is a significant risk that serious injury or death may result from horse riding and associated activities and freely assume all such risks, even if arising from the negligence of Encore Equestrian Centre and/or the coach or others
• I voluntarily participate at my own risk, and assume sole responsibility for any injury, death or property damage I may suffer
• I understand and acknowledge the dangers associated with and agree to not consume alcohol or any mind-altering drugs before and during the activity
• I will follow the directions of the Coach/Instructor and understand that any misconduct or refusal by me to follow these directions can result in the cancellation of my participation and my immediate removal from my horse no matter where that may occur. I understand that any such non-compliance may result in injury, death and or permanent disability and I agree to indemnify Encore Equestrian Centre and or the Coach or others against all claims made by any person as a result of my failure to comply.
• I agree to wear a helmet at all times whilst participating and agree that I am solely responsible for my actions. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless and agree not to sue Encore Equestrian Centre and/or the coach, instructors, their officers, officials, volunteers, agents and/or employees, other participants, sponsoring agencies, sponsors, state bodies, affiliated clubs and if applicable, owners and lessors of premises/properties used to conduct the activities with any respect to and all injury, disability, death, loss or damage to person or property, whether caused by the negligence of these parties or otherwise.
• The rider agrees with the supplier, in return for the Supplier permitting the rider to engage in Activities from time to time, that:
a) The rider participates in the activities at his/her own risk
b) The Supplier will no be liable for the rider’s death or personal injury (as defined in s.22 Australian Consumer Law and Fair Trading Act 2012 Vic.), to the rider, due to or arising out of:
i. Any breach of an implied warranty, condition or guarantee under the law that the Activities will be rendered with the reasonable care and skill;
ii. Breach of a guarantee under the Subdivision B or Division 1 of Part 3-2 of the Australian Consumer Law (Vic) in relation to the Activities (the provisions of which subdivision are hereby excluded);
iii. Negligence or fault on its part under the law; or
iv. Materialisation of any of the Risks:
c) He/she will not make any claim or bring any legal action against the supplier relating to any liability excluded by clause ‘b’.
• he/she will not make any claim or bring any legal action against the Supplier relating to any liability excluded by clause ‘b’.
• If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012. if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this notice.

Cancellation Policy:
Our cancellation policy is actively enforced. If you are unable to ride in your booked lesson, we ask that you cancel your spot at your earliest convenience via your Hopoti account. If you do not have access to the internet to do so we advise you call Encore directly on 0413 464 469. If Encore does not answer you must leave a message on our answering service or send a text message.
The following credits will be put to your account in the event of cancellations:
- Full credit if lesson is cancelled 24 hours or more in advance of lesson start time.
- No credit if lesson is cancelled 24 hours or less before lesson start time or if the client is a no show.

Weather Policy:
All services and programs will go ahead despite any weather conditions. Although the main part of lessons is to learn to ride the horse, there are many important topics that all riders should learn that do not require the rider to be sitting on the horse. At times where weather would be deemed inappropriate for riding due to high temperatures, excessive rain or storms, Encore will provide alternate learning activities which are important requirements of a riders’ general knowledge with horses and horsemanship. These lessons may be planned in advance should the weather forecast be showing inappropriate circumstances or if the weather turns mid-lesson and riders have to immediately dismount. Encore will have activities always ready to use at any given time. Encore guarantees that the quality of alternate activities will be of the highest standard and will be linked into what they are currently learning in their ridden lessons. Please note; Encore’s cancellation policy as outlined above applies for all programs including alternate activities.

By enrolling for lessons you agree you have read and agree to all aspects of this release of liability and assumption of risk agreement, fully understand its terms, understand that you have given up substantial rights by enrolling. You understand that your enrolment into any Encore program constitutes a complete and unconditional release of all liability of Encore Equestrian Centre Pty Ltd and/or the Coach and others, to the greatest extent allowed by law in the event of you and/or the children under your care, suffering injury or death. You understand that by enrolling for any program the cancellation policy applies to you and you agree to abide by it, you also agree to follow all rules outlined and the weather policy.


The co-operation of all clients is sought to preserve and protect the venue for the enjoyment of all.