Preamble
This Agreement is made between the participant named below ("Participant") and Tiaki Ride, its owners, operators, directors, employees, contractors, and volunteers (collectively "Tiaki Ride"). It is governed by the laws of New Zealand, including the Accident Compensation Act 2001, the Health and Safety at Work Act 2015, and the Contract and Commercial Law Act 2017. By signing, the Participant confirms they have read, understood, and freely agreed to all terms set out herein.
1.Acknowledgement of Inherent Risk
1.1The Participant acknowledges that horse riding and working with horses is an inherently dangerous activity and that no amount of care, instruction, or supervision can eliminate all risk associated with equine activities.
1.2Inherent risks include, but are not limited to:- Falls from horses during mounting, riding, or dismounting
- Kicks, bites, or other unpredictable horse behaviour
- Contact with fencing, structures, or obstacles on the property
- Ground surface hazards, including uneven terrain and wet conditions
- Injury caused by other horses, riders, or persons on the property
1.3These risks may result in serious personal injury, permanent disability, or death.
1.4The Participant voluntarily accepts all inherent risks associated with equine activities conducted at or arranged by Tiaki Ride.
2.Health & Safety Obligations (HSWA 2015)
2.1The Participant acknowledges that under the Health and Safety at Work Act 2015 (HSWA), Tiaki Ride, as a Person Conducting a Business or Undertaking (PCBU), has a non-waivable duty to manage risks to health and safety so far as is reasonably practicable.
2.2The Participant also has duties under HSWA to take reasonable care for their own health and safety, and to comply with any reasonable health and safety instructions given by Tiaki Ride.
2.3This waiver does not limit or affect Tiaki Ride's obligations under HSWA, nor does it prevent the Participant from exercising any rights they may have under HSWA or under the jurisdiction of WorkSafe New Zealand.
3.Release & Limitation of Civil Liability
3.1Subject to the Participant's rights under the Accident Compensation Act 2001 and to the maximum extent permitted by New Zealand law, the Participant releases and holds harmless Tiaki Ride from any civil claim for loss, damage, or expense arising from participation in equine activities.
3.2This release includes, but is not limited to, claims for property damage, consequential financial loss, and any loss not otherwise covered by the ACC no-fault scheme — whether arising from negligence or otherwise.
3.3This release does not apply to any claim arising from Tiaki Ride's reckless or intentional conduct, or to any liability that cannot lawfully be excluded under New Zealand law.
4.Participant Responsibilities
4.1The Participant agrees to follow all safety instructions given by Tiaki Ride staff and instructors at all times.
4.2The Participant agrees to wear an approved equestrian helmet meeting or exceeding the AS/NZS 3838 standard during all mounted activity, including mounting and dismounting.
4.3The Participant agrees to ride only at a level appropriate to their ability and experience, as assessed by Tiaki Ride instructors.
4.4The Participant agrees to disclose, prior to participation, any physical condition, disability, or medication that may affect their ability to safely participate in equine activities.
4.5The Participant agrees to treat all horses, equipment, and other persons on the property with care and respect at all times.
4.6The Participant agrees to immediately inform a Tiaki Ride staff member of any concern regarding safety or their own fitness to ride.
5.Minor Participants
5.1Under the Contract and Commercial Law Act 2017, minors (persons under the age of 18) do not have full legal capacity to enter binding contracts. Where the Participant is under 18 years of age, this Agreement must be completed and signed by a parent or legal guardian.
5.2By signing on behalf of a minor, the parent or guardian confirms they have legal authority to do so and agree to all terms of this Agreement on the minor's behalf.
5.3The parent or guardian accepts full responsibility for ensuring the minor complies with all Tiaki Ride instructions and safety requirements at all times.
5.4The parent or guardian acknowledges that the ability to pursue civil claims on behalf of the minor may be limited by the ACC scheme and the terms of this Agreement.
6.Emergency Medical Authorisation
6.1In the event of an accident or medical emergency, the Participant consents to Tiaki Ride administering, or arranging the administration of, first aid at Tiaki Ride's reasonable discretion.
6.2The Participant consents to Tiaki Ride contacting emergency services (including NZ Police and St John Ambulance) as required. Where the Participant is unconscious or otherwise unable to consent, Tiaki Ride may act in the Participant's best medical interests.
6.3Costs incurred for emergency treatment may be eligible for cover through the Participant's ACC entitlements. The Participant is responsible for any costs not covered by ACC.
7.Photography & Imagery
7.1The Participant consents to Tiaki Ride taking photographs or video footage during activities for use in promotional materials, social media, and internal records.
7.2The Participant may withdraw this consent at any time by notifying Tiaki Ride in writing. If the Participant does not consent at the time of signing, they must notify Tiaki Ride in writing before their first session.
8.Severability, Entire Agreement & Governing Law
8.1If any provision of this Agreement is found by a court to be void, unenforceable, or inconsistent with applicable New Zealand law, that provision will be severed and the remainder of this Agreement will continue in full force and effect.
8.2This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written representations.
8.3This Agreement is governed exclusively by the laws of New Zealand. Any dispute arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the New Zealand courts.