Client review document

EquiShare H&S waiver and risk acknowledgement.

Full draft document shown to riders and guardians before checkout acceptance. Version draft-v1-local-2026-04-25.

Lawyer-review draft for V1 local testing. This is not legal advice and must be reviewed by a New Zealand lawyer, insurance adviser, and safety adviser before public launch. It is intentionally written to preserve non-excludable New Zealand duties and rights rather than pretending they can be waived.

Full waiver document

Terms to review before accepting.

1. Who this protectsThis acknowledgement is for the benefit of EquiShare, its directors, officers, employees, contractors, service providers, insurers, payment providers, and support personnel, and for the named host, facility owner or occupier, staff, contractors, volunteers, club officials, coaches, event helpers, and other authorised persons involved with the booked facility.
2. Platform and host roleI understand EquiShare operates the marketplace, booking, payment, receipt, support, and record layer. The named host supplies the facility access, resource, site rules, hazard information, arrival instructions, cancellation terms, and on-site controls shown for my booking.
3. Inherent equestrian riskI understand horses and equestrian environments are inherently risky. Risks may include falls, kicks, bites, crush injuries, loose or frightened horses, unpredictable horse behaviour, rider error, tack or equipment failure, footing changes, weather, lighting, jumps, poles, mirrors, fencing, gates, yards, wash bays, float and truck movements, machinery, livestock, dogs, chemicals, uneven ground, other riders, spectators, and other people on site.
4. My suitability and controlI confirm the rider has the experience, physical condition, judgement, and horse-control ability needed for the booked resource and intended activity. I will not ride or continue riding if I am unfit, impaired, injured, unsafe, pressured beyond ability, or unable to safely control the horse.
5. Inspection before useBefore using the resource, I will make my own reasonable inspection of the arena, yards, gates, footing, approaches, parking, tie-up area, wash bay, and any equipment I intend to use. If something appears unsafe, unsuitable, closed, damaged, slippery, flooded, blocked, or materially different from the booking information, I will stop, avoid the area, and contact the host or EquiShare support.
6. Rules, hazards, and instructionsI have read the host rules, resource notes, hazard acknowledgement, cancellation terms, arrival details, and any closure or weather notices attached to my booking. I will follow posted signs, reasonable host or staff directions, helmet and supervision rules, resource boundaries, parking instructions, manure and wash-down rules, dog rules, smoking restrictions, and any instruction to pause or stop use.
7. Protective equipment and tackI am responsible for ensuring the rider uses properly fitted and suitable protective equipment, tack, saddlery, footwear, and clothing for the activity. Unless the host rules impose a higher standard, an approved riding helmet must be worn whenever mounted or otherwise required by the host.
8. Horse suitabilityI confirm each horse I bring is suitable for the booked resource and activity, appropriately handled, under control, in acceptable health for the activity, and not knowingly dangerous to people, horses, property, or the facility. I will not bring a horse showing signs of contagious disease, uncontrolled behaviour, or unsuitability for the booking.
9. Minors and guardiansIf the booking involves a minor rider, I confirm I am the parent, guardian, or authorised responsible adult with authority to accept this acknowledgement, provide emergency contact details, supervise the minor as required, and make decisions for the minor at the facility. A minor booking cannot proceed to payment until guardian consent and emergency details are complete.
10. Guests and helpersI am responsible for any guest, helper, groom, family member, spectator, driver, or other person I bring to the facility. I will make sure they follow the host rules, stay within permitted areas, avoid horses and operations unless authorised, and comply with any directions or closure notices.
11. Damage, mess, and introduced hazardsI am responsible for property damage, excessive mess, manure removal, gate or facility misuse, avoidable surface damage, unauthorised equipment use, off-resource access, or any hazard introduced by me, my horse, vehicle, equipment, guest, or helper. I must promptly report damage, incidents, near misses, loose horses, injuries, illness, unsafe conditions, or introduced hazards.
12. Emergency and incident handlingI authorise the host and EquiShare to use the booking details, rider and guardian information, emergency contact details, incident notes, support records, and relevant evidence for emergency response, support, insurance, legal, refund, safety, payment, and regulatory purposes, subject to the EquiShare privacy policy and applicable law.
13. Release to the maximum extent permittedTo the maximum extent permitted by New Zealand law, I accept the ordinary and inherent risks of the equestrian activity and facility use, and release the protected EquiShare and host parties from claims, losses, costs, and liabilities arising from those inherent risks, my conduct, my horse, my equipment, my guests, inaccurate information I provide, or my breach of this acknowledgement or the host rules.
14. Indemnity to the maximum extent permittedTo the maximum extent permitted by New Zealand law, I indemnify the protected EquiShare and host parties against claims, losses, costs, expenses, damage, or liability arising from my breach of this acknowledgement, my unsafe or unauthorised conduct, my horse or equipment, property damage I cause, claims by my guests or helpers, or claims relating to a minor rider for whom I accepted responsibility.
15. What this does not excludeNothing in this acknowledgement excludes, limits, transfers, or waives any duty, liability, consumer guarantee, fair trading obligation, privacy obligation, health and safety duty, statutory right, or remedy that cannot lawfully be excluded under New Zealand law. This includes non-transferable Health and Safety at Work Act duties and any rights that cannot be contracted out of for consumer services.
16. ACC and other claimsI understand New Zealand's ACC scheme may affect civil claims for personal injury covered by that scheme. This acknowledgement still applies to property damage, uncovered losses, contractual obligations, payment/refund disputes, support records, incident handling, regulatory duties, and any claim or remedy that may lawfully proceed.
17. Booking snapshotI understand the host rules, hazard acknowledgement, cancellation terms, supplier identity, price, resource, booking time, and this waiver version may be stored as a booking snapshot before payment or request submission and used later for support, incidents, closures, refunds, chargebacks, or disputes.

Lawyer review notes

Source basis and open legal checks.

Review neededConfirm enforceability of release and indemnity wording, consumer-service treatment, host private/in-trade status, minors/guardian authority, privacy collection wording, insurance disclosure, and whether any host-specific wording must be added for clubs, pony clubs, clinics, or volunteers.