NENAGH EQUESTRIAN CENTRE PRIVATE MEMBERS CLUB
TERMS and CONDITIONS / RULES and REGULATIONS
This is a Registration as a member of Nenagh Equestrian Centre Private Members Club Agreement (“the Agreement/Contract”) which is made under Common Law, and effective and binding between the parties on the date of digital Execution by Registration by any person as a member, on the Nenagh Equestrian Centre Private Members Club Website:- www.necpmc.ie
BETWEEN:- NENAGH EQUESTRIAN CENTRE PMC LIMITED, (“the Company”) (Trading As “Nenagh Equestrian Centre Private Members Club” & “NEC PMC”), 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:- The Briar, Lahesseragh, Ballintoher, Nenagh, Co. Tipperary. Ireland.
AND:-
The person as set out in the digital application/registration form, as a member (“the Applicant/Member” on “www.necpmc.ie”), an individual/entity with his/her main address/residence located at:- The address as set out in the digital application/registration form while registering as a member as completed on “www.necpmc.ie”. Said digital application/registration form, froms part of the herein Agreement/Contract where both must be construed together as one.
INTERPRETATION
The following definitions and rules of interpretation shall apply in these Rules/Regulations/terms and conditions: “Company or Equestrian Centre or Club or private members club” means Nenagh Equestrian Centre Private Members Club (NEC PMC) and vise versa and one/any/all of the entirety of the facilities and or amenities present and or provided by Nenagh Equestrian Centre PMC on/at its premises/property at the location set out hereinabove.
“Conditions” means these terms and conditions and or Rules/Regulations for the provision of Services and or membership of NEC PMC.
“Agreement/Contract” means the herein agreement/contract between Nenagh Equestrian Centre PMC the Company/Equestrian Centre/Club and the Applicant/Member for Membership and the provision of Services inter alia by Nenagh Equestrian Centre PMC to it’s members in accordance with and subject to the herein Rules/Regulations/terms and Conditions of this Registration as a Member Agreement/Contract.
“Inter Alia” means “amongst other things”
“Member” means any person, company, firm or other legal entity, including any employees, agents or sub contractors of any person/entity whom purchase a Membership and thereafter any Service(s), and or whom purchases a membership or places an order from the Nenagh Equestrian Centre PMC/Company/Equestrian Centre/Club website (www.necpmc.ie) and or in person and or over the telephone; (verbally or written) NO PERSON/ENTITY CAN BE ON THE PREMISES OF NENAGH EQUESTRIAN CENTRE PMC UNLESS SAID PERSON/ENTITY IS A FULLY PAID UP MEMBER OF NENAGH EQUESTRIAN CENTRE PMC.
“Activities” means any cross country course, sand/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/ Nenagh Equestrian Centre Private Members Club (together with its employees, agents and or contractors). Where the herein Rules/Regulations/Terms/Conditions refer to “You, Your, or Yourself” and or “him/himself/his and or her/herself/hers” 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. This Agreement/Contract is made strictly and exclusively under Common Law. 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, where said law(s) are not contrary to Common Law. Any reference to “writing/in writing” or “written” is to the herein Registration as a Member agreement/contract and or it’s terms and conditions / Rules and regulations, and any notice(s) called for / required hereunder and which is required by Registered prepaid Post, and or by email to/from the official e-mail address of Nenagh Equestrian Centre Private Members Club:- “info@necpmc.ie” in relation to this Agreement/Contract, and or in relation to general matters/ordinary business by Text/WhatsApp message to 086 869 8885.
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/Member agrees to become A Member as specified in the Digital Application/Registration on the Website (“www.necpmc.ie”) which is subject to the herein Registration as a Member agreement/contract and it’s rules/regulations and terms and conditions which any/all Members must confirm that they have read and accept and agree to be bound by said agreement/contract and it’s rules/regulations and terms and conditions of the Equestrian Centre operated by Nenagh Equestrian Centre Limited trading as Nenagh Equestrian Centre Private Members Club, which is a “Private Members Club” (hereinafter the “Equestrian Centre” and or “The Equestrian Centre/Club” and or “Club”) located at The Briary, Ballintoher, Nenagh, Co. Tipperary E45 YD63., info@necpmc.ie where the Applicant/Member intends to partake / engage in the herein below described equestrian activities inter alia. The parties agree as follows:-
The Applicant/Member intends to knowingly and wilfully engage in the dangerous activities of Horse Riding, Horse Jumping, Horse Walking, Horse Grooming, Horse Washing, Horse Training, Horse feeding, Horse Maintenance, of any/all nature(s) whatsoever, and or any potential use whether authorised and or unauthorised of any of the Club’s equipment and or machinery in any context whatsoever, solely at the Applicant/Members own Risk, and where the Applicant/Member entirely indemnifiesies Nenagh Equestrian Centre Private Members Club in accordance with the “Indemnity Agreement” freely entered into by the Applicant/Member at the same time as execution of the “Registration As A Member” Agreement and therefore the herein Agreement/Contract and wish all three Documents/Agreements to be construed together.
“Applicant/Member” in the herein Agreement is the person applying to become a “Member” of the “Private Members Club” that is Nenagh Equestrian Centre PMC which is legally controlled and operated by the Company. Upon execution of the herein Agreement said person/Applicant is accepted and becomes a “Member” of the “Private Members Club” that is Nenagh Equestrian Centre PMC controlled and operated by the Company. Said Membership is on an annual basis beginning on the date of Registration until cancelled. This Agreement may be cancelled/terminated at any time by the “Applicant/Member” where the “Applicant/Member” may cancel/terminate same in writing, sent by Registered Prepaid Post to the address hereinabove of the Company/Nenagh Equestrian Centre Private Members Club, and or by email to info@necpmc.ie thirty (30) days prior to the date of intended cancellation/termination.
ALL monies, fees and or outstanding balance(s) owed by a member intending to cancel/terminate their membership, in relation to lessons, services, activities, trips/treks inter alia must be settled in Full prior to the intended date of cancellation/termination. In simple terms both parties agree that it is entirely unacceptable for either party to fail, refuse and or neglect to pay any/all monies that legitimately become due and owing by either party under and or as a consequence of the herein Agreement/Contract or any other legitimate contract entered into by the parties. All monies due to NEC PMC MUST be settled in full prior to the termination date of the herein Agreement, and likewise all monies (if any) owed by NEC PMC to any Member cancelling their membership MUST be paid prior to the intended termination date. Failure by either party to settle/pay any outstanding amount(s) in FULL prior to the intended termination date causes a penal compound interest rate of 10% to apply on a weekly basis to any outstanding amount(s).
The herein Agreement the “Registration As A Member” agreement is/are a One Year Rolling Agreement, where the Applicant/Member upon signing up/Registering as a member causes the Agreement to Roll into another year by consenting to automatically renew/pay his/her/their annual membership prior to or upon the expirey of one year after Registration/Renewal of the herein agreement (The Date of First Registration and or subsequent Renewal(s)). The Applicant/Member understands, agrees and accepts that the herein Agreement will automatically Renew within one Year after the date of executing the Registration Form and therefore the herein Agreement. Should the Member cause their Membership to terminate prior to any automatic renewal, no charges will be made and the Member ceases to be a member of NEC PMC upon completion of the termination process inter alia.
TAKE NOTICE:- Where the herein Agreement terminates, as a consequence of failure to renew/pay membership fee(s) prior to the renewal date on the part of the Applicant/Member the Applicant/Member will cease to be a Member of Nenagh Equestrian Centre PMC/The Club, wherefore should the Applicant/Member wish to renew his/her/their membership after the expiry of the renewal date 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 new/signing up “Member” freely agrees to be bound by and or Governed by the hereinabove and 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/Member. 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/Member purports to apply under any other agreement, purchase order, confirmation of order, specification or other documents). 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/Member, and any members of The Applicant/Members group, and accordingly, The Applicant/Member acknowledges and agrees that The Applicant/Member shall ensure that all members of The Applicant(/Members party/group are members of NEC PMC and that these Members / New Members are aware of and accept their obligations under these Rules and Regulations, Terms and Conditions. No variation to these Rules and Regulations / Terms and Conditions shall be binding on the Company / Equestrian Centre / Club, unless agreed in writing by The Company / Equestrian Centre / Club prior to any issue pertaining to same arising. Any typographical, clerical or any 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 in order 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 inter alia. Any proposed changes will be notified in writing to all Members prior to any changes being made. Any member who does not accept/agree with any proposed changes may terminate their membership by providing 30 days notice and settling any/all accounts.
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 any/all members whom are 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 all members are safe, and that all applicant(s)/member(s) 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/Member must comply with all safety guidelines and instructions given by the Company/Equestrian Centre / Club and or its staff.
3. The Applicant/Member and or parents/guardians confirm, warrant and guarantee’s to the Company/Equestrian Centre/Club that he/she/they and or members whom they are responsible for is/are a competent rider and that there is No known reason(s) Medical or otherwise which could/would prevent him/her/them from engaging in the entirety of the equine activities available on and or around the premises of the Company/Equestrian Centre/Club.
4. Every Applicant/Member must to be able to see similar distances to those required to drive a car in order to be able to complete the cross country and or hacking 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/Member or any other person as a consequence of any negligence or wrongful act and or failure to use/apply common sense to any particular situation on the part of the Applicant/Member or any other member/person.
5. The Applicant/Member agrees to honour/adhere to, and be bound by, the entirety of the herein Agreement the herein Rules and Regulations, 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/Member accepts 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/Member can/may exclusively pre-book services/facilities for an hourly fee inter alia in advance and by acceptance and agreement and confirmation in writing by the Equestrian Centre/Club.
6. The Applicant/Member agrees/accepts and acknowledges the fact that the Equestrian Centre is a Private Members Club. Where he/she is irrevocably bound by the Clubs rules and regulations / Terms and Conditions while the Applicant/Members membership is valid.
7. The Applicant/Member accepts and agrees that all family members and or friends (Adults and Children) wishing to attend NEC PMC, MUST be actual Members of Nenagh Equestrian Centre Private Members Club., Should the Applicant/Member wish/intend to bring family members and or friends with him/her/them the Applicant/Member undertakes to ensure that any/all family members and or friends whom are Not currently members, become Members of the Equestrian Centre/Club prior to arrival at the Club and failing same immediately upon arrival, either as Spectators or Riders and prior to moving about the premises in any context whatsoever.
8. The Applicant/Member accepts, agrees and undertakes to Never mount and or ride his/her/their Horse(s) and or chosen/appointed 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 lessons/riding fees) are paid by him/her/them in full prior to engaging in any lesson(s) and or riding experience(s) whatsoever. The Applicant/Member further accepts and agrees that there is NO exception to this rule / regulation, term/condition or any of the herein rules & regulations, 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 immediately leave the premises where an investigation into the matter will be conducted, where any member responsible for causing non-members to be on the premises of NEC PMC in the absence of valid membership(s) may have their membership(s) terminated.
9. The Applicant/Member accepts and agrees and undertakes that all persons signing/executing the herein agreement in writing and or electronically, 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/Member upon executing the herein Agreement for and or on behalf of themselves and any/all Minor(s) confirm 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/Member has adequate Insurance(s) in place to cover the entirety of All risks inter alia associated with equine activities inter alia which the Applicant/Member and or any/all minors in their care may/will be engaging in.
10. The Applicant/Member agrees that the Company/Equestrian Centre/Club can immediately terminate the herein Membership Agreement as a consequence of the Applicant/Member 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/additions 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/Member agrees to be bound by any New Rule(s)/Regulation(s)/Terms/Conditions passed/made by the Company/Equestrian Centre/Club, where any New Rule(s)/Regulation(s) will be posted on the Company/Equestrian Centre/Club’s Website (www.necpmc.ie); and or on the “Nenagh Equestrian Centre” Social Media page(s) and in the main Office of the Company/Equestrian Centre/Club. All members will also be immediately notified of any New Rules/Regulation(s) by E-mail and or Text message prior to same coming into existence. 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/Member agrees to Not become involved in any context whatsoever in any form of direct and or indirect abuse(s) of any nature whatsoever, of any other member(s) and or potential member(s) and or any other person(s) whomsoever 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 whatsoever, and or any similar abuse(s) of the Companies/Equestrian Centre’s/Clubs Employees/Staff inter alia.
13. The Applicant/Member agrees 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 immediately become a Member(s) of the Equestrian Centre/Club where The Applicant/Member further agrees 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. It must be noted that the preferred method is that any person who is not a member of NEC PMC ought to register as a member on the Equestrian Centre’s website www.necpmc.ie prior to attending the premises of Nenagh Equestrian Centre Private Members Club.
14. The Applicant/Member agrees to ensure that ANY individual(s) whom attend(s) with the Applicant/Member 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/Member further agrees 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/Member fully agrees to indemnify the Company/Equestrian Centre/Club entirely in relation to said individual(s) and or his/her/their acts inter alia. The Applicant/Member fully accept(s) negligence 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 their property and or the Equestrian Centre/Club premises and or property, and or the club’s staff inter alia.
16. All Applicant(s)/Member(s) engaging in Equine Activities 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). There are No Exceptions to this requirement (Rule/Regulation, Term & Condition). 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 Nenagh Equestrian Centre Private Members 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, and an outrageous failure to apply/use common sense on the part of any/all Applicant(s)/Member(s) involved, where any/all liability rests with said Applicant(s)/Member(s).
17. All Applicant(s)/Member(s) are required to wear properly fitting Back Protector(s) at all material times while riding/engaging in any/all equine activities whatsoever, there are no exceptions to this requirement (Rule/Regulation, Term & Condition). Likewise all Applicant(s)/Members must 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, and an outrageous failure to apply/use common sense on the part of any/all Applicant(s)/Member(s) involved, where any/all liability rests with said Applicant(s)/Member(s).
18. The Applicant/Member agrees and accepts that Nenagh Equestrian Centre Private Members Club does NOT offer and or provide individual supervision of/for any individual Member and or their Horse(s) in any context whatsoever and or under any circumstances whatsoever, wherefore ALL members attending with their own horse(s) must ride/handle/maintain inter alia their Horse(s) in the absence of any assistance and or input from Nenagh Equestrian Centre Private Members Club and or its staff, and that this arrangement is completely acceptable to the Applicant/Member whom undertake(s) that prior to riding / jumping on any/all of the Cross Country Tracks, Arena’s inter alia that he/she/they are responsible for and therefore agree to check and make himself/herself/themselves critically aware of the actual direction of travel on said Cross Country Tracks on any given day, where the direction of travel can vary depending upon the activities scheduled for any given day. In the interests of health and safety inter alia all 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/Member must at all material times while riding his/her/their appointed horse(s) and or their own 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/in the Course(s)/Track(s)/Arena(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 the Equestrian Centre/Club horses and indeed Members horse(s). The Applicant/Member further accepts and confirms 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/Nenagh Equestrian Centre Private Members Club’s property, and that reasonable respect must afforded to all Rider(s)/Horse(s) by all Applicants/Members.
20. The Applicant/Member accepts and agrees and undertakes 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 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 are NOT permitted to ride/roam the equestrian centre unsupervised under any circumstances whatsoever. Wherefore any failure whatsoever on the part of the Applicant/Member pertaining to the reasonable care/supervision of any/all children (Under 18’s “minor(s)”) in his/her/their company and or under his/her/their care/supervision 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/Member must pay all necessary attention while riding/traveling/passing through from one cross country course/field/arena/road inter alia to another cross country course/field/arena/road inter alia. YOU MUST listen to and respect any instructor/competent person on the ground who is there to 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 seeking to do the same as you at the same time, where you are attempting to ride/travel/pass through from one cross country course/field/arena/road inter alia to another cross country course/field/arena/road inter alia. In the unusual event that there is NO instructor/competent person available/present at the material time 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/Member accepts and agrees and undertakes 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/Member accepts, agrees and undertakes to NEVER run through and or Jump through any area of any track/course/arena whatsoever where there is/are other member(s) present, regardless of how slow inter alia this/these member(s) are traveling. Permission must be sought and obtained prior to overtaking/passing through inter alia, where the Applicant/Member 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/Member accepts and agrees and undertakes that he/she/they must while riding/jumping communicate with other members where necessary and or prudent, to avoid physical contact with any other member and or their horse, 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/Arenas inter alia under any circumstances. Cross Country courses/Tracks/Arenas inter alia 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 Cross Country courses/tracks/Arena’s inter alia. 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 Car Park or anywhere on the Equestrian Centre/Club’s property. Wherefore ANY/ALL Horse(s) MUST be adequately supervised by it’s rider 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/Member understands, agrees and accepts 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 other reason(s) whatsoever without prior Notice to the Applicant/Member.
25. In relation to Circumstances Beyond NEC PMC’s Control, The Applicant/Member fully accepts 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.
26. The Applicant/Member understands, agrees and accepts that the Equestrian Centre/Club is for Members and in some instances Members and their Horses, ONLY. Wherefore the Applicant/Member further understands, agrees, accepts and undertakes 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 and or (other animals) ALLOWED on the Equestrian Centre/Club’s premises.
27. For the avoidance of All Doubt and for Extreme Clarity, Nenagh Equestrian Centre Private Members Club and or its employee’s inter alia have nothing whatsoever against these pets/animals, and in many instances have pets of our 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 upwards, Horses are notorious “spookers” where the mere sight of any friendly “pet” may “spook” the best of horses who simply are not familiar with said “pet”, 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 inexperienced riders, spectators of all ages, and likewise Horses of various ages whom are not familiar with other members “pets/animals” 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. 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/Spectators/Horses, any failure to observe same may lead to the immediate termination of the herein Agreement/Membership inter alia, and 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 pertaining to any incident(s) involving Members pets/animals rests with said Applicant(s)/Member(s).
28. The Applicant/Member understands, agrees and accepts that drinking Alcohol and or consuming drugs inter alia is Strictly prohibited on the Equestrian Centre/Club’s premises. The Applicant/Member further understands, agrees and accepts 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 the Applicant/Member undertakes to Not engage in consuming Alcohol and or drugs in any context whatsoever under any circumstances whatsoever while on the Equestrian Centre/Club premises, and or prior to attending the Equestrian Centre/Club’s premises with the intent of engaging in Equestrian activities whether as a rider or spectator..
29. 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 on the Equestrian Centre/Club’s premises for a minimum of 24 hours thereafter, as mixing the consumption of Alcohol inter alia with Horse riding inter alia is not prudent and displays a lack of common sense. Inebriants and Equestrian activities are Not compatible, and therefore unacceptable and prohibited.
30. The Applicant/Member understands, agrees and accepts that the Equestrian Centre/Club is a Smoke Free premises (Smoking and or Vaping inter alia) where Smoking/vaping inter alia is strictly prohibited. There are fire risks associated with bedding and feeds inter alia which are in regular daily use throughout the premises, wherefore Smoking and Vaping are unacceptable risks and are therefore strictly prohibited. Smoking/Vaping is tolerated in the Car Park ONLY, BUT Not in close proximity to the entrance(s) to either the car park and or the buildings/Livery areas.
31. The Applicant/Member understands, agrees and accepts that the Company/Equestrian Centre/Club can require the/any Applicants/Members to remove from the Equestrian Centre/Club’s premises any unruly person(s)/member(s) in their company, and or unruly/unsafe Horse(s). This is in the best interests of the Health and Safety of ALL Members and or their Horses.
32. The Applicant/Member understands, agrees and accepts 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/Member. 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 completion of said Investigation.
33. The Applicant/Member understands, agrees, accepts and undertakes 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 or not, and which are not expressly provided for within the herein Agreement/Rules Regulations Terms and Conditions. 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.
34. The Applicant/Member understands, agrees and accepts that the Company/Equestrian Centre/Club takes all necessary and reasonable care to ensure the Equestrian Centre/Club is Safe for All Members, and or their Horses, and the Applicant/Member undertakes to cooperate fully with the Company/Equestrian Centre/Club in all reasonable matter(s) inter alia by observing, checking and reporting of any/all accident(s)/injury witnessed, and any damage/maintenance issues observed 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. This is 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 and horses inter alia.
35. The Applicant/Member understands, agrees and accepts that the equine activities he/she/they intend(s) to partake/engage in at Nenagh Equestrian Centre Private Members 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/Member 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 Applicants/Members 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 Agreement/Membership application the applicant/member confirms that he/she/they has/have said and adequate Insurance in place, which he/she/they will solely rely upon in the event of any accident/injury inter alia. The Applicant/Member will not attempt to rely upon, use and or claim from any Insurance policy held by the Equestrian Centre/Club. The Applicant confirms that he/she/they has/have read, and understood this/these Rules / Regulations, Terms and Conditions of the Equestrian Centre/Club prior to executing same, and is in full agreement with same and agrees to be bound by same, similar to all other Rules / Regulations, Terms and Conditions.
36. The Applicant/Member understands, agrees and accepts 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 and or any other part of the Equestrian Centre/Club’s premises 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/Member 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/Member 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 or the Equestrian Centre’s Horses 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 Agreement/Membership application/registration the applicant/member confirms that he/she/they has/have said and adequate Insurance in place, which he/she/they will solely rely upon in the event of any accident/injury inter alia. The Applicant/Member will not attempt to rely upon, use and or claim from any Insurance policy held by the Equestrian Centre/Club. The Applicant confirms that he/she/they has/have read, and understood this/these Rules / Regulations, Terms and Conditions of the Equestrian Centre/Club prior to executing same, and is in full agreement with same and agrees to be bound by same, similar to all other Rules / Regulations, Terms and Conditions.
37. The Applicant/Member understands, agrees and accepts 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, their own horse(s) and or Riding/Leading/Jumping NEC PMC’s horses 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, and or the Equestrian Centre/Club’s horses and or 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 Agreement/Membership application the applicant/member confirms that he/she/they has/have said and adequate Insurance in place, which he/she/they will solely rely upon in the event of any accident/injury/damage/loss inter alia. The Applicant/Member will not attempt to rely upon, use and or claim from any Insurance policy held by the Equestrian Centre/Club. The Applicant confirms that he/she/they has/have read, and understood this/theese Rules / Regulations, Terms and Conditions of the Equestrian Centre/Club prior to executing same, and is in full agreement with same and agrees to be bound by same, similar to all other Rules / Regulations, Terms and Conditions.
38. The Applicant/Member understands, agrees and accepts that the use of Mobile Phones/Camera’s inter alia while mounted/riding/leading 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/Member undertakes 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/Member accepts 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. All Members consent to the use of any/all images taken on the Equestrian Centre/Club’s premises by the Equestrian Centre/Club. The Equestrian Centre/Club also undertakes to not publish/use photographs/videos which would/could be deemed inappropriate by a reasonable person.
39. The Applicant/Member understands, agrees and accepts 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/Member undertakes to refrain from using “Drones” and or any other flying apparatus inter alia over any section of the Equestrian Centre/Club premises.
40. The Applicant/Member understands, agrees and accepts 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/Member undertakes 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 have said adequate Insurance in place to cover any/all such Injury/damage/loss, which he/she/they will solely rely upon in the event of any accident/injury/damage/loss inter alia. The Applicant/Member will not attempt to rely upon, use and or claim from any Insurance policy held by the Equestrian Centre/Club. The Applicant confirms that he/she/they has/have read, and understood this/theese Rules / Regulations, Terms and Conditions of the Equestrian Centre/Club prior to executing same, and is in full agreement with same and agrees to be bound by same, similar to all other Rules / Regulations, Terms and Conditions.
41. The Applicant/Member understands, agrees and accepts 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/Member 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 Applicants/Members horse(s) will be mixing with and using the same facilities inter alia as other horses. By executing the herein Agreement the Applicant/Member confirms 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, and the Equestrian Centre/Club’s horses
42. The Applicant/Member understands, agrees and accepts that there is substantial yet 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 Member(s) and is/are engaging in equine activities on the premises. The Applicant/Member further accepts and understands that on occasion the car park may fill, wherefore the Applicant/Member undertakes 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/Member is/will not be physically on the premises, without the prior express written permission of the Company/Equestrian Centre/Club.
43. The Applicant/Member understands, agrees and accepts that any/all parking of vehicles is entirely at the owners own risk. Furthermore unauthorised parking/leaving of any vehicle(s) on NEC PMC property will incur a penalty parking fee of €30.00 per day (24 hours 00:00 to 23:59) 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 vehicle owners/Applicant/Members 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 causing obstruction and or abandoned vehicles may be (re)moved by any means whatsoever without prior notice to the vehicle owner(s). (An Abandoned vehicle is a vehicle which has been left on the Equestrian Centre/Club’s property for more than seventy two (36) hours without the express written permission of the Equestrian Centre/Club) Any member believed with good reason to have interfered with another members vehicle and or property will have their membership suspended, until a comprehensive investigation is completed, upon completion of said investigation said members membership will either be reinstated and or terminated.
44. The Applicant/Member understands, agrees and accepts that there are several Viruses/illnesses, 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/Member undertakes 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/Member with cold/flu/covid like symptoms undertakes 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.
45. The Applicant/Member understands, agrees and accepts that there are bathroom facilities on site and that same are located at/in the front Office/Canteen area of the Indoor Arena 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/Member undertakes 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/Member undertakes 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. ALL BATHROOMS SHOULD BE LEFT IN THE CONDITION YOU WOULD EXPECT TO FIND THEM IN.
46. The Applicant/Member understands, agrees and accepts 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 Equestrian Centre/Club is Not permitted. Wherefore the Applicant/Member undertakes 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 Equestrian Centre/Club. This is in the best interests of the health, safety and wellbeing of our Horses, and the health and safety of all members of the Equestrian Centre/Club.
47. The Company/Nenagh Equestrian Centre Private Members Club operates a strict Privacy Policy / 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 as amended. We will process your personal information in accordance with the Data Protection Act 1988 as amended, 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/text or post in relation to your Membership and or changes to the herein terms and conditions / rules and regulations of NEC PMC. We may also use your information to send you e-news and/or marketing materials (including information about future events). You can exercise your right to opt out of receiving such e-news and/or marketing materials at any time by contacting us by email “info@necpmc.ie” or by any other means of contact as displayed on our website “www.necpmc.ie”. There is also an “unsubscribe” link in any/all of our marketing emails where you can easily unsubscribe. All/any 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 as amended. 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@necpmc.ie”. 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@necpmc.ie” and or visit our website “www.necpmc.ie” The Company / Equestrian Centre/Club will promptly correct any information which is found to be incorrect.
48. 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.
49. The Applicant/Member understands, agrees and accepts that if any of these Rules and Regulations, Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by a competent court having the necessary jurisdiction, 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.
50. The Applicant/Member confirms that prior to becoming a Member of Nenagh Equestrian Centre Private Members Club (NEC PMC) that he/she was asked/required by management of NEC PMC to inspect the facilities of the Club to ensure that same are at minimum in line with his/her expectations particularly in relation to “risk” and “health & safety” inter alia, where the Applicant/Member 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/Member 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 and the Equestrian Centre/Clubs horses. ALL parties to the herein accept and acknowledge that the Applicant/Member is Not a qualified inspector 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 considering the dangers associated with and involved in equestrian activities. The Applicant/Member confirm(s) the validity and truthfulness of the herein (Point 50) upon execution of the herein Agreement.
51. The Applicant/Member understands, agrees and accepts 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/Member 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/Member confirms 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 & conditions/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 the Applicant/Member confirms same by executing the herein document/Agreement.
52. The Applicant/Member understands, agrees and accepts that he/she/they is/are bound by the entirety of the herein document/Agreement and the Registration form and indemnity agreement as set out hereinabove, 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 inter alia. Notwithstanding same by digitally executing the herein Agreement the Applicant/Member confirms that he/she/they either sought legal advice pertaining to same and or that he/she/they 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.
53. The herein and associated documents are strictly “PRIVATE AND CONFIDENTIAL” No unauthorised copying and or reproduction and or use and or partial use of any of the content contained herein is permitted, in fact same is strictly prohibited without the express permission of the author of same.
By executing the herein digital agreement, by completing the become a member / Register as a Member process on the Equestrian Centre/Club’s Website “www.necpmc.ie” and paying the required membership fee the Applicant/Member undertakes to email a copy of his/her/their “photographic ID” (Valid Driving License/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 Members whom are a child/children/Minor(s)/Under 18’s within the herein document / Agreement and acknowledged to The Company Equestrian Centre/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).
IN WITNESS WHEREOF, each party/applicant/member whom digitally executes the herein agreement by registering as a Member on the Company/ Equestrian Centre/Club’s Website “www.necpmc.ie” 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.