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The parties
The Equestrian centre mentioned on this form, hereinafter: instructor, and the customer, described at the front of this form; have concluded with each other a lesson agreement, which is governed by the following terms and conditions and stipulations.
Article 1: Content of the instruction agreement
By or on behalf of the instructor, instruction is given to the customer. This instruction concerns learning to ride on horses of the instructor / own horse, or the improvement of the riding abilities. Under the instruction is also understood the independently bringing to execution by the customer under supervision of the instructed.
The instruction takes place in an indoor or outdoor riding track or during outdoor rides.
Article 2: Duration
1. This instruction agreement starts on the date of signing for the duration of the lesson subscription chosen on the front of this instruction agreement and shall, without prior written cancellation by (one of) the parties, each time be extended tacitly for the same period (or if in the meantime has been opted for another lesson subscription, for that other period) extended.
2. Cancellation must take place in writing in compliance with a notice period of one month.
Article 3: Obligations instructor
1. The instructor that provides group or individual lessons, has at least a diploma that gives the authority to the independent giving of instruction, acknowledged by the Stichting Veilige Paardensport.
2. The instructor shall ensure, that on its enterprise and during instructions on another location, the safety prescriptions, such as prescribed by the FNRS, will be applied and complied with.
Article 4: Obligations customer and code of conduct
1. The customer is obliged at the conclusion of this instruction agreement to conclude a membership KNHS, whether or not in combination with the rider passport, if he/she rides on a horse of the instructor.
2. The customer is obliged to comply with the safety prescriptions and code of conduct set by the instructor. These rules have been recorded in the regulations of the instructor. The customer is also responsible for, that his family members and visitors comply with these prescriptions.
3. The instructor has handed over at the conclusion of the instruction agreement a copy of the regulations to the customer. The customer has received a copy hereof and has initialled it for approval. The regulations will be attached to the instruction agreement and form part of this instruction agreement.
4. The instructor is permitted to change the aforementioned regulations in-between. Changes shall be made known each time in writing to the customer.
Article 5: KNHS membership and insurance
1. To the possession of the KNHS membership, whether or not in combination with the rider passport, is connected among others a collective accident insurance with limited cover and distribution.
2. The collective accident insurance offers cover for damage that relates directly to this instruction agreement. The insurance is however no substitute for the individual accident insurance with a continuous cover.
3. Further information about the terms and conditions and the scope of the cover of the insurance(s) can be found on www.knhs.nl/membership.
Article 6: Lesson fee and payment
1. For the instruction is a price agreed as stated on the other side of this contract. The instructor is authorised to annually - without concluding a new instruction agreement to modify the prices for lessons in accordance with article 5 of the General Terms and Conditions.
2. The payment of the lesson fee takes place by advance payment and so no later than before the start of the period over which the lesson fee is due, by transfer into a bank account to be stated by the instructor, or by cash payment to the instructor, or by direct debit.
3. When lessons cannot take place, for whichever reason, for instance, but not solely, an epidemic which beings along health risks for the horses, then refunding of the agreed lesson (subscription) is not possible and the customer remains liable to pay for the lessons, during the period agreed in article 2.1, unless agreed otherwise. If the horses are the property of the equestrian centre, then the instructor is at all times authorised to determine whether lessons can take place.
Article 7: Liability
1. The instructor is not required to any compensation of indirect damage, including, consequential damage, missed profit, missed savings and damage by enterprise stagnation.
2. The instructor is with regard to the customer not liable for damage that has emerged as a consequence of the non-compliance by the customer of safety prescriptions, or the not complying with directions in that framework of or on behalf of the instructor.
3. The instructor is only liable for direct damage of the customer if it is demonstrable that this damage has emerged by acts of the instructor or his subordinates, that are in violation of the carefulness that must be observed in the framework of the conduct of enterprise by the instructor, or is the consequence of wilful intent or conscious recklessness of the instructor and his subordinates.
4. The liability of the instructor for direct costs and damage, is at all times limited to the amount for which the instructor can reasonably insure himself and for which actual cover can be provided.
5. This amount will be reduced with the amount that will be paid out by the collective accident insurance with limited cover and distribution that is linked to the possession of the KNHS membership in combination with the rider passport of the customer.
Article 8: Risk-acceptation
1. The customer is aware of and accepts the risk that is inherent to the riding of and the dealing with horses, which risk derives from the own energy of the animal and the unpredictability related therewith and which risk can manifest itself prior to, during and after the end of the instruction.
2. The customer that takes part in horse riding lessons, outdoor rides, rider camps and/or other organised activities or rides under guidance or independently, a horse of the instructor, guides it, trains it, saddles it and unsaddles it, cares for it or remains on the terrain and/or in the stables of the instructor, the one and the other in the broadest sense of the word, declares that he/she is explicitly familiar with the unpredictable behaviour of horses. If for him/her from the unpredictable behaviour of a horse, damage derives, then this risk shall (partially) come for the account of customer. Except for the damage that falls under article 5 of this instruction agreement, the instructor is at all times only then required to compensate the direct damage up to a maximum of the amount for which he can reasonably insure himself for such damage causing events and for which actually cover has been provided..
Article 9: Minority of age, permission parents/legal guardian
The undersigned agree with the stipulations in this contract, now for the conclusion of the present agreement, because of the minority of age of the customer, the permission of the parents or the legal representatives is required.
Article 10: Processing personal data
The personal data that are stated on the instruction agreement shall be processed in a persons registration by the equestrian centre as responsible in the sense of the Dutch Law Wet Bescherming Persoonsgegevens. On the basis of this processing, the equestrian centre and KNHS can give execution to this instruction agreement, give the rider optimal service and up-to-date information and present the rider with personalised offers. The personal data can also be passed on to court bailiffs, if there is an instance of payment default. The rider can request for insight and correction with regard to the processed personal data and post an objection. If it concerns direct mailing, then the objection shall at all times be honoured.
For approval and having seen
Applicable to all legal relations that the instructor concludes in the framework of his enterprise, are the General Terms and Conditions of FNRS for the benefit of its embers and KNHS. By signing of this instruction agreement, the customer declares that he has taken knowledge of the applicable General Terms and Conditions, that he has received these and he knows the tenor of these General Terms and Conditions, and that he is especially aware of the (liability) risks that are connected to these General Terms and Conditions..