DECCAN RANCH EQUESTRIAN ACADEMY - ANNEXURES
TERMS AND CONDITIONS – (Annexure–I)
M/s. Rancho De Caballos (hereinafter referred to as the “Ranch”) is a Ranch owned and managed by M/s. DECCAN RANCH EQUESTRIAN ACADEMY LLP (Hereinafter “DREA”). DREA rendering services of Equestrain Training, Stable Maintenance (including Horse Boarding Services in stable), Hospitality Services, Event Management Services and Other allied activities to Rancher[1].
1. DREA is, empowered to manage the affairs of The Ranch/Stable[2] and appoint such managerial personnel including but not limited to managers/officers/executives at its sole discretion for day-to-day functioning of The Ranch. DREA reserves the right to change the name of The Ranch as may be considered necessary and deemed expedient from time to time. Rancher is subjected to payment a Fee as detailed in Annexure-II in furtherance to rendering of any services as detailed supra by the Ranch.
2. Subject to discretion and approval of DREA, any Applicant[3] being granted Ranchership, whereby such Ranchership could be granted, declined or refused at the sole discretion of the DREA without giving any reasons for the same. Decision of the DREA for grant of Ranchership shall be final and binding upon the Applicant. Ranchership of The Ranch is not transferable and is merely a license to a person to use the Ranch facilities in accordance with the Terms & Conditions and Rules & Regulations of Ranch as may be in force from time to time. Applicant seeking Ranchership of the Ranch are requested to carefully read the Rules & Regulations of the Ranch pertaining to the grant of Ranchership and usage of the Ranch facilities etc,. Once the completed Application Form is received from the Applicant, it would be deemed that Applicant has fully read and understood Rules & Regulations of the Ranch and shall abide by the same. In the event the Applicant is a body corporate, registered
[1] Applicant accepted by DREA
[2] Place were Horse are Boarded
[3] Person applied to become a Rancher with DREA
Company, partnership firm etc., seeking Ranchership of the Ranch, the Application Form by such bodies/ entities shall be accompanied by the certified true copies of constitutional documents and a valid resolution authorizing individuals for seeking and applying for Ranchership of the Ranch.
3. Terms & Conditions and Rules & Regulations of The Ranch are merely indicative and are not exhaustive in nature and may be amended by DREA from time to time without any prior notice to the Rancher and the same shall be binding on all.
4. DREA reserves the right to bifurcate or curtail the area of The Ranch and/or curtail or add facilities and/or to shift The Ranch from its present site/ location/premises to any other site/location/premises. DREA shall have the absolute right to restrict and/ or withdraw usage of any existing facility/ service offered by the Ranch or to add new facilities/ services as may be decided by DREA at its sole discretion from time to time in future.
5. OWNERSHIP OF/AUTHORITY OVER HORSE:
a. DREA holds Ownership of/Authority over Horses’ of DREA.
b. And if any Horse is Owned by Rancher (hereinafter referred to as Owner Rancher), and such Owner Rancher agreed to avail facilities of Stable with DREA, in that case Owner Rancher represents and warrants to be Owner on record of Horse, or that they have express authority of the owner on record to enter into this Agreement and to house Horse with Stable. (Costing and Boarding services towards such Horse shall be subject to policy as detailed in Annexure-IV). Rancher Agrees to provide Ownership Documents while utilizing stable services along with Application.
6. ELIGIBILITY FOR RANCHERSHIP:
Each applicant applying for Ranchership of The Ranch shall not be less than 21 years of age and shall submit a filed application in a format prescribed by by DREA. Applicant may be called for an interview/meeting with The Ranch Screening Committee (Screening Committee is Committee consisting of DREA stakeholders, partners or others), and in case the Rancher is found eligible for grant of Ranchership, he/she shall be intimated/ informed in writing (EMAIL or POSTAL) in this regard by DREA. Applicant, on receipt of intimation, should make payment of prescribed deposits/fees/charges etc., within the stipulated period of time, failing which, the offer of Ranchership shall stand revoked, withdrawn and/or cancelled. That in case DREA declines to grant Ranchership to the Applicant, within a period of 6 months from the date of application for any reason whatsoever, the Applicant shall only be entitled to amount paid with the application form without any interest or claim. Applicant shall have no right, claim or interest of whatsoever nature or kind in the Ranch. If the cheque submitted by the Intending Applicant along with the Application form is dishonoured then the application will be deemed to be automatically rejected/cancelled.
7. RANCHERSHIP:
a. The grant of Ranchership of the Ranch shall be at the sole discretion of the DREA for such term as may be mentioned in the Annexures’ applicable from time to time. Further, it is clearly understood by the Rancher to which he/ she agrees that the term of Ranchership could be varied by DREA from time to time at its entire discretion without assigning any reason including curtailment of the term of Ranchership already granted.
b. At the time of admission as a Rancher of The Ranch, the applicant would be required to pay prescribed Fee as detailed in Annexure-II (hereinafter referred to as Ranchership Fee). Rancher is subject to payment of Rs. 12,000/- annual maintenance fees as detailed in Annexure in accordance with the Rules & Regulations. Annual subscription fee shall be paid fully at the onset and valid for a term of 5 [Five] years with subject to Auto renewal after 5 Years. Food and Beverages served on Ranch would be payable as per menu rates in force from time to time by Rancher and also Rancher is required to pay such other charges as may be levied/charged for usage of various other Ranch facilities, recreational activities, games, library or any such other facilities provided etc., as may be prescribed/ determined by the DREA from time to time. It is further made clear that imposition of any Government levy/tax including but not limited to service tax, entertainment tax or any other tax of any kind or by whatever name called, shall also be payable by the Rancher with effect from the date it has been made applicable including from retrospective effect.
c. The Ranch DREA reserves the right and sole authority to revise the Ranchership Fee and other charges as may be specified in the Annexures from time to time, entirely at its sole discretion. Similarly, other charges for usage of various facilities, recreational activities, services and/or menu rates for food and beverages etc., may also be revised by the DREA at any time, at its sole discretion, as may be considered necessary and deemed expedient,. Such revision in fees/ rates shall become effective and binding on the Rancher with effect from the date notified by the DREA.
d. Ranch shall have the sole and absolute right to introduce, establish, add, remove and modify different types of Ranchership and to modify the rules & regulations governing access and guest privileges with respect to The Ranch facilities attached with each type of Ranchership.
e. Rancher shall provide list of Dependents’[1] in Application Form. Rancher shall provide all data relating to Dependents’ at the time of applying for Ranchership. (Dependents shall mean Spouse/ Children). In case of death of Rancher during subsistence of Ranchership, Ranchership shall be transferred to Dependents as per order of preference provided by Rancher in Dependent Declaration Form or any rules & regulations formulated therein.
f. Ranchership granted to Rancher is non-transferable to any other person. Except as otherwise detailed in Dependent Declaration Form.
g. Ranchership to Owner Ranchers shall be granted subject to availability of Stables. (Stables are provided on First Come First Serve basis)
h. JUNIOR RANCHER – Child aged 12 to 15 years is termed as Junior Rancher of the RANCH, subject to condition that during the stay of such Junior Rancher in the RANCH, Junior Rancher shall be accompanied by either Parent or Guardian (details of such Guardians to be provided in Application Form). Junior Rancher shall be provided with all the required equipments and facilities in the RANCH, but Parents and Guardian shall be solely responsible towards caretaking of such Junior Rancher during his/her stay at the premises of Ranch.
i. Rancher agree to adhere to the Anti-Sexual Harassment Policy as detailed in ANNEXURE-IV.
j. Rancher shall be provided with additional benefits or services periodically, subject to condition that such benefits or services shall be updated by Rancher periodically as detailed in ANNEXURE-II (OTHER BENEFITS AND PERKS TO ONLY RANCHERS).
k. Rancher who are found to be in violation of terms of the RANCH shall be referred to a Committee (Committee consisting of DREA stakeholders, partners or others), in case of the decision of the RANCH is to remove Rancher from Ranchership such decision shall stand final against the Rancher.
[1] Dependents are Family Members of Applicant as declared in Dependent Declaration Form
8. RENEWAL OF RANCHERSHIP:
a. Ranchership after initial period of 5 [FIVE] years is subject to auto Renewal. An e-mail or postal communication shall be sent to registered Email address or registered address provided by Rancher in his Application. In case Rancher seek to discontinue being a Rancher he/she has to communicate same within at least fifteen (15) days following receipt of such communication from Ranch, otherwise, it is deemed that Rancher has consented to continue as Rancher and accordingly liable to pay for all such charges or fees applicable.
b. Rancher, however, shall have to clear all or any such outstanding dues payable to DREA, as may be appearing in the records of the Ranch, before the Ranchership is renewed. It is made clear that till such time all overdue payments are cleared/settled by the rancher concerned, the renewal of Ranchership shall not be granted and the rancher shall not be entitled to use the Ranch and/or any of the facilities/services offered by the Ranch after cessation of his/her Ranchership till such time the Ranchership is renewed by DREA in writing.
9. USAGE OF RANCHER FACILITY BY NON-RANCHERS’:
Non Ranchers who are not part of Ranchership Program can also avail services of The Ranch subject to condition payment of Fees. (Note: Ranchership Holders can avail discounted benefits at Associate Partners of DREA). ANNEXURE-II.
10. AUTHORIZATION TO OBTAIN MEDICAL TREATMENT FOR CHILDREN:
DREA is hereby authorized to obtain any and all medical treatment which DREA deems reasonably necessary for children. Parent/Guardian agrees to bear any and all cost connected therewith. DREA shall incur no financial liability for medical treatment obtained pursuant to this authorization.
11. PAYMENT OF DUES AND OTHER CHARGES
a. Rancher shall be required to pay/clear all applicable fees, charges, dues, costs and/ or demands as may have been made, on or before the due date for payment as communicated by RANCH. In case of any loss or damage caused or occasioned to any property of Ranch or caused any injury to any person or third party, or to the guest(s) of any rancher, within Ranch premises on account of any reasons/ actions attributable directly to any Rancher or to the family members of the Rancher, same shall be viewed seriously by DREA, and charges/damages as may be determined by DREA shall be payable by Rancher within such timeframe as may be prescribed by DREA. In case Rancher fails to pay applicable fees, charges, dues, costs and/ or demands by the prescribed date, the outstanding amount shall attract penalty.
b. Notwithstanding anything contained above, DREA shall have the right to recover such charges as mentioned above, from Rancher seeking Ranchership, and if any shortfall remains, the same shall be recoverable by DREA from Rancher by using any mode or method legally prescribed.
12. LIMITATION OF ACTIONS:
Any action or claim brought by Rancher or Junior Rancher against DREA make any claim towards injuries or damages that caused or occurred during usage of the RANCH for breach of this Contract or for loss due to negligence is not enforceable. It is a material inducement for DREA to accept Rancher’s horse(s) that Rancher intends and agrees to this private limitation of actions or Claims. Rancher agrees to hold DREA harmless from any and all claims arising from damage or injury caused by Rancher to anyone and defend DREA from any such claims.
13. INHERENT RISKS AND ASSUMPTIONOF RISK:
guests of Rancher acknowledges that there are inherent risks associated with equine activities such as described below and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine’s reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; usage of any restricted products causing equine to behave in such manner; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability.
14. DRESS CODE:
a. Rancher who want to enter into the RANCH shall follow the dress code as detailed in Annexures’.
b. HELMETS AND SAFETY GEAR: Rancher during his riding of Horse shall wear a riding helmet and utilize other safety gear appropriate to level of experience while on a horse. (As detailed in Rules & Regulations). Rancher acknowledges that there are inherent risks associated with non usage of Helmets and Safety Gear. Rancher shall be solely and personally liable towards such default in adhering to safety gear norms.
15. TERMINATION OF RANCHERSHIP:
Termination means cessation of all Rachership privileges for the balance of the current Ranchership year, without possibility of reinstatement in the same year. Termination of Ranchership is as detailed below:
a. Voluntary Termination – Withdrawal/ Relinquishment of Ranchership – Rancher may decide to relinquish his/her Ranchership from Ranch at any time by giving 30 (thirty) days’ prior written notice to DREA and shall settle/pay all charges/dues attributable to his/her account till the date of such relinquishment, if finally accepted by DREA.
b. Involuntary Termination/Suspension
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- DREA reserves the right to terminate Ranchership of any rancher with immediate effect, at its sole discretion amongst one or more of the following grounds:
- On failure to pay his/ her dues within 15 (fifteen) days of the due date of payment; or
- On breach of any of the provisions of or failing to conduct himself/herself in accordance with the Rachership requirements, Bylaws, policies, regulations or any code of conduct or ethics as the same may exist from time to time; or
- If DREA is of the view, or if at any time it is found and/or otherwise prescribed by any authority and/ or court having jurisdiction, that continuance of such Ranchership and/ or authority of DREA to grant the Ranchership and/ or acceptance by any applicant/ rancher of his/ her Ranchership, is violative of or is likely to violate any provisions of law, rules, regulations or notifications;
- If DREA is of the view that the Rancher has indulged in or is found to be indulging in any unethical, immoral, indecent, aggressive, obscene, violent, criminal, intrusive, threatening, harmful, harassing, undignified, objectionable or any form of unacceptable behavior or has otherwise violated any Rules and Regulations of the Ranch. Provided further that in the event of such termination, the entire amount deposited by the applicant towards interest free security deposit, annual subscription fee, Ranchership fee or any other charges, shall be forfeited;
- If Rancher is found or reported to have committed, abetted, participated, accomplished and/or associated with any criminal activity of any nature whatsoever and/ or otherwise is/ has been subjected to or reported to have been involved in any criminal proceedings whether within or outside the premises of any Ranch(s);
- If Rancher furnishes any wrongful information and/ or makes any misrepresentations in the details furnished along with the Application Form and/ or otherwise in any form to DREA.
- Decision of DREA shall be final and binding in this regard on all concerned. In the event of termination for any Rancher by DREA for any reason specified above, Rancher specifically agrees that he/she would not be entitled to claim any compensation, damage, charges, costs, loss etc. or pursue any action/ remedy DREA on any ground whatsoever.
- Involuntary Termination – Death
- DREA reserves the right to terminate Ranchership of any rancher with immediate effect, at its sole discretion amongst one or more of the following grounds:
In the event of death of a Rancher, the surviving Dependent as detailed in Dependent Declaration Form may apply within three months from the date of death of the rancher to become Rancher, and shall make payment of all charges accrued to or incurred by the deceased rancher, failing which the Ranchership of the deceased rancher shall be deemed to have lapsed with effect from the date of receipt of written intimation of death of the rancher by DREA, any charges payable to DREA by deceased to be paid by Dependants thereafter only Ranchership of Dependents shall commence. In case there are any outstanding dues and/ or demands DREA is empowered to recover such outstanding dues from Dependents.
16. LOSS OR DESTRUCTION OF PROPERTY OR INSTANCES OF PERSONAL INJURY:
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- Every Rancher shall be solely responsible for his dependants and guests.
- Every Rancher, his/her dependants and Guests assume their respective responsibility of their personal and other belongings. The Ranch shall not be responsible for any loss or damage to any personal belongings/goods of Rancher including but not limited to equipment of Rancher, dependants or the Guest used or stored in the premises of The Ranch, if any.
- Ranch facilities involve usage of specialized equipment and Rancher and their guests are deemed to have up to date knowledge of the use of such equipment. In the event of any accident, injury, loss or damage to Rancher due to any reason whatsoever, DREA shall not be held responsible/liable for the same.
- It shall be incumbent upon each and every Rancher to maintain peace, harmony, discipline and decorum within DREA premises as well as mutual respect and display dignity of each and every Rancher. Rancher shall not indulge in any unethical, immoral, indecent, aggressive, obscene, violent, criminal, intrusive, threatening, harmful, harassing, undignified, objectionable or any form of unacceptable behavior or act subversive of discipline and/ or otherwise violate any Rules & Regulations of DREA in any manner in or around DREA premises. Rancher shall carry out only permitted and lawful activities within DREA premises. No dangerous, obnoxious, inflammable or offensive substance and/ or weapons[1] will be brought inside DREA premises by Rancher and/ or his/ her family or guests.
- DREA shall recover all losses in full incurred due to damage caused by Rancher or their dependants/guests to the DREA’s property, furniture, fittings and equipment etc. and every applicant/rancher shall keep DREA, DREA, its Directors, Managers, employees, officers and representatives and its joint venture, associates and affiliates however connected with the development, operation, maintenance and upkeep of the Ranch fully indemnified against all or any losses, actions, liabilities, expenses, claims or damages whether by way of costs, charges, expenses, litigation penalty or howsoever sustained or incurred by them in this regard.
[1] Weapons are restricted in premises, subject to condition of adhering to Policy of Weapons.
17. RIGHT OF THE RANCH TO HIRE INDIVIDUAL FACILITIES TO NON-RANCHER/OUTSIDERS:
DREA shall have absolute right and authority to hire out or make use of any or all facilities of Ranch for any period as DREA in its sole discretion may decide for use of non-Rancher. During the period of use of Ranch facilities by such non-Rancher, DREA reserves the absolute right and authority to restrict Rancher from using such hired out facilities.
18. RIGHT TO MAKE ADDITIONAL CONSTRUCTIONS:
DREA shall have absolute right to renovate, remodel, change, landscape, repair or improvise any of the existing/new structure within the premises of Ranch. It shall also have the right to add and/or remove any structure within/outside/adjucent to Ranch premises, as may be considered necessary and deemed expedient from time to time and the rancher(s) agree and undertakes not to object to the DREA towards development, construction or any such continuing activity with the purpose of construction as aforesaid or raise any claim or withhold the payment of Ranch and other charges as and when demanded by DREA on the ground that the infrastructure required for the Ranch is not yet complete.
19. AMENDMENT TO RULES AND REGULATIONS:
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- DREA may, at its sole discretion, amend/modify the Rules & Regulations or make any special rules for special occasions, as may be considered expedient and deemed necessary, from time to time.
- Rancher shall observe all the Rules & Regulations, the amendments thereto and the special rules, if any, as may be in force from time to time. The amendments/ modifications in the Rules & Regulations and the special rules, if any, shall become effective and applicable from the date notified by DREA. The Rules & Regulations shall remain displayed on the Notice Board from time to time.
20. SWIMMING, GYMNASIUM & OTHER FACILITIES:
- Use of pool sports, gymnasium facilities or any such other facilites at any time shall be solely at the user’s own risk. He/She may do so under clearance from his/her doctor and adhere to medical advice, if any.
- There is a separate Pool for children called “Kids Pool”. The children under twelve years of age are permitted to use the facilities of the Pool only if accompanied and supervised by an adult who himself knows swimming.
- All swimmers must wear suitable swimming costumes. Infants must wear water-proof swimming diapers and/or life saving jackets.
21. EVENT MANAGEMENT OR HOSPITALITY SERVICES:
DREA agrees to provide facilities of Event Management to all its Rancher as per prior intimation and approval of DREA as per the Terms & Conditions provided herein. And also DREA agree to provide Hospitality Services[1] in consideration with Rules & Regulations and Terms and Conditions of DREA.
[1] As detailed in Hospitality Services Annexure.
22. ARBITRATION:
All disputes arising out of or touching upon the Rules & Regulations and other terms and conditions of Ranchership including the interpretation and validity thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussions failing which the same shall be settled through arbitration. Arbitration proceedings shall be governed by Arbitration & Conciliation Act, 1996 or any statutory amendments/modifications thereof for the time being in force. Arbitration proceedings shall be held at the office of DREA at Hyderabad by a sole arbitrator who shall be appointed by DREA who can also be one of its employees. Arbitral proceedings shall be conducted in English language only. Rancher hereby confirms that he/she shall have no objection to this appointment. Reasoned decision of the arbitral tribunal constituted in accordance with the provisions of this clause shall be final and binding on the Parties and may be entered and enforced in any court of competent jurisdiction by either Party. The courts at Hyderabad alone shall have the jurisdiction in all matters.
23. MISCELLANEOUS:
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- DREA shall not be liable for any loss or injury occasioned to an Rancher or his family or Guest while using the facilities of DREA on account of Act of God or accident or accident occurred in the normal course of playing a game or using the facility.
- Rancher hereby consents and agrees that the grant of Ranchership and access to Ranch and/or usage of facilities and services provided by the Ranch and applicability of Rules and Regulations to the Ranchership of The Ranch are for the benefit of Rancher, with a view to bring security and avoid any confusion and to establish harmonious relationship amongst Rancher and DREA. Rancher hereby acknowledges, confirms and agrees that the present Rules and Regulations are reflective of the mutual consent of the respective obligations of the Rancher and DREA with a view to avail/extend facilities offered by the Ranch on inter-se relationship basis, and would be termed more contractual in nature, which may not be read in evidence or interpreted in any manner against DREA in any of the proceedings before any court, consumer courts/forums, competition commission or any other judicial authority or forum of any kind, not specifically named herein.
- Rancher who are non-resident Indians, foreign nationals, expatriates shall solely be responsible for complying with all the necessary statutory formalities of Foreign Exchange Regulation Act, 1999, Reserve Bank of India Act, 1934 and Rules/guidelines made/issued thereunder and all other applicable laws for the time being in force governing the remittance of all payments to The Ranch and all refunds to be made by Ranch. Such Rancher agree to inform Ranch forthwith whenever there is any change in their residential status.
- DREA shall not be held liable or responsible for not performing, any obligation or undertaking provided for in these Rules and Regulations and other terms and conditions if such performance is prevented, delayed or hindered by any Executive or Judicial Order or by an act of God, fire, flood, explosion, war, riot, terrorist acts, sabotage, inability to procure or general shortage of energy, labour, equipment, facilities, materials or supplies, failure of transportation, strikes, lock outs, action of labour unions or any other cause (whether similar or dissimilar to the foregoing) not within the reasonable control of DREA.
- Ranch will not send bills or statement of accounts to any Rancher. It is the duty of the Rancher to check his account with the Ranch office and to pay the dues, if any. If any bills or statement of account, circulars, notices etc. are misplaced in the mail or is delayed in post, DREA shall not be held responsible for the same.
- All payments to Ranch shall be in favour of “DECCAN RANCH EQUESTRIAN ACADEMY LLP” payable at Hyderabad.
- In case of applicants who are non-resident Indians or foreign nationals, the requisite charges shall be paid by a demand draft in foreign exchange or out of the NRI account along with a bank certificate. It shall be the sole responsibility of the Rancher to obtain requisite permission, if any, from the Reserve Bank of India to make any payment to The Ranch.
- There will be no credit facility extended to Rancher. In case of large events the Rancher may have to buy cash coupons sold by the authorized staff of The Ranch.
- Rancher may be permitted to pay for Ranch facilities and other services offered by The Ranch on credit against their Bank Credit Card. However, such total credit shall not exceed “credit limit” as permitted by the bank and DREA of the Ranch. If this limit is exceeded, all Ranch facilities to the Rancher shall be withdrawn forthwith and the Rancher will first be required to pay the entire outstanding to Ranch for resumption of his credit facility.
- It is expected that Rancher, their dependents and guests are dressed in a presentable manner while they make use of the facilities of Ranch in order that discipline and dignity of Ranch is maintained at all times.
- Rancher, dependents and their guests are advised not to bring large sums of money or valuables to Ranch. DREA or Ranch shall not be held responsible for any loss/theft of cash or valuables from the lockers/rooms or otherwise.
- Personal belongings, shoes etc., are not allowed to be left at the locker rooms. Lockers can only be used for the duration of an Rancher’s visit to Ranch. Personal clothing’s are also not allowed to be stored overnight and locker keys must be returned at the reception counter while leaving Ranch.
- Entry of pets is strictly prohibited inside The Ranch premises. Rancher has to adhere to Pet Policy as detailed in Annexures.
DREA reserves the right of admission inside Ranch premises of anyone including but not limited to Rancher or their guests, as may be deemed necessary or considered expedient without specifying any reasons therefor except in areas which are specifically permitted. Attendents/Domestic helps accompanying Rancher will be given separate designated area to sit/wait while Rancher are utilizing Ranch facilities.
24. ENTIRE AGREEMENT.
This contract represents the entire agreement between the parties. No other agreements, promises, or representations, verbal or implied, are included herein unless specifically stated in this written agreement. This contract is made and entered into in Hyderabad, and shall be enforced and interpreted in accordance with the laws of said State in courts of Hyderabad.
RANCHERSHIP FEE & OTHER BENEFITS AND PERKS – ANNEXURE – II
- FEE DETAILS TOWARDS RANCHERSHIP’
- Contact DREA for Membership fee details.
- OTHER BENEFITS AND PERKS TO ONLY RANCHERS’:
Avail discounted services with Associated Partners of the DREA during the subsistence of Ranchership.
(List of Associated Partners shall be provided by DREA Team to Ranchers’ which are subject to Change Periodically)
I agree to following rules of Ranchership Fee & Other Benefits And Perks as listed above:
NAME:
SIGNATURE _________________________
DATE: ________
(Note: Ranchership Fee is subject to periodical revision by DREA).
RISK ACKNOWLEDGMENT – ANNEXURE III
Rancher knowingly, willingly, and voluntarily acknowledge to inherent risks associated with the sport of equestrian and know that horseback riding and related equestrian activities are inherently dangerous, and that participation in any Event involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property (including my mount & equipment) arising out of the unpredictable behavior of horses; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants and horses, natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment (including helmets); inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the DREA Event organizers and competition DREA; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
I agree to following Risk as listed above:
NAME:
SIGNATURE _________________________
DATE: ________
ANTI SEXUAL HARASSMENT POLICY – ANNEXURE VII
- DREA is committed to providing a safe environment for all its employees, ranchers or guests of ranch free from discrimination on any ground and from harassment at work including sexual harassment. DREA will operate a zero tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment.
- All complaints of sexual harassment will be taken seriously and treated with respect and in confidence. No one will be victimised for making such a complaint.
- Definition of Sexual Harassment: Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient. Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples of conduct or behaviour which constitute sexual harassment include, but are not limited to: i. Physical conduct:
- Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching.
- Physical violence, including sexual assault.
- Physical contact, e.g. touching, pinching.
- The use of job-related threats or rewards to solicit sexual favours.
- Verbal conduct:
- Comments on a worker’s appearance, age, private life, etc.
- Sexual comments, stories and jokes
- Sexual advances
- Repeated and unwanted social invitations for dates or physical intimacy
- Insults based on the sex of the worker
- Condescending or paternalistic remarks
- Sending sexually explicit messages (by phone or by email) or Any other.
iii. Non-verbal conduct:
- Display of sexually explicit or suggestive material
- Sexually-suggestive gestures
- Whistling
- Leering
- Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. DREA recognises that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.
- DREA recognises that sexual harassment is a manifestation of power relationships. Anyone, including employees of DREA, Ranchers, Guests, casual workers, contractors or visitors who sexually harasses another will be reprimanded in accordance with this internal policy. All sexual harassment is prohibited whether it takes place within DREA premises or outside, including at social events, business trips, training sessions or conferences sponsored by DREA.
- Complaints procedures:
- Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. DREA recognises that sexual harassment may occur in any relationship and that it may not be possible for the victim to inform the alleged harasser. If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated staff members responsible for receiving complaints of sexual harassment. This person could be another supervisor, a member of the human resources department, etc.
- When a designated person receives a complaint of sexual harassment, he/she will:
- immediately record the dates, times and facts of the incident(s)
- ascertain the views of the victim as to what outcome he/she wants
- ensure that the victim understands the company’s procedures for dealing with the complaint
- discuss and agree the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome
- keep a confidential record of all discussions
- respect the choice of the victim
- ensure that the victim knows that they can lodge the complaint outside of the company through the relevant country/legal framework.
If victim cannot harass a designated member can make a complaint to Committee (Internal Committee on Sexual Harassment). Internal Committee shall constitute of a. Executive Member of DREA, b. Presiding officer to be a female, c. Not less than 2/3rd members in committee shall be females. Such Presiding Officer and every Member of the Internal Committee shall hold office tor such period not exceeding three years, from the date of their nomination as may be specified by the DREA.
Throughout the complaints procedure, a victim is entitled to be helped by a counsellor within the company. DREA will nominate a number of counsellors and provide them with special training to enable them to assist victims of sexual harassment. DREA recognises that because sexual harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. DREA understands the need to support victims in making complaints.
- Informal complaints mechanism: If the victim wishes to deal with the matter informally, the designated person will:
- give an opportunity to the alleged harasser to respond to the complaint
- ensure that the alleged harasser understands the complaints mechanism
- facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator within the company to resolve the matter
- ensure that a confidential record is kept of what happens
- follow up after the outcome of the complaints mechanism to ensure that the behaviour has stopped
- ensure that the above is done speedily and within […] days of the complaint being made.
- Formal complaints mechanism:
- If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the matter. The designated person who initially received the complaint will refer the matter to a senior human resources manager to instigate a formal investigation. The senior human resources manager may deal with the matter him/herself, refer the matter to an internal or external investigator or refer it to a committee of three others in accordance with this policy.
- The person carrying out the investigation will:
- interview the victim and the alleged harasser separately
- interview other relevant third parties separately
- decide whether or not the incident(s) of sexual harassment took place
- produce a report detailing the investigations, findings and any recommendations
- if the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim (i.e.- an apology, a change to working arrangements, a promotion
- if the victim was demoted as a result of the harassment, training for the harasser, discipline, suspension, dismissal)
- follow up to ensure that the recommendations are implemented, that the behaviour has stopped and that the victim is satisfied with the outcome
- if it cannot determine that the harassment took place, he/she may still make recommendations to ensure proper functioning of the workplace
- keep a record of all actions taken
- ensure that the all records concerning the matter are kept confidential
- ensure that the process is done as quickly as possible and in any event within […] days of the complaint being made
- Outside complaints mechanisms: A person who has been subject to sexual harassment can also make a complaint outside of the company. They can do so through approaching appropriate authorities for action.
- Sanctions and disciplinary measures: Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:
- verbal or written warning
- adverse performance evaluation
- reduction in wages
- transfer
- demotion
- suspension
- dismissal
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.
- Implementation of this policy: DREA will ensure that this policy is widely disseminated to all relevant persons. It will be included in the staff handbook. All new employees must be trained on the content of this policy as part of their induction into the company. Every Rancher or Guest to be made aware about policy. Every year, DREA will require all employees to attend a refresher training course on the content of this policy, similarly all Ranchers or guests are required to adhere to the Policy vividly. Anti Sexual Harassment awareness programmes to be conducted periodically by DREA. It is the responsibility of every individual to ensure adhere to policy.
- Monitoring and evaluation:
- DREA recognises the importance of monitoring this sexual harassment policy and will ensure that it anonymously collects statistics and data as to how it is used and whether or not it is effective.
- Committee Members, Executive officials, Supervisors, managers and those responsible for dealing with sexual harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes needed.
I agree to follow all stall requirements listed above:
NAME:
SIGNATURE _________________________
DATE: ________
OTHER POLICIES – ANNEXURE VIII
- SMOKING POLICY:
DREA maintains a smoke- and tobacco-free premises. No smoking or other use of tobacco products (including, but not limited to, cigarettes, e-cigarettes or vaping devices, pipes, cigars, snuff, or chewing tobacco) is permitted in any part of the building or in vehicles owned, leased, or rented by the DREA. Ranchers may smoke outside in designated areas[1] during breaks. When smoking or otherwise using tobacco or similar products outside, do not leave cigarette butts or other traces of litter or tobacco use on the ground or anywhere else.
- ANTI DRUG POLICY:
DREA is strict towards adhering to Anti Drug Policy adopted by Telangana State Government, Therefore, any Rancher if found to be in possession or usage or consumption or solicitation or sale of any narcotics within premises of DREA, then such Rancher shall be personally liable towards such acts of possession of any narcotics. Narcotics are list are drugs as detailed in NDPS Act. DREA cannot be made liable towards such act of usage of Narcotics by Rancher.
- WEAPONS POLICY:
No weapons, concealed or otherwise are allowed on the Property of DREA at any time. Nothwithstanding any thing contained in this clause, any Gunmen, Security Personnel or such Authorised Persons can carry Weapons, subject to submission of declaration provided by Rancher or Guest.
I agree to follow all stall requirements listed above:
NAME:
SIGNATURE _________________________
DATE: ________
[1] Areas designated for smoking by DREA.
HOSPITALITY SERVICES – ANNEXURE IX
DREA shall provide services of Hospitality to all the Ranchers. List of Hospitality services shall include but not limited to: 1. Boarding/Cottages, 2. Clubbing, 3. Dinning and 4. Other Hospitality related services to Ranchers. All services rendered by DREA towards Hospitality are subject to payment of charges as detailed in Boucher.
DREA is not responsible for personal articles that are lost or stolen. Any items not properly stored may be picked up by DREA management and/ or employees and placed in a designated lost and found area. After two full weeks and no claiming of item(s), DREA has full right of possession of item(s) and may throw away, donate, or do with whatever is deemed appropriate by management. Rancher shall assume the risk of loss and liability for loss.
Rancher agree to adhere to Anti Drug Policy and Weapons Policy and Any Such Policy in contraventions.
I agree to follow all stall requirements listed above:
NAME:
SIGNATURE _________________________
DATE: ________
EVENT MANAGMENT SERVICES – ANNEXURE X
DREA shall provided services of Event Management (Weeding Shoots, Birthday Functions, Marriage Functions), Any Product or service promotional activities at DREA premises. Subject to condition that it adheres to policies of Ranch.
DREA shall provided detailed list of activities involved in Event Management Services in Boucher which is provided along with Application at Ranch Office.
Restriction on Usage of Crackers:
Ranchers opting for Event Management Services are not allowed to use Heavy and Loud Crackers which can cause Danger to Horses in Stable. If any Rancher is found to be using same, he/she shall be penalized accordingly.
Restrictions of Usage of Facilities:
Rancher agree to adhere to policies detailed in Terms and Conditions of DREA while participating or opting for Event Management Services, any violation of such services shall result into personal liability of such Rancher.
I agree to follow all stall requirements listed above:
NAME:
SIGNATURE _________________________
DATE: _______________________________