Risk Warning and Waiver of Liability
Name of Provider: Allan Collett Horsemanship
Description of Activities: Horse riding, horsemanship instruction, groundwork, horse handling, demonstrations and associated equestrian activities.
IMPORTANT: The following information affects your legal rights and obligations. Please read it carefully and only continue if you fully understand its contents. For participants under 18 years of age, these documents must be completed by a parent or legal guardian.
Risk Warning
I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:
- Physical, bodily or psychological injury or death.
- Physical exertion to which I am not accustomed.
- Failure of equipment or use of inadequate equipment.
- There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
- The conditions in which the activities are conducted may vary without warning.
- I may cause injury to other persons and/or other persons may cause injury to me.
- I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the provider.
I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.
I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.
By signing below, I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me. I undertake any such risk voluntarily and at my own risk.
I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).
Participant's Warranties
You represent, warrant, agree and accept that:
- You are and must continue to be medically and physically fit and able to undertake and participate in the Activities.
- You are not a danger to yourself or to the health and safety of others.
- You have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells.
- You are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in the Activities.
- You have provided the Provider with all information relating to your health and medical history which may be relevant to your participation in the Activities.
Exclusion of Liability
To the extent permitted by law, I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.
I agree that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims.
Waiver
It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Provider in relation to the Provider’s services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For Queensland, New South Wales, Western Australia, Tasmania, Northern Territory and Australian Capital Territory and Commonwealth
By signing this form, you agree that the liability of the Provider in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:
(a) Deaths;
(b) Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
(c) The contraction, aggravation or acceleration of a disease;
(d) The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
(i) That is or may be harmful or disadvantageous to you or the community; or
(ii) That may result in harm or disadvantage to you or community;
That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded.
You acknowledge and agree that the above provision operates to exclude the liability of the Provider as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW).
For Victoria
Warning under the Australian Consumer Law and Fair Trading Act 2012:
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.
Exclusion of certain guarantees, rights and remedies
By signing this form, you agree that the liability of the Provider for any death or personal injury that may be suffered by you resulting from the supply of the recreational services is excluded to the extent permitted by law.
WARNING: This means that you may be giving up rights that you would otherwise have under the Australian Consumer Law and other applicable legislation.
Declaration and Signature
I have read carefully and understand this risk warning and waiver of liability and sign it freely and voluntarily without inducement of any kind.
