Arena Hire

Risk Warning and Waiver of Liability

The following affects your legal rights and obligations.  Please read this information carefully and only click "Book Now" if you fully understand the contents.  For Participants under 18 years of age, this document must be read and agreed to by a parent or legal guardian.
 

Description of Activities:

Horse Riding

 

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. 

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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.

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By booking a service at Ardley Park, I acknowledge, agree and understand that the risks associated with the Activities have been explained to me.  I undertake any such risk voluntarily and at my own risk.  
 

A horse is a large, heavy, herd animal, prone to flight and can react without warning. It has highly developed senses of hearing, sight and smell and is wary of unfamiliar and unexpected elements in the environment. This can make its response to familiar, but especially unfamiliar, sounds, movements, objects, people, horses and other animals unpredictable and potentially harmful to him/her and any person nearby.

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Regardless of its size, weight, age or education, a horse can react suddenly and unexpectedly to external stimuli (auditory and visual, real and perceived) including (amongst other reactions and behaviours) bite, bolt, buck, crush, disobey riding aids, fall, jump, kick, lose balance, pig-root, rear, roll, shy, slip, stop and turn, and stumble, when he/she is on or near it. 

The Risks increase in myriad situations, including (without limitation): horses ridden or handled close together; horse training; horses that lack fitness and/or confidence; when a person has no riding or horse experience or is inexperienced; someone else can’t manage or control their horse; weather affected terrain; fire and smoke; taking a horse into or along water; shadows on the ground or on walls; leading a horse onto or off a float or truck; using clippers; using stables, wash bay, yards; the horse has a vice, bad behaviour or is unsound; the riding gear (saddle, bridle, stirrups) is not properly fitted or adjusted, in poor condition or unsuitable.
 

Participant’s Warranties 

I agree to abide by any of the Provider’s rules, and any direction or instruction given to me by the Provider during the course of the Activities.  

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I declare that I am medically and physically fit and able to participate in the Activities.  I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity.  I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.

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I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.

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I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.

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Exclusion of liability 

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. 

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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.

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For Victoria

Warning under the Australian Consumer Law And Fair Trading Act 2012 (Vic)

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.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part.  Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.  See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
 

Agreement to exclude, restrict or modify your rights:

I agree that the liability of the Provider for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded. 

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This document may be executed electronically by clicking the “Book Now” button which shall be considered as an alternative to an original signature and have the same force and effect as an original signature.

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Declaration

I have read carefully and understand this risk warning and waiver of liability and agree to it freely and voluntarily without inducement of any kind via making an online booking.
 

For Participants under age 18

This is to certify that I, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above.  I release and agree to indemnify and hold harmless the Provider from any and all liabilities arising from my minor child’s involvement or participation in the Activities and/or recreational services, even if arising from the negligence of the Provider.