Risk warning and Waiver
To be signed by those over 18 years Risk warning and acknowledgement Your participation in the recreational activities supplied by Jarrahdale Equestrian Centre (SUPPLIER) may involve risk. For example, Personal injury due to horseriding or involved with horses. The risks involved may result in personal injury including death. Prior to undertaking any such recreational activity, you should ensure you are aware of all of the risks involved, including those risks associated with any health condition you may have.
By signing below, you acknowledge, agree, and understand that participation in the recreational services provided by SUPPLIER may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You also acknowledge that the risk warning above constitutes a ‘risk warning’ in accordance with the Civil Liability Act 2002 (WA). Exclusion, restriction or modification of rights under the Australian Consumer Law (WA) Under the Australian Consumer Law (WA), statutory guarantees apply to the supply of certain goods and services, including recreational activities.
It is possible for a supplier 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 because services provided were not in accordance with the guarantees are excluded, restricted or modified as set out below. By signing below, you agree that the liability of SUPPLIER for any harm, including:
• death;
• physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
• the contraction, aggravation or acceleration of a disease;
• 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:
o that is or may be harmful or disadvantageous to you or the community,
o that may result in harm or disadvantage to you or the 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 recreational services is excluded.
To the extent that the Civil Liability Act 2002 (WA) applies this exclusion does not apply to liability resulting from an act done or omission made with reckless disregard, with or without consciousness, for the consequences of the act or omission. By signing below you agree that Jarrahdale Equestrian may use digital images of you or the people you are guardian of in promotional/marketing material.
This document is a deed in favour of Jarrahdale Equestrian Centre (Supplier) and its officers, employees, representatives, agents, contractors, volunteers (Personnel).
I, the undersigned, am aged over 18 years of age and am a parent or legal guardian of the above named participant (Participant) I consent to the Participant attending the Jarrahdale Equestrian Centre (the Centre) for the activities described above, including participating in the events and activities offered by the Supplier or otherwise in connection with it (Activities).
I acknowledge and agree:
• that the Participant and I have read and understood the Centre’s rules and any other rules applying to the Activities;
• that the nature of the Activities may include swimming, rock climbing, abseiling, trampolining, horse riding, sporting activities, water sports, canoeing, and use of flying fox and rope swings :
• and that risks may arise during these and other Activities, including the risk of Personal Injury (as defined below);
• that the Supplier and its Personnel would be unable to feasibly operate the Centre if they were liable for such risks; and
• that the Participant attends the Centre and participates in all Activities at my own risk.
I indemnify the SUPPLIER and each of its Personnel against any and all losses, costs, damages, expenses and liabilities (including legal costs on a full indemnity basis) sustained or incurred by the SUPPLIER or any of its Personnel in connection with:
• any claim, action, demand or proceedings (whether based in contract, tort (including negligence) or otherwise) by any person in relation to any Personal Injury occasioned by the Participant at, or as a result of, the Centre, or in the course of, or as a result of, any Activities;
• any failure of the Participant to follow any rules of the Centre or any directions given by the SUPPLIER or its Personnel; or
• any act or omission of the Participant at the Centre or in the course of any Activities which causes or contributes to Personal Injury to any person.
In this deed poll, a reference to Personal Injury includes: death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; 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:
• that is or may be harmful or disadvantageous to the person who suffers it or the community, or
• that may result in harm or disadvantage to the person who suffers it or the community.
I agree that in the event of the Participant being involved in an accident, becoming ill, or otherwise requiring medical treatment or care, the SUPPLIER or its Personnel may, in their absolute discretion, obtain medical treatment for the Participant and that I must pay all expenses incurred in obtaining such medical treatment or care. Signed, sealed and delivered as a deed poll by parent or guardian of Participant who is under 18 years: