EQUINE ON THE MOVE (Will Shaw) - SAM PARK HORSEMANSHIP (Sam Park)
RELEASE, ASSUMPTION OF RISK,
INDEMNITY & PARTICIPANT ACKNOWLEDGEMENT
Horsemanship Clinics • Groundwork • Horse Handling • Ridden Activities
IMPORTANT NOTICE
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.
This document records your acknowledgement of the risks associated with horse riding, horse handling and related horsemanship activities and contains contractual terms concerning assumption of risk, release and indemnity. You should read and understand it before participating. If you do not understand any provision, you should obtain independent legal advice before signing.
Nothing in this document is intended to exclude, restrict or modify any right, guarantee, warranty, remedy, liability or obligation that cannot lawfully be excluded, restricted or modified.
1. PARTIES AND CONSIDERATION
This document is made between the participant identified above (Participant) and Equine on the Move, operated by Will Shaw, together with Sam Park where Sam Park is involved in providing, assisting with or facilitating the relevant clinic or activity (collectively, the Released Parties).
In consideration of the Participant being permitted to attend and participate in the clinic and related activities, and for the other valuable consideration provided by the Released Parties, the Participant agrees to the terms of this document.
Where the Participant is under 18 years of age, the parent or legal guardian signing this document is signing in their capacity as parent or legal guardian and represents that they have authority to provide the consents and acknowledgements contained in this document.
2. NATURE OF THE ACTIVITIES
The activities may include, without limitation:
· horse handling, catching, haltering and leading;
· groundwork, obstacle work, desensitisation and communication exercises;
· grooming, saddling and bridling;
· mounting and dismounting;
· riding in an arena, enclosed area or other designated riding environment;
· trail riding or riding over natural terrain where offered;
· demonstrations, instruction and exercises conducted by instructors;
· movement of horses and equipment around the venue; and
· other horse-related activities reasonably associated with the clinic.
3. ACKNOWLEDGEMENT OF INHERENT AND OBVIOUS RISKS
The Participant acknowledges that horse-related activities involve inherent risks and, depending on the activity and circumstances, may constitute dangerous recreational activities involving a significant degree of risk of physical harm.
The Participant acknowledges that horses are powerful, sentient and inherently unpredictable animals and may react suddenly or without warning, including as a result of fear, pain, noise, movement, other animals, environmental conditions, equipment or human actions.
Risks may include, without limitation:
· being bitten, kicked, struck, trodden on, crushed or otherwise injured by a horse;
· being thrown, falling or being dismounted from a horse;
· a horse bucking, rearing, shying, bolting, spinning, stumbling, falling or otherwise behaving unexpectedly;
· collision with another horse, person, object, vehicle, fence, obstacle or other structure;
· injury arising from tack, equipment, obstacles or equipment failure;
· injury arising from uneven, slippery, wet, rocky or otherwise hazardous terrain;
· injury associated with weather, heat, storms, lightning, wind, rain, flooding or other environmental conditions;
· injury arising from the actions or inactions of another participant, spectator, horse owner or third party;
· aggravation, acceleration or recurrence of a pre-existing injury or medical condition;
· property damage, including damage to clothing, personal effects, vehicles, horse equipment or a horse; and
· serious injury, permanent disability or death.
The Participant acknowledges that not all risks can be eliminated by the exercise of reasonable care and skill and that the materialisation of an inherent or obvious risk may occur notwithstanding appropriate safety procedures.
4. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
The Participant voluntarily chooses to participate and acknowledges that they do so with knowledge of the nature of the activities and the risks described in this document.
To the maximum extent permitted by law, the Participant assumes responsibility for risks that are inherent in, obvious in connection with, or ordinarily associated with the activities and accepts responsibility for their own decisions, conduct and actions while participating.
The Participant agrees to exercise reasonable care for their own safety and the safety of others and to comply with all reasonable directions given by the Released Parties, venue operators and instructors.
5. PARTICIPANT OBLIGATIONS
· follow all reasonable safety instructions and directions;
· wear any protective equipment required by the instructor or venue, including an appropriate riding helmet for ridden activities;
· wear suitable footwear and clothing;
· not participate in an activity unless authorised to do so;
· immediately advise the instructor of any injury, illness, medical concern, loss of confidence or circumstance affecting their ability to participate safely;
· not deliberately place themselves, another person or a horse in unnecessary danger;
· not approach, handle, mount or ride a horse without permission where permission is required;
· not wrap, wind or tie a lead rope around any part of the body;
· not consume alcohol or use any prohibited or impairing drug before or during participation; and
· comply with venue rules and any reasonable horse welfare requirements.
6. HEALTH, FITNESS AND MEDICAL DISCLOSURE
The Participant confirms that, to the extent reasonably necessary for safe participation, they have disclosed relevant information known to them that may materially affect their ability to safely undertake the activities.
The Participant acknowledges that horse riding and horse handling can involve significant physical exertion and agrees not to participate where they know, or reasonably suspect, that their condition or impairment may make participation unsafe.
The Participant must promptly notify the instructor if their condition changes during the clinic.
7. ALCOHOL, DRUGS AND IMPAIRMENT
The Participant must not participate while affected by alcohol, an illicit drug, a prohibited substance, or any medication or other substance that materially impairs their judgement, coordination, balance, reaction time or ability to safely participate.
The Released Parties may refuse or discontinue participation where, acting reasonably, they consider a participant to be impaired or otherwise unable to participate safely.
8. HORSE AND ACTIVITY ALLOCATION
The Released Parties may determine, vary or withdraw the horse allocated to a Participant and may modify, suspend or cancel an activity where they consider it reasonably necessary for safety, horse welfare, weather, venue conditions or any other legitimate operational reason.
The Participant acknowledges that no representation is made that a particular horse, activity, exercise, route or outcome will be available or suitable at all times.
9. RELEASE
To the maximum extent permitted by law, the Participant releases and forever discharges the Released Parties from claims, demands, proceedings, actions, liabilities, losses, damages, costs and expenses arising out of or in connection with the Participant's participation in the activities, to the extent such claim arises from an inherent or obvious risk or other matter that may lawfully be released, excluded, restricted or modified.
This release is not intended to apply to liability to the extent that such liability cannot lawfully be excluded, restricted or modified.
10. INDEMNITY
To the maximum extent permitted by law, the Participant indemnifies and holds harmless the Released Parties against loss, damage, liability, claim, demand, cost or expense suffered or incurred by a Released Party arising from:
· the Participant's breach of this document;
· the Participant's negligent, unlawful or wilfully wrongful act or omission;
· the Participant's failure to comply with a reasonable safety direction; or
· damage caused by the Participant to property, equipment, a horse or another person, except to the extent caused by a matter for which the relevant Released Party is legally liable and which cannot lawfully be excluded or indemnified.
11. LIMITATION OF LIABILITY AND NON-EXCLUDABLE RIGHTS
Nothing in this document is intended to exclude, restrict or modify the operation of any provision of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, the Civil Liability Act 2003 (Qld), or any other applicable legislation to the extent that the relevant provision cannot lawfully be excluded, restricted or modified.
Where applicable law permits a recreational service provider to exclude, restrict or modify a consumer guarantee or liability, the Participant agrees that the relevant exclusion, restriction or modification is to apply to the maximum extent permitted by law.
The Participant acknowledges that the Released Parties do not purport to exclude liability for reckless conduct where such liability cannot lawfully be excluded.
12. EMERGENCY MEDICAL TREATMENT
In an emergency, the Participant authorises the Released Parties, to the extent reasonably practicable and permitted by law, to arrange or facilitate first aid, ambulance attendance or other emergency assistance.
The Participant remains responsible for providing accurate emergency contact and relevant medical information where reasonably necessary for safe participation.
13. HORSE WELFARE AND SAFETY DIRECTIONS
The Participant acknowledges that horse welfare is an essential part of the clinic. The Released Parties may stop an exercise, remove a horse from an activity or direct a Participant to cease participation where they reasonably consider this necessary for the welfare of the horse or the safety of any person.
14. PERSONAL PROPERTY AND HORSE PROPERTY
To the maximum extent permitted by law, the Released Parties are not responsible for loss of or damage to personal property, equipment, clothing, vehicles, trailers, tack or other belongings brought to the venue, except to the extent liability cannot lawfully be excluded.
Participants remain responsible for ensuring that their own property and equipment are appropriately secured and maintained.
15. PHOTOGRAPHY, VIDEO AND PROMOTIONAL MATERIAL
The Participant consents to the Released Parties photographing and/or recording the Participant and, where applicable, the Participant's horse during the clinic.
The Participant grants the Released Parties a non-exclusive, royalty-free, worldwide licence to use, reproduce, edit and publish such photographs and recordings for reasonable business, educational, promotional, website, social media and marketing purposes, in any media now known or later developed.
The Participant acknowledges that no payment or other consideration is payable for such use.
If a Participant does not wish to be photographed or recorded for promotional purposes, they should notify Equine on the Move in writing before the activity commences. Where reasonably practicable, the Released Parties will take that request into account.
16. CHILDREN AND PARTICIPANTS UNDER 18
A parent or legal guardian must provide consent before a participant under 18 years of age participates.
The parent or legal guardian acknowledges the nature of the activities and the risks identified in this document and agrees that the minor will comply with reasonable safety directions.
The parent or legal guardian must remain responsible for providing accurate information relevant to the minor's safe participation and must promptly notify the instructor of any relevant medical, behavioural or other circumstance.
The parties acknowledge that the legal effect and enforceability of any release, waiver or indemnity signed on behalf of a minor may depend on applicable law and the circumstances of the particular claim.
17. RIGHT TO REFUSE OR TERMINATE PARTICIPATION
The Released Parties may refuse, suspend or terminate a Participant's participation where they reasonably consider that the Participant, horse, equipment, venue, weather or circumstances present an unacceptable safety, welfare or operational risk.
Where practicable, the Participant will be informed of the reason for the decision.
18. ACKNOWLEDGEMENT OF UNDERSTANDING
By signing below, the Participant confirms that:
· they have read this document carefully;
· they understand the nature of the activities and the risks identified;
· they have had a reasonable opportunity to ask questions;
· they have received or will receive relevant safety instructions;
· they voluntarily agree to participate subject to these terms; and
· they understand that the document is intended to have legal effect to the maximum extent permitted by law.
19. SEVERABILITY
If any provision of this document is held to be invalid, void, unenforceable or ineffective, that provision is to be read down to the extent necessary, or otherwise severed to the extent permitted by law, without affecting the validity or enforceability of the remaining provisions.
20. GOVERNING LAW AND JURISDICTION
This document is governed by the laws of Queensland, Australia. The parties submit to the jurisdiction of the courts of Queensland and the applicable Commonwealth courts exercising jurisdiction in Queensland.
21. SIGNATURE AND ACKNOWLEDGEMENT
I confirm that I have read and understood this document and voluntarily agree to participate in the Equine on the Move horsemanship clinic on the terms set out above.
PARENT / LEGAL GUARDIAN – PARTICIPANT UNDER 18
I confirm that I am the parent or legal guardian of the participant named below, that I have authority to provide this consent, and that I have read and understood this document. I consent to the minor's participation in the activities subject to these terms.