PARTICIPANT DECLARATION

(a) Equestrian Activity/Activities includes performing, participating or spectatingin any capacity, including as a Member, in any activity authorised or recognisedby Equestrian Australia (EA) or any of its Member Branches (including onlineand/or at home).(b) Associate/s means Associate/s of the Coach, being their employees andvolunteers, as well as EA and the associated Member Branch.(c) Coach means the person(s) or entity supplying the Equestrian Activity.(d) Claim means and includes any action, suit, proceeding, claim, demand,damage, penalty, cost or expense however arising including but not limited tonegligence or under the Australian Consumer Law.(e) Member means a Participating Member as defined in the EA Constitution,being any person (Competitors, Participants and Supporters) or association ofpersons (incorporation or unincorporated) which is under the rules orconstitution of a Member Branch, a duly registered and financial member of thatMember Branch.(f) Member Branches means Equestrian Victoria, Equestrian NSW, EquestrianWestern Australia, Equestrian South Australia, Equestrian Queensland,Equestrian Tasmania and Equestrian Northern Territory.(g) Reckless Conduct means the supplier is aware, or should reasonably havebeen aware, of a significant risk that the conduct could result in personal injuryto another person; and engages in conduct despite the risk and withoutadequate justification.4 Acknowledgement of risks and consent4.1 I acknowledge that any Equestrian Activity or horse sport is a dangerous recreationalactivity and that by engaging in the Equestrian Activity I am exposed to certain risksand dangers and am under certain obligations as follows:(a) that I may be seriously injured (including suffering a spinal injury, brain or headinjury, fractures, soft tissue injury, illness and mental anguish and emotionaldisturbance) and may be killed;(b) horses may act in a sudden and unpredictable manner, and the Coach andAssociate/s do not make any representations or warranties as to how a horsemay act;(c) that I have considered all of the risks involved, including those risks associatedwith any pre-existing health condition, injuries or disabilities I may have;(d) that the venue conditions may be hazardous and may vary without warning orpredictability;(e) that I will wear an approved helmet at all times while participating in theEquestrian Activity in accordance with the relevant EA General Regulations, EAand Fédération Equestre Internationale rules and regulations, and/or asrequested by the Coach or Associate/s;(f) any misconduct (as determined by the Coach or a delegated authority, at theirdiscretion) or refusal by me to follow any direction of the Coach, may result inmy disqualification from the Equestrian Activity and the forfeiting of all fees paidin relation to the Equestrian Activity;(g) that there may be no or inadequate facilities for treatment or transport of me if Iam injured;(h) that I have an obligation to myself and to others to act safely and within theconstitution, rules, regulations, policies, guidelines and codes of conduct of EAand the Member Branches and any other rules, regulations, policies, guidelinesand codes of conduct relevant to the Equestrian Activity;(i) the Coach and the Associate/s do not make any warranty that the services atthe venue or the design of any course or training facilities will be provided withdue care and skill or that any materials provided in connection with the serviceswill be fit for the purpose for which they are supplied;(j) to the extent that any warranty is implied it is excluded to the full extentpermitted by law; and(k) that I have voluntarily read and understood this warning and accept andassume the inherent risks in participating in the Equestrian Activity.4.2 I consent to the Coach and the Associate/s using technology to film, record and/orphotograph me during Equestrian Activities (whether physical or virtual/online). I haveno proprietary interest in the images. I authorise and consent to the Coach andAssociate/s using such images, my name and information about my participation in theEquestrian Activities to promote the Equestrian Activities. I release the Coach andAssociate/s from any Claim arising from the Coach and Associate/s us

5.1 I declare that I am and must continue to be medically and physically fit and able to participate in the Equestrian Activity. I will immediately notify the Coach and/or Associate/s if I feel unsafe or unwell in any way, or if there is any change to my fitness and ability to participate, and will immediately cease to participate in the Equestrian Activity. I understand and accept that the Coach and Associate/s will continue to rely upon this declaration as evidence of my fitness and ability to participate in the Equestrian Activity.5.2 I agree that the Coach may at their absolute discretion deny me eligibility to undertake the Equestrian Activity if they consider I am not medically, mentally and physically fit and able to participate (or continue to participate) in Equestrian Activity without unreasonable risk to myself or others. The Coach is in no way liable if they choose not to exercise their discretion under this clause.5.3 I understand and acknowledge the dangers associated with the consumption of alcohol, any banned substance or mind-altering drug before or during any Equestrian Activity. I accept full responsibility for injury, loss or damage associated with the consumption of alcohol, any banned substance or mind-altering drug.5.4 I agree to report any accidents, injuries, loss or damage I suffer during any Equestrian Activity provided by the Coach and/or Associate/s before I leave any relevant venue.5.5 I agree that if required, the Coach and/or Associate/s may arrange medical or hospital treatment (including ambulance transportation) for me. I authorise such actions being taken and agree to meet all costs associated with such action.5.6 I acknowledge that the Coach and/or Associates may collect, use and disclose health information in accordance with the Privacy Act 1988 (Cth) and any additional State/Territory privacy legislation.5.7 I consent to the Coach and/or Associates collecting, using and disclosing my personal information (including health information) for the purposes of eligibility to participate in the Equestrian Activities and for the purposes of communicating with relevant health service providers regarding eligibility or if an incident occurs for treatment and incident management and insurance purposes, in accordance with the Privacy Act 1988 (Cth)and any additional State/Territory privacy legislation.5.8 I acknowledge that it is my responsibility to arrange personal accident insurance coverage if I am not a Member.

6.1 In agreeing to participate in any way in the Equestrian Activity, the Participant, his/herpersonal representatives, heirs and next of kin hereby releases, waives, discharges andcovenants not to sue the Coach and/or the Associate/s with respect to any and allinjury, disability, death or loss or damage to person, whether caused by the negligenceof the Coach and/or the Associate/s, a breach of a contract or otherwise.6.2 A supplier of a recreational services or recreational activities is entitled to ask you toagree that statutory guarantees under the Australian Consumer Law (Schedule 2 to theCompetition and Consumer Act 2010 (Cth) (CCA)) do not apply to you (or a person forwhom or on whose behalf you are acquiring the services or activities).6.3 By signing this Participant Declaration, you agree that the liability of the Coach and/orthe Associate/s in relation to the recreational services (as that term is defined in s.139of the CCA) for any:i) death;ii) physical or mental injury (including the aggravation, acceleration or recurrenceof such an injury);iii) the contraction, aggravation, or acceleration of a disease;iv) the coming into existence, the aggravation, acceleration or recurrence of anyother condition, circumstance, occurrence, activity, form of behaviour, course ofconduct or state of affairs, that is or may be harmful or disadvantageous to youor the community; or that may result in harm or disadvantage to you or thecommunity;that may be suffered by you (or a person for whom or on whose behalf you areacquiring the services) resulting from the supply of recreational services is excludedand the application of any express or implied term that any services will be providedwith due care and skill or fit for any specific purpose is hereby excluded.Note: The change to your rights does not apply to a significant personal injury sufferedby you that is caused by the Reckless Conduct of the supplier of the recreationalservices.7 Indemnity and release7.1 In consideration of the acceptance of me as a participant in the Equestrian Activity, Iagree to indemnify and keep indemnified to the full extent permitted by law, the Coachand the Associate/s and each of them in the following manner:(a) I participate in the Equestrian Activity at my sole risk and responsibility;(b) I accept the venue where the Equestrian Activity is held as it stands with all orany defects hidden or exposed;(c) I indemnify and hold harmless the Coach and the Associate/s, their respectiveservants, agents, officials and competitors against any Claims which may bemade by me or on my behalf for or in respect of or arising out of my death orany injury caused to me whether caused by negligence, breach of contract orotherwise;(d) I agree to release to the full extent permitted by law the Coach and theAssociate/s from all liability to me for any Claim that arises as a result of anyact, matter or thing done, permitted or omitted to be done, by me or which is inany way connected with my presence at or involvement in the EquestrianActivity.7.2 A term of this release and indemnity will not apply where the term contravenes the lawof the relevant jurisdiction under which any legal action is legitimately taken howeversuch terms are severable and do not invalidate the remaining terms.

8.1 I acknowledge, understand and agree that it is a condition of my participation in the Equestrian Activity that I agree to be bound by, and subject to, the constitution, rules ,regulations, guidelines, policies, codes of conduct and jurisdiction of EA and the Member Branch and any other rules, regulations, guidelines, policies and codes of conduct relevant to the Equestrian Activity as amended from time to time. Copies of the EA and Member Branches constitution, rules, regulations, guidelines, policies and codes of conduct are available online.