The following pages affect your legal rights and obligations. Please read these carefully and only sign if you fully understand their contents. For participants under 18 years of age, these documents must be completed by a parent or legal guardian.
Description of Activities: HORSE RIDING
RISK WARNING UNDER QUEENSLAND CIVIL LIABILITY ACT 2003
Under Queensland law, horse-related activities are classified as dangerous recreational activities which involve obvious risks. These risks include (but are not limited to):
Falling from a horse
Being kicked, bitten, or trampled
Sudden unpredictable behaviour by horses (even if well-trained)
Injury from horse tack or equipment
Slips, trips, or falls on rural terrain
Weather-related hazards.
By participating in equine activities or being on the property, you are voluntarily assuming these and all associated risks.
LIABILITY WAIVER & INDEMNITY
I, the undersigned participant (or parent/legal guardian if the participant is under 18), acknowledge and agree that:
I am voluntarily entering the property and engaging in activities entirely at my own risk.
I understand the nature of horse-related risks and accept full responsibility for any injury, illness, loss or damage that may occur.
I release, waive, and discharge Gold Coast Equine Sanctuary, its owners, staff, volunteers, and agents from all claims, demands, or actions related to injury, death, or property damage, howsoever caused.
I agree to follow all safety instructions and acknowledge that failure to do so may increase risk of injury.
I will not hold the business liable for any loss or damage to personal belongings.
I agree to indemnify and hold harmless the business against any claim brought by or on behalf of me or my child.
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 2003
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.
I agree to use and/or wear any equipment given to me by the Provider.
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. 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.
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.
Weight limit policy
I declare that I fit within the requirements of the providers weight limit policy and am under the required weight limit of 90kg. At Gold Coast Equine Sanctuary, the comfort and wellbeing of our horses is at the heart of our practices. To ensure their safety. we have a maximun weight limit of 90kg for all ridden sessions, in line with industry standards. If you are unsure whether this applies to you, we will require a check using our discreet weighing facilities at the stables prior to your session. This policy supports a safe and respectful environment for both our horses and partipants, and we appreciate your understanding and cooperation.
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.
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), and recreational activities (as defined by the Queensland Civil Liability Act 2003 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 the Queensland Civil Liability Act 2003
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.
For Participants under the age of 18 years :
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.