Berkman Academy Risk Warning and Waiver of Liability Logo
  • Berkman Academy

    Risk Warning and Waiver of Liability
  • Provider Details

    Berkman Academy 271 Bayswater Rd. Bayswater North VIC 3153
  • Participant Details

  • Notice

    The following pages affect your legal rights and obligations. Please read carefully and only sign if you fully understand them. For participants under 18 years of age, the documents must be completed by a parent or legal guardian.
  • Description of Activities

    Equine-assisted sessions provided by Berkman Academy.
  • Activities may include:

    • Approaching, observing, and interacting with horses on the ground
    • Grooming, leading, feeding, and caring for horses
    • Participating in structured exercises and activities designed to build awareness, communication, emotional regulation, and resilience
    • Engaging in individual or group discussions, reflections, and wellbeing practices facilitated by qualified staff
    • Being present in an outdoor farm environment, which may involve uneven ground, natural obstacles, and exposure to weather conditions
    • No horse riding takes place. All interactions are ground-based.
  • Risk Acknowledgment

    I am aware that by participating 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 beyond my accustomed level
    • Failure of equipment or use of inadequate equipment
    • Inadequacy or absence of treatment or transport facilities if injured
    • Varying conditions without warning
    • Injury to others or by others

    I may be injured or die due to the Provider’s negligence, breach of contract, or breach of statutory duty or guarantee.

    I acknowledge that the activities are recreational and involve significant physical risk.

    I understand the Provider is not liable for the actions of other participants.

    By signing, I acknowledge that the risks have been explained, that I undertake them voluntarily and at my own risk, and that this “risk warning” conforms with the Civil Liability Act 2002 (NSW and WA).

    ¹ The “Provider” includes officers, employees, agents, contractors, franchisees, and assigns.² “Activities” includes all associated/before-and-after services—such as transportation, inductions, training, manuals, equipment familiarisation, etc.

  • Equine-Specific Risk Acknowledgment

    In addition to the general risks set out above, I acknowledge and agree that working with and around horses involves unique risks, including but not limited to:
    • Horses are large, powerful, and unpredictable animals that may react suddenly to movement, sound, touch, weather, or other animals.
    • Risks include being bitten, kicked, struck, trampled, stepped on, pushed, knocked down, or injured by sudden movements of a horse.
    • Risks may arise from leading, grooming, feeding, or interacting with horses on the ground, as well as from being in close proximity to horses during group or individual sessions.
    • These risks exist regardless of my level of experience or the precautions taken by the Provider and its staff.

    I understand that while the Provider takes all reasonable steps to create a safe environment, it is not possible to guarantee complete safety when interacting with horses.

    By signing this form, I voluntarily assume and accept all such risks of injury, harm, or damage arising out of my participation in equine-assisted activities with the Provider.

  • Participant’s Warranties

    I agree to:
    • Follow all Provider rules and instructions
    • Use/wear any equipment given by the Provider
    • Be medically and physically fit to participate
    • Disclose any pre-existing medical or other condition that could impact safety
    • Notify the Provider of any injury, illness, or concern during the activity
    • Refrain from reckless, negligent, or foolish behaviour that may harm myself or others
    • Accept evacuation, first aid, or medical treatment at my expense, and consent to such treatment
    • Confirm I have not consumed alcohol, mind-altering substances, or medication that impairs judgment or capacity
  • Exclusion of Liability

    I agree to:
    • Release, waive, discharge, and hold harmless the Provider (and its employees, agents, directors, officers) from any claims for personal injury—regardless of cause (negligence, wilful act, breach of contract, statutory duty, error, etc.)
    • Indemnify the Provider against any such claims
  • Statutory Rights & Exclusions

    It is possible to ask you to waive statutory guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). By signing:
  • You may be agreeing to exclude or modify your rights to sue for services that did not meet statutory guarantees

    This applies in QLD, NSW, WA, TAS, NT, ACT, and at the Commonwealth level

    Exclusions may apply even if injury results from breach of implied warranties under Civil Liability Acts

    South Australia

    Under sections 60–61 of the Australian Consumer Law (SA), statutory guarantees apply to services being rendered with due care, fit for purpose, and achieving expected results.

    Providers may ask you to agree to exclude these guarantees.

    A child under 18 or their parent/guardian cannot legally do so.

    More info: ocba.sa.gov.au

    Victoria

    Statutory guarantees under the Australian Consumer Law and Fair Trading Act 2012 (Vic) are in place (due care, fitness for purpose, results).

    Section 22 allows providers to ask for exclusion of these rights—but only if not due to gross negligence.“Gross negligence” means reckless disregard for consequences. See regulation 5 and section 22(3)(b).

  • Cancellation Policy

    We understand that sometimes plans change, and it may be necessary to cancel or reschedule your appointment. We kindly ask for as much notice as possible.

    Cancellations made less than 48 hours before the appointment time, or failure to attend without notice, will incur the full session fee.

    This policy allows us to manage our schedule effectively and offer the time to other clients who may be waiting for an appointment.

  • Declaration & Signature

    I confirm I have read, understood, and voluntarily signed this form without inducement.
  • For Participants Under 18 

    As a parent/guardian with legal responsibility, I certify that I acknowledge, understand, and accept all the aboveI consent to this release and indemnify the Provider—even if arising from the Provider’s negligence

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