This form limits the liability of RLX Operating Company Pty Ltd t/as Central Queensland Livestock Exchange (CQLX) and Regional Infrastructure Pty Ltd and their related entities, including their respective directors, officers, employees and agents (Operators), and the Australian Brangus Cattle Association respective directors, officers, employees, volunteers and agents (Event Organisers) by excluding liability for any personal or mental injury or death to the person (or any person under his/her control or care) who signed this form as an acknowledgment of the terms and conditions of use of the CQLX Arena, Stables and Yards and appurtenant facilities (Premises).
By acknowledging and accepting this waiver you are waiving your rights to sue the Operators and/or Event Organisers for any and all loss or damage, and any claims or demands (whether based on contract, tort [including negligence] or otherwise) arising from any activity (including, but not limited to, cattle showing activity), including any physical or mental injury to you or a person in your care or control or your own death or the death of a person in your care or control while using, or in relation to the use of, the Premises.
YOU ACKNOWLEDGE THAT:
1. You acknowledge that by entering the Premises, you do so at your own risk.
2. To the extent permitted by law you release, waive and discharge the Operators and/or Event Organisers from any and all loss or damage, and any claims or demands (whether based on contract, tort [including negligence] or otherwise) arising from any activity (including, but not limited to, cattle showing activity), including any mental or physical injury to you or a person in your care or control or your own death or the death of a person in your care or control while using, or in relation to the use of, the Premises.
3. You indemnify the Operators and/or Event Organisers against any and all claims, actions, demands, proceedings (whether based in contract, tort [including negligence] or otherwise), losses (including consequential losses), costs and expenses which may be made or brought against or suffered or incurred by the Operators and/or Event Organisers (Losses) (including any Losses arising from damage suffered by a person [including a child] in your care or control) arising from or in any way connected with your use of the Premises including any cattle showing activity, as well as those that arose of your failure to comply with rules and/or directions given to you by the Operators and/or Event Organisers.
4. You and any person in your care or control will not interfere with the Operators operation and management of CQLX and will follow any rules, regulations and signage as set out by the Operators.
You and any person in your care or control will not interfere with the Event Organisers operation and management of Brangus Futurity event and will follow any rules, regulations and signage set out by the Event Organisers.
5. You and any person in your care or control will follow all reasonable and lawful instructions provided from time to time by the Operators and/or Event Organisers.
6. Cattle showing is a dangerous activity, and that cattle can act in a sudden and unpredictable way, especially if frightened or hurt.
7. Serious injury or death may result from cattle showing activities.
8. You and any person in your care or control will not be under the effect of alcohol or any illicit drug while using the Premises.
9. You and/or any person under your care are physically fit to participate in the activities and that you and/or any person under your care do not have any pre-existing medical condition, including any medications, that may affect the safety of you or any other person showing cattle.
10. You and any person in your care or control will wear the necessary safety equipment whilst showing cattle.
11. If you or any person in your care or control suffers any injury or illness, you agree that the Operators and/or Event Organisers may provide evacuation, first aid and medical treatment at your own expense, and your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.
12. Any misconduct or refusal by you or any person in your care or control to follow any reasonable and lawful direction from the Operators and/or Event Organisers will result in your immediate removal from the Premises.
13. Any animal in your care at the Premises is in good health and has not shown signs of any respiratory or other disease for at lease five (5) days prior to your use of the Premises and all cattle equipment and transport vehicles have been cleaned and disinfected.
14. You fully acknowledge that a purpose of these conditions is to exclude to the maximum extent permitted by law all liability of the Operators and/or Event Organisers for loss, death or injury (including mental injury) caused or contributed to by any activity within the Premises, including, but not limited to cattle showing activity. You agree that these terms and conditions must be interpreted to achieve that purpose, and in any dispute, must be interpreted against you in favour of the Operators and/or Event Organisers.
15. This release continues forever and binds your heirs, successors, executors, personal representatives, and assigns.
Declaration
I FULLY ACKNOWLEDGE THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ AND UNDERSTAND THESE TERMS, UNDERSTANDING I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT AND ACCEPT IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT OF ANY KIND.
Declaration of minor – Under 18 years of age
I FULLY ACKNOWLEDGE THAT BY ACCEPTING AS LEGAL GUARDIAN OF A MINOR, I MYSELF, MY EXECUTORS, ADMINISTRATORS AND ASSIGNS ABSOLUTELY INDEMNIFY, WAIVE, RELEASE AND DISCHARGE THE OPERATORS AND/OR EVENT ORGANISERS FROM ALL CLAIMS, DEMANDS AND PRECEEDINGS ARISING OUT OF OR CONNECTED WITH THE MINOR’S USE OF THE PREMISES FOR DEATH, PHYSICAL OR MENTAL INJURY THAT THE MINOR MAY SUFFER OR SUSTAIN.