ACKNOWLEDGEMENTS, INDEMNITY & WAIVER
1. Jolong Park Pty Ltd ("Jolong Park") provides horse and pony rides and riding lessons, trail rides, equine education and related school holiday programs ("Activities") from its location at 128 Riverend Road, Bangholme, Victoria.
2. By signing this document, You and any person in your care or under your control, including minors under the age of 18 years (collectively, "You", with "Your" having a corresponding meaning), acknowledge that:
a) horse riding can be a dangerous activity and that the Activities, while undertaken for the purposes of recreation, enjoyment or leisure, involve a significant degree of physical risk. Horses can act in a sudden and unpredictable way and that when frightened, their instincts are to jump (forwards or sideways) suddenly, to run away from perceived danger, to kick, to rear up, to buck or to bite. Accordingly, in these circumstances, despite the best endeavours of Jolong Park personnel, there can be an unavoidable risk of physical harm;
b) the safety precautions undertaken by Jolong Park are a service to You but do not in themselves guarantee Your safety;
c) You are responsible for Your actions at all times and Your participation in the Activities is entirely at Your risk; and
d) if at any point during the provision of the Activities You are in difficulty, want to suspend or stop the Activities or otherwise require assistance or advice, it is Your responsibility to inform any of Jolong Park's personnel as soon as possible.
3. By signing this document, You:
a) declare that You are in good physical condition, are not (and when riding will not be) under the influence of alcohol or drugs, have been fully informed of the physical demands of the Activities requested by You, and are able to participate fully in such Activities;
b) agree that it is Your responsibility to provide honest and accurate answers to any questions which any of Jolong Park's personnel may have regarding Your physical or medical condition. It is also Your responsibility to inform any of Jolong Park's personnel of any physical or medical condition You have which could reasonably affect Jolong Park's decision to provide the Activities to You and Jolong Park shall not be liable to You in any way if You fail to do so;
c) agree to wear a helmet and suitable footwear and wear/use any other safety clothing or equipment recommended to You by any of Jolong Park's personnel;
d) agree to behave in a responsible, safe and controlled manner at all times during the Activities and follow the instructions of Jolong Park's personnel at all times, as communicated directly to You or sign posted on Jolong Park's property;
e) agree that, during Riding Lessons and / or on Jolong Park Property, you will abide by all Instructor / Management / Employee directions & Safety Instructions and Policies, in failing to do so You are responsible for any loss or damage caused by You to Jolong Park's property (including any injury to any horse) or any third party's property, that You will inform Jolong Park of any such loss or damage before departing from Jolong Park's premises and that You indemnify Jolong Park against any and all liability that may be incurred by Jolong Park in respect of any such loss or damage caused by You;
f) agree that any of Jolong Park's personnel are permitted to provide emergency medical care to You in the event of an accident and to otherwise call for professional emergency medical attention where they deem appropriate or necessary and that You will be responsible for any and all costs incurred as a result; and
g) agree that to the extent permitted by law, Jolong Park's liability to You in respect of any of the Activities provided to You, including any liability arising from personal injury or death, however, caused and whether or not such liability arises from or is caused by any negligence of Jolong Park, is expressly excluded and that You waive any rights You may have to sue Jolong Park for any loss or damage (however caused) incurred by You in connection with the Activities provided to You by Jolong Park.
h) hereby grant permission to Jolong Park to use photographs and/or video of me taken at Jolong Park in publications, news releases, online, and in other communications related to the mission of marketing or business purpose.