WAIVER,
RIDING AGREEMENT AND EXCLUSION OF CERTAIN RIGHTS TO SUE
WARNING: Under the provisions of the Fair Trading Act 1999
(Vic) several conditions are implied into contracts for the supply of certain
goods and services. These conditions mean that the Centre named
on this form is required to ensure that the recreational services it supplies
to you are:
·
rendered with due care and
skill; and
·
as fit for the purpose for
which they are commonly bought as it is reasonable to expect in the
circumstances; and
·
reasonably fit for any
particular purpose or might reasonably be expected to achieve any result you
have made known to the Centre.
Under section
32N of the Fair Trading Act 1999, the Centre is entitled to ask you to agree
that these conditions do not apply to you.
If you sign this form, you will be agreeing that your rights to sue the
Centre under the Fair Trading Act 1999 if you are killed or injured because the
services were not rendered with due care and skill or they were not reasonably
fit for their purpose, are excluded, restricted or modified in the way set out
in this form
NOTE: The change
to your rights, as set out in this form, does not apply if your death or injury
is due to gross negligence on the Centres part. "Gross negligence" is defined in the Fair Trading
(Recreational Services) Regulations 2004.
ACKNOWLEDGMENTS
1
Horse riding involves a significant degree of physical exertion and
physical risk and is undertaken for the purpose of recreation, enjoyment and
leisure.
2
I engage in horse riding entirely at my own risk and accept that horse
riding is a dangerous activity with many inherent risks.
3
I accept that I am responsible for my own actions and the actions of
those people in my care and control.
4
A reference to the Centre in this contract includes Glenbrae
Equestrian Centre, the operating company Jacques R. Pty Ltd and the property
owners B. and S. J. Hodgson and C. J. Le Bas de Plumetot.
5
The services provided by the Centre are recreational services for the
purposes of the Fair Trading Act 1999 (Vic) and Trade Practices Act
1974 (Cwth).
6
The Centre does not make any warranty concerning the nature, habits and
disposition of any horse supplied by it.
7
This riding agreement contract is for the period from the signed date
until the 30th June 2005.
TERMS AND CONDITIONS OF RIDING
I will waive my rights
8
I will not bring any claim, demand, action or suit against the Centre
in relation to personal injury or death, and also any loss, injury or damage I
sustain as a direct or indirect result of horse riding organised by the
centre. This waiver applies
irrespective of any liability, fault or negligence of the Centre.
I will indemnify the Centre
9
I will indemnify the Centre against any claim, demand, action or suit
brought by third parties (including a child for whom I have responsibility) in
relation to any personal injury or death, and also any loss, injury or damage
which is a direct or indirect result of horse riding pursuant to this
agreement. This indemnity applies
irrespective of any liability, fault or negligence of the Centre.
I will ride safely
10 I will only ride the horse in a safe and controlled
manner.
11 I will wear an Australian Standard Approved helmet and the
correct footwear at all times.
I will read and follow instructions
12 I will read and follow all signs on
the Centres property and follow all the Centres instructions.
I will accept and pay for assistance
10
I consent to being evacuated and to the provision of first aid and
medical treatment if I am injured or become ill. I agree to pay for any such evacuation or provision of first aid
or medical treatment.
The Centre may cancel my ride
The Centre may
cancel my ride without refunding any fee if I do not comply with any of these
terms and conditions.
I
will disclose
11
Any pre-existing medical or other condition that may affect or
risk other persons or myself.
(please circle) Asthma, Diabetes, Epilepsy / Fits,
Fainting / Dizziness, Blackouts / Migraines, Disability,
Heart / Blood
Condition, Allergic Reactions, Pregnancy, Uneven Pupils, Recent
Injuries, Medications,
Other
.
.
AGREEMENTS: By signing this agreement I understand that I and my
dependants waive our rights to sue
The riders
agreement
I
have read, understood and agree to the acknowledgements, terms and conditions.
Ful
Name:
.Age
(Under 18):
..
Address:
.
Riding
Experience:
Signature:
.Date:
..
...
...
Ph:
Mobile:
.......................
.
..Emergency
Contact:
..
The parent or guardians agreement
I am the
riders parent or guardian and I have read and understood the acknowledgements,
terms and conditions.
I agree to
them. I agree for the rider to be bound
by them.
Full
Name:
Signature: