Assumption of risk

ASSUMPTION OF RISK FORM

    1. The Customer (“customer”) must disclose any pre-existing medical or other condition that may affect the risk that either the customer or any other person will suffer injury, loss or damage.
    2. The customer acknowledges that the Proprietor Paloma Equestrian Centre Pty Ltd (“PEC”) relies on the information provided by the customer and the customer states that all such information is accurate and complete.
    3. The customer understands and acknowledges the dangers associated with the consumption of alcohol or any mind altering substance before or during the described activity, and the customer accepts full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind altering substance.
    4. The customer agrees with PEC that the customer will obey and will comply with all rules and directions made or given by PEC in connection with the described activity. If a customer fails to comply with PEC’s rules and/or directions, the customer will not be permitted to continue the described activity, and no refund will be given.
    5. The customer accepts all risks associated with the activity, including the possibility of injury, death, loss or damage.
    6. The customer agrees to indemnify PEC against all claims made by any other person against PEC in respect of any injury, loss or damage arising out of or in connection with the customer’s failure to comply with PEC’s rules and/or directions.
    7. The customer agrees and acknowledges, to the extent permitted by law, PEC shall not be liable for any injury, loss or damage (including special indirect or consequential loss or damage) suffered by the customer or by any other person arising from or in connection with the customer’s participation in the activity, whether such injury, loss or damage was caused directly or indirectly by the negligence of PEC or otherwise, or by PEC’s servants or agent. The customer hereby releases PEC from all such claims, and indemnifies PEC against all claims made by or on behalf of any other person.
    8. To the extent permitted by law, the customer acknowledges and agrees that all warranties, covenants and stipulations are hereby excluded.
    9. All accidents, injuries, loss or damage must be reported by the customer to PEC before the customer leaves PEC’s property.
    10. If the customer suffers from any injury or illness, the customer agrees that PEC may provide evacuation, first aid and medical treatment at the customer’s expense, and the customer’s acceptance of these terms and conditions constitutes the customer’s consent to such evacuation, first aid and/or medical treatment.
    11. The customer acknowledges that:

11.1 The customer will retain the benefit of certain conditions and warranties which will be implied into this agreement and rights and remedies conferred upon the customer by virtue of Consumer Protection and Trade Practices Legislation which cannot be excluded, restricted or modified by agreement (“the non excluded terms”).

(i) if there are any non excludable terms in this agreement the provisions of clause 11.2 will not apply to them;

(ii) the customer acknowledges that with respect to any non excludable terms, PEC’s liability is, where permitted, limited to replacement (or the cost of replacement) of the service, the supply (of the cost of supply) of an equivalent service, or the repair (or the cost of repair) of the service.

11.2 (a) Subject to clause 11.1 the customer agrees that to the full extent permitted by law neither PEC, nor any person appearing to act with the authority of PEC has given, any condition, warranty or representation whatsoever in favour of the customer.

(i) as to the condition or quality of the service or equipment being hired, even if unknown to PEC or the customer;

(ii) as to the suitability for fitness for ordinary or any special use or purpose of the service or equipment; or

(iii)as to the correspondence by the service or equipment to any description of them.

(b) The customer agrees that this document is the whole agreement between the customer and PEC.

(c) Any provision which by statute is said to be incorporated into this agreement but the operation of which may be lawfully excluded, restricted or modified by agreement between PEC and the customer or otherwise is hereby, to the maximum extent possible, so excluded, restricted or modified.

12. I the Customer (“customer”) agree and declare:

12.1 I agree and declare that any damage caused by me including damage caused to any equipment will be paid by me.

12.2 I declare that I am over the age of 8 and have sufficient riding experience to operate the equipment and control horses. Baby from 2 years old, led by parents or PEC’s staff.

12.3 PEC retains the right to refuse hire to any person.

I THE CUSTOMER ACKNOWLEDGE THAT I HAVE READ THIS ASSUMPTION OF RISK FORM AND EQUESTRIAN RULES AND THAT THEY HAVE BEEN EXPLAINED TO ME. I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS.

BY ACCEPTING IT. I ACCEPT THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

 

PARENT OR GUARDIAN TO ACCEPT IF CUSTOMER UNDER 18 YEARS OF AGE.