WAIVER, RELEASE AND INDEMNITY AGREEMENT
[The Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) [“ACL”] provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www.consumerlaw.gov.au). Any rights you may have under the ACL shall apply notwithstanding any inconsistent provisions in this Agreement which shall be read down to the extent necessary to comply with the ACL and which shall otherwise apply to the fullest extent legally permissible. By signing this form you agree (subject to the ACL) to waive some rights you may have to make a claim against Lisa Coffey Racing Education Pty Ltd (trading as “Racing Hearts Therapies”) for losses relating to property damage, personal injury or death.
I ACKNOWLEDGE AND ACCEPT that to the fullest extent legally permissible (having due regard to the ACL):
HORSE HANDLING CAN IN SOME CIRCUMSTANCES BE AN INHERENTLY DANGEROUS ACTIVITY and that horses can act in a sudden and unpredictable way regardless of their training and past performance;
a horse may without warning or apparent cause bite, buck, kick, startle, bolt, fall, jump obstacles, etc. which may put you and other people at risk;
serious INJURY or DEATH may result from any horse-related activity;
I WILL HANDLE AND BE AROUND A HORSE OR HORSES AT MY OWN RISK and that Racing Hearts Therapies and any employees and/or authorized agents of Lisa Coffey Racing Education Pty Ltd [the “Operator”] shall not be liable for personal injury to me or for my death or for any loss and/or damage occasioned by me or any damage to any of my property regardless of how such liability arises [“Loss and Damage”]; and
any misconduct or refusal by me to follow any direction of the Operator shall result in the CANCELLATION of my horse-related activity, the forfeiture of any fee payable in relation to that activity and my immediate removal from Racing Hearts Therapies premises.
I AGREE that I will:
not do anything which may naturally affect my ability to participate in any horse-related activity (including but not limited to drinking alcohol or taking drugs);
immediately report to the Operator any injury to me, to any other person and/or to the horse provided for my use during any horse-related activity;
immediately advise the Operator of any Loss and Damage to any horse tack and/or any other equipment whether owned by me or provided for my use during any horse-related activity;
control myself and use my best endeavors to control the horse that I am handling during any horse-related activity in a proper and reasonable manner;
be responsible for the well-being and safety of the horse that I am handling during any horse- related activity and not permit any other person to handle that horse without the Operator’s prior permission;
pay due regard to the safety of all other persons involved in any horse-related activity;
follow all directions and instructions of the Operator at all times; and
allow my photograph, video, multimedia image and/or any film likeness to be used for any legitimate purpose by anyone authorised by the Operator.
To the fullest extent legally permissible (having due regard to the ACL) I AGREE to:
WAIVE any and all rights or claims which I may otherwise have against Racing Hearts Therapies and RELEASE Racing Hearts Therapies and all of its officers, employees and agents from any and all liability, damage and/or claims of any kind arising from any Loss and Damage by reason of my participation in any horse-related activity and regardless of any alleged negligence by the Operator; and
INDEMNIFY AND HOLD HARMLESS Racing Hearts Therapies and all of its officers, employees and agents from and against any and all Loss and Damage suffered and/or sustained by me and/or by any other person by reason of my participation in any horse-related activity and regardless of any alleged negligence by the Operator.
I CONSENT TO RECEIVE ANY REASONABLE MEDICAL TREATMENT which may be deemed necessary or prudent by the Operator and I acknowledge that I am entirely responsible for all of my own medical and ambulance expenses.
This Agreement shall be construed broadly to apply to the maximum extent legally permissible under the
ACL and all other applicable laws.
If the person entering into this Agreement is less than eighteen (18) years of age, his or her parent or guardian must read this Agreement and sign below on that person’s behalf.
I certify that I have read and understood the above provisions and that I understand that any horse-related activity undertaken by me shall be strictly in accordance with all terms of this Agreement and may result in personal injury to me or my death. By signing (or having my parent/guardian sign) this Agreement I understand that I may be waiving my rights to sue Lisa Coffey Racing Education Pty Ltd (trading as Racing Hearts Therapies) for Loss and Damage.