THIS WAIVER & RELEASE AGREEMENT MADE by and between Petra Webstein (Dancing with my Horses) and The PARTICIPANT, whose name is set forth at the bottom of this Agreement, as of the date a signed copy of this Agreement is sent to the above named.
The PARTICIPANT [or, Student’s Parent or Legal Guardian] “The PARTICIPANT”, being of lawful age and free from the influence of any mind altering substances, including but not limited to mind-altering prescription medication(s), alcohol and/or illegal drugs, in consideration of being permitted to participate in or to continue participating in Petra Webstein (Dancing with my Horses)s’s programs, any course offered on Petra Webstein (Dancing with my Horses)’s course, event or gathering, hereby releases, relinquishes, waives, discharges and quit claims, any claim, suit, action, demand, liability, damages, injury or loss whatsoever, whether physical, emotional, mental and / or spiritual, that The PARTICIPANT may now or at any time in the future have against Petra Webstein (Dancing with my Horses), successors, assigns or legal representatives, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world.
The PARTICIPANT understands and agrees that Petra Webstein’s (Dancing with my Horses) Programs, Courses, Events and/or Gatherings are not a substitute for medical and/or psychological treatment; that no representative of them has nor will attempt to diagnose or treat The PARTICIPANT for any condition; and that it is The PARTICIPANT’s responsibility to find and retain the services of a competent physician, psychologist, social worker, clergy person and/or other holistic practitioner if The PARTICIPANT has any physical and/or psychological and/or emotional and/or spiritual problem(s).
The PARTICIPANT hereby acknowledges and agrees that The PARTICIPANT has carefully read this WAIVER & RELEASE AGREEMENT, that The PARTICIPANT fully understands it, and that The PARTICIPANT is freely and voluntarily executing it. The PARTICIPANT has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this WAIVER & RELEASE AGREEMENT.
The PARTICIPANT understands that this WAIVER & RELEASE AGREEMENT is binding upon The PARTICIPANT and The PARTICIPANT’s spouse, life partner, heirs, executors, administrators, personal representatives and assigns.
The PARTICIPANT represents to Petra Webstein (Dancing with my Horses) that The PARTICIPANT does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent The PARTICIPANT from participating in any or all of the programs, Courses, Events and/or Gatherings outlined above. The PARTICIPANT understands that by signing this WAIVER & RELEASE AGREEMENT, The PARTICIPANT is waiving certain legal rights with The PARTICIPANT or The PARTICIPANT’s heirs, next of kin, executors, administrators and assigns my have against Petra Webstein (Dancing with my Horses) and any successors, assigns and legal representatives.
The PARTICIPANT is aware that horses are used in the workshops and that might have additional implication to his/her safety. The PARTICIPANT acknowledges that he/she will follow the guidelines of the teachers / facilitators at all times regarding the interaction with the horses.
This WAIVER & RELEASE AGREEMENT contains the entire agreement and understanding of The PARTICIPANT AND PETRA WEBSTEIN (Dancing with my Horses) concerning the subject matter contained herein, and supersedes and replaces all other prior agreements or proposed agreements, whether written or oral.
WAIVER & RELEASE AGREEMENT may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument.
This Agreement is executed by you ticking the I AGREE box on the website upon registration. Agreement to the Terms & Conditions are necessary in order to take part in the workshop.
Venue The Lilydale Farm
Petra Webstein (Dancing with my Horses) as the Provider of venue warns the Participant (and/or parent/guardian of the Participant, if under 18 years of age) that:
- A horse is a large, heavy, herdal animal, a creature of flight and can react without warning. It has highly developed senses of hearing, sight and smell which canmake its behaviour towards sounds, sudden movement, and unfamiliar objects, people or other animals unpredictable and potentially harmful to the Participant.
- Regardless of past training or performance, a horse can bite, bolt, run, buck, fall, jump, make unpredictable movements, kick, pigroot, rear, roll, shy, slip, stumble, spook or push, shove stand on you whilst you are on or near it, gear and equipment used may loosen or break (the Risks). The Risks may increase in the following circumstances e.g. if more than one horse is handled/ridden at the same time; other riders/handlers fail to obey the rules or are negligent; the condition of the Venue or terrain is rough, uneven, unstable or affected by weather; unrelated recreational or other activities are conducted near the Venue. The Risks are not limited to those circumstances. Because of the Risks, the Participant will be exposed, by handling/riding a horse, to the possibility of death, serious personal injury or disability (including paralysis and brain injury), even if the Participant observes the rules, at all times acts safely and wears an approved helmet and heeled boots.
- Section 60 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) provides that certain warranties of due care and skill are implied in contracts where a service is provided. Where a contract is for the provision of recreational services, the implied warranty of care and skill may be excluded, restricted or modified under s 139A of the Competition and Consumer Act 2010. The Provider will at all times exercise due care and skill in providing each Participant with suitable lessons for the duration of the Activity however the Provider gives the Participant notice that any liability of the Provider for breach of an implied warranty of due care and skill in the provision of recreational services resulting in personal injury or death of a Participant is excluded.
- The Provider and any other associates engage in providing the Activity are not liable for any loss or damage which may be sustained by the Participant during the course of the Activity. The Provider does not owe a duty of care to the Participant who engages in any recreational activity involving horses (including the Activity) at the Venue due the warning of the Risks expressly contained within this document.
Assumption of Risk and Acknowledgements
- The Participant acknowledges, understands and accepts that:
- There are obvious and inherent risks associated with participating in the Activity, and all recreational activities involving horses which may include, butare not limited to, the Risks defined above, which I have read and understand;
- Injury or death and/or property damage may result from all recreational activities involving horses, including my participation in the Activity; and
- He/she voluntarily assumes the risk and danger of injury or death inherent in the handling, training and/or riding of the horse/s or being in close proximity to a horse or on the premises of the Venue or the failure to wear protective clothing (e.g. helmets and heeled boots) and the use of gear and equipment (whether provided by the Provider, the Participant or the Venue).
- If at any time during the course of the Activity, the Participant feels anything to be unsafe, he/she will notify the Provider of this and will refuse to participate further in the Activity.
- The Participant will at all times follow the direction of the Provider and will pay due regard to the safety of all other people present at the Venue, whether participating in the Activity or not.
- The Participant agrees that before and whilst taking part in the Activity, he/she:
- Is not under the influence of drugs or alcohol, other than prescription medication;
- Is in good health;
- Has disclosed all physical disabilities and/or chronic illnesses or conditions to the Provider; and
- Has honestly disclosed his/her level of experience with horses to the Provider so that the Activity may be adjusted to suit the skill of the Participant.
- The Participant understands that failure to comply the above rules and/or engages in any misconduct will result in the termination of the Participant’s involvement in the Activity and may jeopardise the continuation of the Activity. The Provider reserves the right to terminate a Participant’s involvement in the Activity and/or the Activity on such grounds at her absolute discretion.
10. The Participant acknowledges that any rights he/she may have under the Competition and Consumer Act 2010 (Cth) arising from the Provider’s breach of an implied warranty of due care and skill are excluded to the fullest extent permitted by law.
- The Participant agrees to indemnify, and save and hold harmless to the fullest extent permitted by law, the Provider and her associates from and against any loss, liability, damage, cost or any harm (as defined in s 5 of the Civil Liability Act 2002(NSW)) they may incur arising out of or in any way connected with injury sustained as a result of participation in the Activity.
- The Participant will not make any claim or bring any legal action against the Provider or her associates on account of any liability excluded by this document.
This agreement is governed by the laws of the State of Western Australia and is intended to be as broad and inclusive as permitted by law. In the event that any portion of this agreement is determined to be invalid, illegal or unenforceable for any reason, the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
I understand and acknowledge that horse’s agisted in yards, stables or paddocks at The Lilydale Farm are agisted at my own risk. The Lilydale Farm and its Directors are expressly not liable for any loss or damage that may occur while my horse(s) are on the property of The Lilydale Farm.
I agree to follow the rules and regulations set out by the host / provider / trainer or facilitator and that any misconduct or refusal by me to follow any direction will result in CANCELLATION of my booking and immediate removal from the property NO MATTER where that may occur. I agree to wear a helmet and the necessary safety gear whilst riding a horse.
BY TICKING THE AGREEMENT BOX ON SIGNUP YOU HAVE READ THIE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW. BY TICKING THE BOX TO AGREE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS AGREEMENT.
If the Participant is under 18 years of age
The Participant’s parent/guardian acknowledges and agrees that the Activity conducted at the Venue has obvious and inherent risks.
The Participant’s parent/guardian acknowledges that he/she has read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and agrees to be bound by that document in so far as their child’s participation in the Activity is concerned.
The parent/guardian of the Participant realises that the Participant may be subject to injury from this activity, and that the highest safety standards cannot remove all of the dangers to the participant.