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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.
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:
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.
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.