LRPR-Waiver

WE INVITE YOU FOR A PONYTASTIC TIME

Some serious stuff before the fun begins…

Please read and sign this waiver before proceeding to the event space.

If you’re under 18 years of age, you’ll need a parent/guardian (who’s over 18) to complete this waiver for you.

WAIVER TERMS & CONDITIONS

This waiver (Waiver) uses defined terms in the Little Ryders Pony Rides Pty Ltd agreement. It is a condition of us allowing you to interact with our ponies under the Agreement, that you provide the following waiver.

In this Waiver:

• Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or ascertained, actual or contingent, at law, in equity, under statute or otherwise.
• Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.
• Supplier means Little Ryders Pony Rides Pty Ltd (ACN 661 332 529) trading as Little Ryders Pony Rides.
• Affiliates means our clients (including any relevant landowner, lessor and/or licensor of the land on which the event is hosted).

1. ACKNOWLEDGEMENT OF RISK AND WAIVER OF LIABILITY

The following pages affect your legal rights and obligations.  Please read these carefully and only sign if you fully understand their contents.

Description of Activities:

Risk Warning

I am aware that by my participation in any activities arranged by the Provider, certain risks or dangers may occur which could include:

• Physical, bodily or psychological injury or death.
• Physical exertion to which I am not accustomed.
• Failure of equipment or use of inadequate equipment.
• There may be no or inadequate facilities for treatment or transport to treatment if I am injured.
• The conditions in which the activities are conducted may vary without warning.
• I may cause injury to other persons and/or other persons may cause injury to me.
• I may be injured or die due to negligence, breach of contract or breach of statutory duty or guarantee of the provider.

I acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.

I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity.

By signing below, I acknowledge, agree and understand that the risks associated with the Activities and/or recreational services have been explained to me.  I undertake any such risk voluntarily and at my own risk.

I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).

Participant’s Warranties

I agree to abide by any of the Provider’s rules, and any direction or instruction given to me by the Provider during the course of the Activities.  I agree to use and/or wear any equipment given to me by the Provider.

I declare that I am medically and physically fit and able to participate in the Activities.  I acknowledge that I must, and agree that I will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Activities and notify the Provider of any injuries, illness or concerns that may arise during the Activity.  I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.

I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.

I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities.

Exclusion of liability

I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.

I agree that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims.

Waiver

It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Provider in relation to the Provider’s services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

Warning under the Australian Consumer Law And Fair Trading Act 2012 (Vic)

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services.  These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you—

• Are rendered with due care and skill; and
• Are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• Might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, 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 supplier’s part.  Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.  See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

Agreement to exclude, restrict or modify your rights:

I agree that the liability of the Provider for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.

2. CONDITIONS OF RIDING

• A helmet must be worn at all times
• Once mounted, children keep both hands on the saddle at all times
• Rider is not to kick or squeeze the pony at any time during the ride
• Rider is not to walk behind pony at any time
• Rider may only mount and dismount at the step unless stated otherwise by the Little Ryders Team
• Rider must allow pony handler to hold on to rider during the ride
• If a child is unable to sit safely on the pony they will be assisted by an additional handler, if they are still unable to sit safely they will be removed from the ride.
• Little Ryders Pony Rides reserves the right to cease rides at any time if pony or external factors deem to be causing the ride to be unsafe
• In accordance with our pony welfare team (vet, physiotherapist) ponies are only allowed to carry the specified rider/pony weight ratio limit.

Declaration and Signature

For Participants under age 18

This is to certify that I, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above.  I release and agree to indemnify and hold harmless the Provider from any and all liabilities arising from my minor child’s involvement or participation in the Activities and/or recreational services, even if arising from the negligence of the Provider.