Risk Warning and Waiver of Liability

Name of Provider: Sydney Mountain Trail

Address of Provider: 582 Springwood Rd, Yarramundi, NSW, 2753

The following pages affect your legal rights and obligations. 

Please read these carefully and only sign if you fully understand their contents. 

For Participants under 18 years of age, these documents must be completed by a parent or legal guardian.

Participants under 18 years of age must be accompanied and supervised by an adult at all times.

We strongly recommend that all riders wear an Australian Standards approved riding helmet. Riders under 18 years of age must wear a helmet while riding. Wear suitable riding boots with a low heel.

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 to horse/and or participant

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 the negligence, breach of contract or breach of statutory duty or guarantee of the provider.

My horse may cause injury to other horses and/or participants, and that other horses/participants may cause injury to my horse.

My horse may cause damage to provided yards or cause damage to themselves in provided yards.

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.

I acknowledge that the Provider strongly recommends all participants seek their own professional advice and conduct your own risk management assessment before choosing to participate in any organised events or enter the course area.

I acknowledge that the Provider strongly recommends all participants source and seek their own insurance to cover the following, including but not limited to: Injuries to you/your horse, Injuries and damage you/your horse may cause to others.

I acknowledge that the Provider is not a horse trainer or veterinarian.

I acknowledge that I will conduct my own personal risk assessment of the provided yards as suitable for my horse.

I understand that the Provider strongly recommends wearing helmets at all times whilst riding. If I choose to not wear a helmet I understand the risks involved and that I undertake this risk voluntarily and at my own risk.

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).

Description of Activities

Handling/Riding of Horses at Sydney Mountain Trail. May include use of day/overnight yards and camping area (if available)

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.

By signing this form, you agree that the liability of the Provider in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:

(a)           Deaths;

(b)           Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);

(c)           The contraction, aggravation or acceleration of a disease;

(d)           The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:

(i)             That is or may be harmful or disadvantageous to you or the community; or

(ii)            That may result in harm or disadvantage to you or community;

That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded

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.

Declaration and Signature

I have read carefully and understand this risk warning and waiver of liability and sign it freely and voluntarily without inducement of any kind.

I acknowledge that this waiver is valid for one year from the date it was signed

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

I acknowledge and agree that I am responsible for the Child's safety.

I acknowledge that it is for me to decide whether the Child is competent to participate in the Activities, and I acknowledge that if I decide the Child can participate in the Activities, it is because I believe that the Child is competent to participate and I voluntarily accept and assume all risks associated with the Child's participation.

I acknowledge that I am required at all times to supervise my child/ren.