Our obligation to exercise due care is to apprise every participant of the potential risks associated with engaging in this activity. Should the participant choose to proceed, it is done so at their own risk. Please review the below acknowledgments and assumptions of risk pertaining to activities facilitated by the provider.
Horsemanship / Riding / Equine Assisted Therapy
I acknowledge that engaging in activities I choose may entail certain risks and hazards, including the possibility of physical injury leading to permanent disability or death, as well as potential economic loss or damage.
I acknowledge that the provider has informed me that this activity could pose risks to my health and has apprised me of the potential dangers.
I have or will thoroughly consider the associated risk(s) before participating in the offered activities.
I ACKNOWLEDGE AND ACCEPT that to the fullest extent legally permissible (having due regard to the Australian Consumer Law (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 the Abbwell Group or related entities and any employees and/or authorized agents of The Abbwell Group or related entities [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 The Abbwell Group or associated properties.
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;
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 The Abbwell Group or related entities 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 The Abbwell Group or related entities 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, representative or guardian must read this Agreement and sign below on that person’s behalf.
I affirm that I have read, comprehended, and accepted the terms and conditions of the indemnity outlined above in connection with the receipt of services and that I understand that any horse-related activity undertaken by me shall be strictly in accordance with all terms of this Agreement is entirely at my own risk and may result in personal injury to me or my death.
By signing (or having my parent, representative or guardian sign) this Agreement I understand that I may be waiving my rights to sue the Abbwell Group or related entities for Loss and Damage.