Willinga Park Terms & Conditions

 

Voluntary Assumption of Risk, Waiver and Indemnity (“Agreement”)

This is an important document which will significantly affect your legal rights. Read it carefully. If you have any questions please ask a representative of Willinga Park.

 

Definitions:

“Willinga Park” means all owners, employees, contractors, agents and representatives of Willinga Park, and its related Body Corporate and their directors, officers, employees, agents, contractors and insurers.

“Activity” means horse riding, use of equestrian facilities, equipment and all equine and property infrastructures.

“Grounds” means the course, facilities, equipment, and areas to be used during the Activity.

Warning and Acknowledgements:

I acknowledge that by participating in the Activity, there is risk of personal injury to me and damage to my property, and risk that I will cause personal injury or damage to another person or property.

There are inherent risks associated with the Activity that cannot be prevented by Willinga Park. For the purposes of Part 1A, Division 5 of the Civil Liability Act 2002 (NSW), I have been warned of the risk of harm arising out of my participation in the Activity (including the risk of collision, falling and injury) and I voluntarily assume this risk.

I understand that I must inspect the Grounds prior to participating in the Activity. By participating in the Activity, I have found the Grounds to be safe and acceptable for participation.

It is my responsibility to ensure that my equipment is adequate to safely participate in the Activity.

I have not relied upon any advice, representations or inducements by or on behalf of Willinga Park in deciding to participate in the Activity and accept this Agreement.

Waiver, Release and Indemnity

I (on my own behalf and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives (Releasing Parties)) agree:

  1. that to the extent permitted by law, the provisions of:
  2. the Competition and Consumer Act 2010 (Cth); and
  3. any state or territory civil or consumer law which imposes a warranty that services be rendered with due care and skill and that any material supplied in connection with those services will be reasonably fit for purpose, are excluded and do not apply in so far as they relate to liability for death or personal injury from the Activity.
  4. to release Willinga Park from and against any liability arising out of any injury, loss, damage or death caused to me or my property or any other person arising from or in connection with my participation in the Activity whether such injury, loss, damage or death was caused directly or indirectly by negligence, failure to take reasonable care, breach of contract or any way whatsoever (including where the injury, loss, damage or death was caused solely or partly by the negligence of Willinga Park).
  5. to indemnify Willinga Park from all loss, liability and expense (including legal expenses) arising out of or resulting from my participation in the Activity. This indemnification extends to all claims in respect of any injury, loss or damage arising out of or in connection with my participation in the Activity, including where the injury, loss, damage or death was caused solely or partly by the failure to take reasonable care or negligence of Willinga Park.
  6. that the proportionate liability provisions contained in Part 4 of the Civil Liability Act 2002 (NSW) will not apply to claims, damages, losses, injuries and expenses arising out of my participation in the Activity, to which I have agreed to release and indemnify Willinga Park under this Agreement.

General

  1. I agree to comply with all rules and directions made by Willinga Park in connection with the Activity.
  2. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be read down to the extent necessary or, if it cannot be read down, severance of the provision will not affect the validity and enforceability of any remaining provisions.
  3. Notwithstanding anything to the contrary contained within this Agreement, this Agreement will not be read or applied so as to purport to exclude, restrict or modify any Federal or State law which by law cannot be excluded, restricted or modified.
  4. This Agreement cannot be changed by representations or statements by any agent or employee of Willinga Park.By checking the agreement box, I acknowledge that I have read and understand the terms of this Agreement, and that I have given up substantial rights by accepting it. I have accepted this Agreement freely and voluntarily.

Biosecurity Agreement 

By checking the agreement box, I declare that:

  1. the horse/s named in this entry form has/have been in good health, eating normally and not shown signs of illness. If any change occurs during the three days leading up to this event I will not bring my horse/s to Willinga Park.
  2. All horses will be shampooed, rinsed and allowed to dry, and their hooves will be picked clean of all solid material and washed with shampoo.
  3. All vehicles and equipment accompanying the horses will be cleaned to remove all solid material that could contain disease agents, and then disinfected.
  4. The procedures outlined in the Department of Primary Industries Biosecurity Manual have been undertaken to reduce the risk of spreading cattle ticks and the horse/s are tick free.
  5. I acknowledge that decontamination and disinfection procedures may be required of me if instructed by Willinga Park or the Event Organising Committee/Manager.
  6. I give my authorisation for Willinga Park or the Event Organising Committee/ Manager to call for veterinary inspection of the horse/s in my care, should they be showing signs of illness at any time during the course of the event. I agree to pay any veterinary fees incurred for the above-mentioned horse/s as a result of this veterinary examination.
  7. I acknowledge that there is a possibility that horses might become infected with disease agents as a result of any movements and if necessary horses and the premises will be quarantined in accordance with any Legislation covering such occurrences including policies and procedures in effect at that time.
  8. I agree and acknowledge that the Event Organising Committee/Manager, it’s State or National Affiliated bodies and their members are not in any way liable for any cost, expense, loss, damage, claim, action, proceeding or other liability incurred by or made against me as a result of any movement of horses to the Event.

General Equestrian Australia Indemnity

Riders and/or owners whose entries have been accepted, undertake to indemnify the Committee against all claims, losses, suits, and damages made against or suffered by the Committee by reason of any negligent act or omission on the part of any riders, trainers or attendants whilst they are attending, riding or otherwise handling a horse, and agree that any act or omission on the part of such riders or attendants found in any action against the Committee to be negligent, shall be deemed to have been negligent for the purpose of any claim under this indemnity.  Neither Willinga Park, Equestrian Australia, nor the Organising Committee or their appointed officials accept any liability for any accident, theft or illness to horses, riders, grooms or any person or property whatsoever.

I have read and understood the contents of this disclaimer and agree to abide by the conditions of entry for this event.

 

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