SUPPLEMENTARY RISK WARNING, WAIVER AND RELEASE OF LIABILITY – HIGH-RISK ACTIVITIES

The Participant and Heritage Riding acknowledges the Risk Warning, Waiver and Release Liability document as previously signed by the Participant (Initial Waiver).

This document does not replace and is supplementary to and is to be read in conjunction with the Initial Waiver.

By participating in the activities organised by Heritage Riding, the Participant acknowledges and agrees it is a condition of participation that the Participant (or if the Participant is under the age of 18years of age, the Participant’s parent or guardian) signs this Supplementary Risk Warning, Waiver and Release of Liability – High-Risk Activities

Activities conducted by Heritage Riding which may be classed as high-risk activities include Cross Country courses, Show Jumping courses and Obstacle courses (High-Risk Activities).

The definition of ‘Activities’ in the Initial Waiver is to be read to include ‘High-Risk Activities’.

The Participant acknowledges, agrees and declares that:

participation in High-Risk Activities is not for beginners and require competency and basic training and skills and such other training as Heritage Riding believes the Participant requires;

the Participant has been made aware of the training and competencies required to participate in the High-Risk Activities;

the Participant voluntarily participates in the High-Risk Activities notwithstanding that Heritage Riding may have recommended that the Participant not participate in the High Risk Activities;

the Participant voluntarily participates in the High-Risk Activities notwithstanding that Heritage Riding has not confirmed that the Participant has the requisite competency, training and/or skills to undertake the High-Risk Activities.

Supplementary to the Initial Waiver, the Participant acknowledges, agrees and understands as follows:

the Participant undertakes the High-Risk Activities freely and voluntarily and assumes all risks associated with their participation in the High-Risk Activities.

the High-Risk Activities supplied by Heritage Riding, involve certain inherent risks or dangers that may occur to the Participant and others, including but not limited to:

falling at great heights;

being thrown, trampled or kicked by a horse;

collision with horses or structures on obstacle courses, cross country or showjumping courses.

the High-Risk Activities involve both obvious and inherent risks as defined in the Civil Liability Act 2003 (Qld).

the High-Risk Activities may be undertaken with one (1) or more other persons as part of a group and that Heritage Riding is not liable for the actions, conduct or behaviours of other participants in the group.

Generally: The Participant voluntarily accepts all risk associated with the High-Risk Activities, releases Heritage Riding together with its employees, contractors and agents from any and all liability arising from the Participants participation in the High-Risk Activities and waives any claims related to injuries, damages or losses.

Liability: Heritage Riding, its employees, contractors and/or agents will not be held liable for any injury, damage, loss, consequential loss, claim or demand whatsoever, whether direct or indirect, which may arise during, in association with, participation in or traveling to or from the High-Risk Activities.

Release and indemnity: The Participant agrees:

to unconditionally release and discharge Heritage Riding and its directors, officers, employees and agents, from and against all liability, claims, actions and demands of whatsoever nature arising out of any accident, injury, loss, disease, or illness which maybe fall the Participant during or as a result of the Participant’s participation in the High-Risk Activities or whilst travelling to or from the activities, including but not limited to claims in negligence, contract or breach of statute;

to indemnify and keep indemnified Heritage Riding and its directors, officers, employees and agents and forever hold harmless Heritage Riding in respect of any liability, claims, actions and demands for personal injuries.

Exclusions: The Participant understands and agrees that the exclusions and the waiver and release of liability set out in this document, are ongoing and will apply to all future occasions in which the Participant engages in High-Risk Activities supplied by Heritage Riding.

Acknowledgement: The Participant has read this document and fully understands and accepts the conditions stated herein and acknowledges that this document will be binding upon the Participant, the Participant’s successors and assigns.