Journey Equine ABN 39 127 815 160
RISK WARNING & WAIVER
Warning: A horse, donkey, mule, hinny and any kind of equid (hereafter referred to as ‘equid’) is a large, heavy, herd animal, a creature of flight and can react without warning. It has highly developed senses of hearing, sight and smell, which can make its behaviour towards sounds, sudden movement, and unfamiliar objects, people or other animals, unpredictable and potentially harmful to the rider, handler and any person in the vicinity of the equid (individually and together referred to hereafter as ‘at risk individuals’).
Regardless of its size, weight or age, an equid can (amongst other behaviours) bite, bolt, buck, fall, jump, kick, pig-root, rear, roll, shy, slip, stop and turn, stumble, or stand on a person, while at risk individuals are on or near the equid. As a consequence, at risk individuals will be exposed, by interacting with an equid, to the possibility of death, serious permanent injury (including spinal and brain injury) or minor injury from a fall, kick, drag, crush, bite or knock, even if they act safely and wear a required riding helmet and footwear but especially if no such helmet or footwear is worn or they are affected by drugs, alcohol, medication or an existing medical condition, including pregnancy.
Ride and Handle Equid at Own Risk: While Journey Equine has used due care and skill in formulating and giving information and advice, it remains the responsibility of at risk individuals to comprehend and evaluate the appropriateness of such information and advice before applying it to their own circumstances.
If at risk individuals have any hesitation, doubt or difficulty in applying any information and advice, they must always seek in-person help and supervision from someone experienced and qualified after taking into account their particular circumstances.
At risk individuals ride and handle an equid at their own risk.
Waiver: At risk individuals release and discharge Journey Equine, its principals, employees and agents from all claims and legal liability of any kind for personal injury, harm or death to or of themselves caused by or arising out of:
• errors or omissions (whether negligent or not) contained in any information or advice;
• reliance on any information or advice;
• breach of an implied warranty or condition or statutory guarantee under the written or unwritten law of the States, Territories and Commonwealth of Australia; and
• breach of a guarantee under Subdivisions A and B of Division 1 of Part 3-2 of the Australian Consumer Law of any jurisdiction in relation to any information or advice (the provisions of which subdivisions being hereby excluded).
If this waiver is held void, voidable or unenforceable (in the event that it can not be read down so as to remain operative), liability is limited to the replacement or resupply of the information or advice.
When you request or receive any information or advice from Journey Equine, you are bound by this risk warning and waiver
© 2018 Horseforce Legal