Widgee District Hall & Recreation Association Inc.
ABN 62 789 218 436
PO Box 1 Phone: 54840282
Widgee Qld 4570 Fax: 54840277
LIABILITY WAIVER DEED
WARNING
This is a Legal document that affects your
rights.
If you do not understand any part of this document you should
seek legal advice as to it’s meaning and effect prior to signing it.
This Deed made on the date appearing below
I, (Name) --------------------------------------------------------------------------------
Of (Address) ---------------------------------------------------------------------------
(Telephone)
----------------------------------------------------------------------------
(“The Licensee”)
In consideration of the Widgee District Hall & Recreation Association Incorporated (“WHR”) permitting me (The Licensee) to use the WHR grounds to ride, race, train or otherwise work horses thereon.
IN WITNESS WHEREOF
I understand that:
1. Working with horses is a dangerous recreational activity in an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to myself or others.
2. There are potentially significant risks and hazards involved with working with horses and that horses are powerful and can be unpredictable and potentially dangerous animals.
3. The management committee and members of the WHR make every effort to maintain the grounds but am responsible for ensuring the area in which I ride is safe to do so.
4. I am responsible for taking any necessary precautions to minimize risk, damage and injuries.
5. I am responsible for the control and welfare of any horse in my care or which I elect to ride and for ensuring that I am capable of managing such horse in the interests of my own safety, and that of other people, horses and property.
6. If I have a medical condition or impairment which may affect my capacity to act safely and in the best interests of the welfare of myself, other people and horses, then I take full responsibility for any consequences of such medical condition or impairment.
7. WHR has no public liability insurance in respect of personal injury to any person which arises directly or indirectly out of or caused by, through, or in connection with their participation in any capacity in horse riding, racing or training and in respect of death or injury to animals.
I confirm that:
8. I have been advised to obtain my own insurance, insuring myself against any claims which may made against me in respect of personal injuries to any person which arises out of or in connection with my use of the WHR grounds or directly or indirectly out of or caused by, through or in connection with their participation in any capacity in horse riding, racing or training.
9. I have/have not obtained such insurance.
(Please cross out that which does not apply)
10. I will only use the WHR grounds of my own volition and will do so at my own risk.
11. I have received and read a list of “do’s and don’ts” and “warnings of risks” attached to this document and fully understand the risk I am taking in using the WHR grounds.
I agree:
12. To release and discharge WHR and all office holders, employees, agents, contractors, and volunteers of WHR and all persons associated with WHR from all liability (including liability for their negligence) for any personal injury or other injury or loss or damage I may suffer in any way arising out or in connection with my use of the WHR grounds in any capacity in horse riding, racing or training or for any other claims for injury or loss or damage which may suffer be brought by me or on my behalf at any time.
13. To indemnify WHR and all office holders, employees, agents, contractors and volunteers of WHR and all persons associated with WHR from all liability in respect of any personal injury or other injury or loss or damage which may be suffered by another person or persons arising out of or in connection with any negligent or willful act or omission by me in any way arising out of or in connection with my use of the WHR grounds in any capacity in horse riding, racing or training.
14. This document may be pleaded in bar to any action, claim, demand or proceeding brought now or in the future by myself or any person arising out of or in connection with my use of the WHR grounds to ride, race, train or otherwise work horses thereon.
15. That horse riding, racing or training is a dangerous recreational activity as defined by Section 18 of the Civil Liability Act Queensland.
I certify that I am 18 years of age or older and I have read this document and fully understand it.
Signed, sealed and delivered as a Deed by
Name of Licensee (Print Name) ---------------------------------------------
Signature Of Licensee---------------------------------- Date------------------
In the presence of
Witness (Print Name)-------------------------------------------------------------
Witness Signature------------------------------------------------------------------
Widgee District Hall & Recreation Association Inc
WHR will not make any assessment of your ability or skill to ride your horse but if you are identified by a member of the executive committee or other person authorized to be at obvious risk to yourself, animal or another permission to use the grounds will be immediately revoked.
The management committee requires that you DO:
· Ensure that the horse you are riding is within your riding capability prior to mounting or working on the grounds.
· Ensure that your tack and gear is well maintained and correctly fitted.
· Ensure someone is aware of your use of the WHR grounds on each and every occasion of use.
· Ensure your horse is free of injury or lameness that may effect its performance.
· Inspect the grounds to ensure no hazards are identified before entering your horse.
· Advise a committee member of any identified risks on the ground observed by you during use
· Discontinue use the grounds if you have a safety concern which has not been rectified for any reason.
· Wear appropriate clothing and footwear at all times.
· Those under 18 years of age must wear a skull cap at all times mounted on a horse on the WHR grounds and must be accompanied by a parent or guardian.
The management committee require that you DO NOT:
· Ride horses unknown to you.
· Ride in slippery conditions.
· Double other passengers on your horse.
· Ride under the influence of drugs or alcohol.
· Ride bareback or with unsound equipment.
I am aware that there are the following (not exhaustive list of) risks:
· Personal injury including fatal accidents.
· Injury or death of animal.
· Injury or death or another or self due to slips, trips, knocks, running into erected fences etc or falls which may cause spinal and head injuries, sprains, strains and abrasions, broken bones and cuts and lacerations or numerous other injuries.
Signature of Licensee-----------------------------------------Date------------------