4. ACKNOWLEDGEMENTS
The Participant acknowledges, understands, agrees and accepts that:
4.1 There are obvious, significant and inherent risks associated with participating in the Activities and all activities involving horses (Risks), including, but not limited to, injury of any kind to the Participant (including paralysis, brain injury or injury leading to a physical or other disability) and/or their horse/s, injury that may cause or result in the death of the Participant and/or their horse/s and/or may cause damage to the property of the Participant.
4.2 Each and all of the Risks can and may occur even in circumstances where the Participant and the Coach have conducted themselves with all due care and skill and the venue is appropriate and safe for the Activities. Often, the Coach cannot control or influence what occurs at or around the venue.
4.3 They engage in any and all of the Activities voluntarily and at their own risk.
4.4 If at any time before or during the course of the Activities, the Participant forms the view that it is unsafe to engage in, or continue to engage in, the Activities they will notify the Coach of this and immediately refuse to participate in, or participate further in, the Activities.
4.5 They will follow the direction of the Coach at all times.
4.6 They will pay due regard and attention to the safety of all other people present at the venue, whether participating in the Activities or not.
4.7 They will not participate in the Activities if:
a) they are under the influence of drugs or alcohol other than prescription medication;
b) they are not in good health;
c) they have not disclosed to the Coach all physical injuries, disabilities, illnesses or conditions that they have at the time of the Activities;
d) they have not honestly disclosed their level of experience with horses to the Coach or
e) any of the equipment that they are using or that is on their horse is not in good and safe condition and suitable for the Activity.
4.8 Any rights that they may have under the Competition and Consumer Act 2010 (Cth) are excluded to the fullest extent permitted by law.
4.9 In entering into these terms they have not relied on any warranty, representation or statement, whether oral or written, made by the Coach or any of her employees, contractors or agents relating to or in any way connected with the Activities.
5. CLAIMS
5.1 The Participant hereby covenants and agrees that they will not make any claim or bring any legal action against:
a) the Coach or her employees, contractors or agents; and/or
b) the owner, lessee or licensee of the premises on which the Activities are being held from time to time;
for any loss, damages, cost, expense or other claim (including for consequential damages, loss of profits, revenues or income) whatsoever and however arising from their participation in the Activities (Claim). This includes any Claim that arises in any way from any of the Risks or from any error, omission or negligence on the part of the Coach.
5.2 These terms are governed by the laws of the State of Western Australia and are intended to be as broad and inclusive as permitted by law.
5.3 In the event that any part of these terms are invalid, illegal or unenforceable for any reason, the balance of these terms shall continue in full force and effect.