ABOUT US AND THE EVENT

Thank you for joining us at Lagoballo (ABN: 73 667 038 960) (we, our or us) for the Event held by or with us.

ABOUT YOU

When we refer to the word “you” or “I” (I, you or your) in this Accident Waiver and Release of Liability Form (Waiver), we are referring to the person who will be carrying out the Activities at the Event and whose name and signature appears at the bottom of this form.

WAIVER DETAILS

1. Registration for Event

1. By registering for the Event you warrant and represent to us that:

   1. You are eligible to participate in the Event;

   2. You will comply with the Waiver (as set out below);

   3. Where you are under the age of 18 years, you have the permission of your parent or guardian who has signed this consent and waiver on your behalf; and

   4. you engage in the Activities at your own risk;

      
      

2. Eligibility to participate in the Activities

1. If you are under the age of 18 years at the date of the Event, your parent or guardian must accept this accident waiver and release of liability form (Waiver) on your behalf. Where no such consent is included, you warrant to use that you are 18 years of age or older on the date of the Event.

2. To participate in the Activities and/ or the Event, you:

   1. must be both physically and medically fit;

   2. must be of sound mind and body;

   3. must not be under the influence of alcohol or illicit or prescription drug that will impair your ability to understand the contents of this Waiver or the consequences of participating in the Activities;

   4. must comply with any directions we give you or the organisers of the Event or Activities give you;

   5. agree that in signing this Waiver you acknowledge that you do not have any physical, intellectual, cognitive or other impairment that may cause danger to you or to others participating in the Activities at the Event.

   6. enter into this Waiver and participate in the Event and Activities voluntarily and by your own free will, without any undue influence from any third party, including but not limited to the Event organiser or any other participant at the Event;

   7. understand that the Activities and/ or Event may involve physical or sporting activities or otherwise contain an element of risk;

   8. release us from the obligation to carry out any physical tests or other enquiries about your fitness or suitability otherwise to participate in the Activities and/ or Event; and

   9. must seek medical or other appropriate advice from a qualified professional before attending the Event and participating in the Activities if you are unsure whether your medical or physical fitness is adequate to participate in the Event and/ or Activities.

3. We reserve the right to stop you participating in the Activities

1. We reserve the right to refuse you Entry to the Event or to participate in any of the Activities where you do not meet the requirements set out in clause 2 above (Eligibility to participate in the Activities).

4. Your obligations

1. If your fitness levels or something else changes in between registering for the Event and participation in the Event and/ or Activities, you must tell us in writing where there is such a change (Notice). Where we do not receive Notice from you, we will rely on the absence of any such Notice as evidence that you are suitably able to participate in the Event and/ or Activities.

2. In participating in the Event and/or Activities, you consent to receive medical treatment that the Event organisers arrange on your behalf (including emergency service and ambulance services) on your behalf if this is deemed necessary during or shortly after the Event. You agree to reimburse us for the cost of any such medical treatment, including the fees for calling an ambulance on your behalf.

3. You participate in the Event and Activities at your own risk and agree to comply with all applicable laws and regulations at all times.

4. You are required to have your own insurances to cover you, your minors and horses for your activities. If you do not, you waive your right to sue or seek damages or any associated costs from Lagoballo accordingly.

5. Risks, liability and indemnity

1. You acknowledge that participation in the Activities and the Event can be inherently dangerous and that you may be exposed to certain risks during the Event, including but not limited to overexertion, serious accidents, exposure to a range of potential hazards and other relevant risks related to the Activities (Risks). Further, you understand that the Risks may result in you being personally injured or killed. Accordingly, by participating in the Event and signing this Waiver you agree that you:

   1. have read and understood the risks association with participating in the Event and the Activities at the Event;

   2. understand this warning about the Risks and in proceeding with participation in the Event, assume and accept the Risks; and

   3. acknowledge that where you are a consumer of “recreational services” as defined by the Competition and Consumer Act 2010 (Cth) or any relevant state or territory law, certain terms and rights usually implied into a contract for the supply of goods and services may be excluded. You acknowledge that these implied terms and rights and any liability we may have arising from them, are expressly excluded to the extent permitted by the law. To the extent of any liability arising, our liability will, at our discretion, be limited in the case of goods to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the fee to participate in the Event.

6. Release and indemnity

1. In consideration of our accepting your attendance at the Event and participation in the Activities, you:

   1. agree to release us from all Claims that you may have or may have had but for this release arising from your participation in the Event and Activities; and

   2. indemnify us and keep us indemnified in respect of any Claim (including for negligence, breach of contract or breach of statute) by any person including another participant of the Event arising as a result of, or in connection with, your participation in the Event or arising as a result of you transferring your ticket in the Event to another person to participate in the Event and Activities in. your place. This indemnity may be pleaded as a bar to any Claims. The releases and indemnities in the Waiver continue forever and bind you, your heirs, executors, legal personal representatives and assigns.

2. In this release and indemnity, the following definitions apply:

   1. Claims means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense, howsoever arising including but not limited to negligence.

   2. We, us or our includes the Event organiser, all respective directors, employees, agents, contractors and volunteers association with the event, including any medical personnel appointed for the Event (where applicable).

3. A term of this release and indemnity will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken however such terms are severable and do not invalidate the remaining terms.

7. Insurance

1. You are required to have your own insurances (Insurance) to cover you, your minors, horses and equipment for your activities. If you do not, you waive your right to sue or seek damages or any associated costs from Lagoballo accordingly. You also agree that you can, in your own interests and at your own expense, obtain personal insurance over and above any Insurance we provide.

2. You acknowledge and agree that we may, at our option, have insurance in place which provides limited cover to you while you participate in the Event and Activities (Insurance). You understand that this Insurance may not cover you for all injury, loss or damage sustained by you in participating in the Event and Activities and acknowledge that we do not make any representations about the suitability of type of Insurance.

8. Governing law

1. You agree that the Event is governed by the laws of the state or territory in Australia in which the Event takes place.

SECURITY CAMERA USE

Lagoballo has security cameras in use on the property. This is for the safety of any visitor's and animals whilst on the property and, any access/use around the property itself. By signing this Waiver you are acknowledging and granting permission to be recorded (audio and visual), along with any visitor's you supervise whilst on-site. This is in accordance with the NSW Surveillance Devices Act 2007.

DAMAGES

Lagoballo property & equipment includes, but not limited to: 

• All buildings, furnishings and equipment

• Kitchenette

• Feed, tack, tack-up areas

• Laneways/pathways

• Driveways/roads

• Toilets and amenities

• Electronic equipment (including the hired hardware on offer)

• Safety equipment

• Horse arena, and associated equipment (i.e. jumps, arena rake etc.)

• Farm equipment (i.e. quad bike, sprayer, mower etc.)

• Fencing

  
  

Visitors and agistees need to be mindful that all equipment which they use, or has been issued to them, is the individual responsibility of all people to:

• Ask permission to use Lagoballo property

• Never remove property from the premises without permission

• Never use property under the influence of drugs or alcohol

• Care for, safeguard and maintain property and equipment

• Immediately report to the Lagoballo owner, any theft, loss, tampering or misuse of property

• Keep all areas clean and tidy

Requirements under Loss/Damage/Theft

It is the responsibility of the agistee/visitor to notify Lagoballo personnel immediately of loss/damage/theft to item(s), as to the occurrence and/or explanation thereto. If the item (s) have been stolen, Lagoballo requires the agistee/visitor to complete an Affidavit at their nearest Police Station within 24 hours from the estimated time of theft and forward the original document to Lagoballo (info@lagoballo.net). 

Security recordings will be reviewed to support such occurrences.

Consequences under Gross Negligence or Theft

Lagoballo will conduct an investigation into any lost, damaged or stolen property. Anyone found grossly negligent or have committed theft will be referred, with supporting security camera recording footage, to the Police and seek recovery costs, to replace/repair property.

PERSONAL DETAILS

Medical Conditions

HORSE(S) DETAILS

If you are handling and/or riding any horse, please fill out this section.

RELEASE OF WAIVER & LIABILITY

I, the undersigned, in consideration for being permitted to participate in any way in horse sport activities, understand, acknowledge and accept that:  

• Horse sports are a dangerous recreational activity and horses can act in a sudden and unpredictable way

• There is a significant risk that serious injury or death may result from horse riding and associated activities and freely assume all such risks, even if arising from the negligence of Lagoballo and/or the registered Coach or others 

• I voluntarily participate at my own risk, and assume sole responsibility for any injury, death or property damage I may suffer

• I understand and acknowledge any additional person(s) (whether this be an adult or persons under the age of 18) I bring onto the property, are under my supervision, and any injuries, illnesses, damage or death are soley my responsibility; I must also ensure that they are aware of their responsibilities in accordance with the Lagoballo Culture Commitment and behave respectfully and responsibly around others and horses alike

• I understand and acknowledge the dangers associated with and agree to not consume alcohol or any mind-altering drugs before and during the activity and I take full responsibility for any injury, loss or damage associated with their consumption

• I will follow the directions of Lagoballo (owners and staff), any Coach and understand that any misconduct or refusal by me to follow these directions can result in the cancellation of my participation and my immediate removal from my horse no matter where that may occur. I understand that any such non-compliance may result in injury, death and or permanent disability and I agree to indemnify Lagoballo and or the registered Coach or others against all claims made by any person as a result of my failure to comply.

• I agree to ensure I have my own insurances for myself, minors, horse(s) and equipment and waive my rights to sue or collect costs from Lagoballo accordingly.

• I agree to wear a helmet at all times whilst participating in horse activities and agree that I am solely responsible for my actions.  

• You agree to immediately report and injury to yourself or your horse to the person in charge of the activity, or Laura Ushay. 

• You authorise Lagoballo, Laura Ushay and its personnel to administer First Aid/call an ambulance, if deemed necessary for the medical attention of you. You personally agree to bare any and all costs thereby incurred. 

• You authorise Lagoballo, Laura Ushay and its personnel to administer First Aid/call a veterinarian, if deemed necessary for the medical attention of your horse (where we cannot get in reasonable contact with you). You personally agree to bare any and all costs thereby incurred. 

• You authorise Lagoballo, Laura Ushay and its personnel to record you and your activities through the property's security cameras. This authorisation also extends to the recording of any visitors under your supervision. You acknowledge that you will be personally responsible for any official or legal consequences that may arise.

I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless and agree not to sue Lagoballo and/or the registered Coach, their officers, officials, volunteers, agents and/or employees,  other participants, sponsoring agencies, sponsors, state bodies, affiliated clubs and if applicable, owners and lessors of premises used to conduct the activities with any respect to and all injury, disability, death, or loss or damage to person or property, whether  caused by the negligence of these parties or otherwise.

EFFECT OF THIS DOCUMENT

I have had sufficient opportunity to read this release of liability and assumption of risk agreement, fully understand its terms,  understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without inducement of any  kind.

I understand that my signature to this document constitutes a complete and unconditional release of all liability of Lagoballo and/or the registered Coach and others, to the greatest extent allowed by law in the event of me and/or the children  under my care, suffering injury or death.

For Participants of Minority (Under Age 18)

This is to certify that I, as a guardian with legal responsibility for this participant, acknowledge, understand and accept all of  the above and consent and agree to his/her release as provided above of Lagoballo and/or the registered Coach  and others, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless these  parties from any and all liabilities arising from my minor child’s involvement or participation in horse sport activities, even if  arising from the negligence of the above mention parties.

AGREE & SUBMIT