PLEASE READ & COMPLETE ALL DETAILS ON THIS FORM INCLUDING SIGNING WARNINGS UNDER THE VICTORIAN FAIR TRADING ACT 1999 AND THE AUSTRALIAN CONSUMER LAW (COMMONWEALTH) Under the Australian Consumer Law (Victoria) and under the Australian Consumer Law (Commonwealth), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that Gunnamatta Trail Rides (Supplier) is required to ensure that the recreational services it supplies to you are rendered with due care and skill; are reasonably t for any purpose which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier. Under section 32N of the Fair Trading Act 1999 and under the Australian Consumer Law (Commonwealth), the Supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. Exclusion, Restriction or Modification of Rights under the Australian Consumer Law (Victoria) & the Australian Consumer Law (Commonwealth). If you sign this form, you will be agreeing that your rights to sue the Supplier because services provided were not in accordance with the guarantees are excluded, restricted or modified as set out below. By signing this form, I agree that the liability of Gunnamatta Trail Rides for any death; physical or mental injury (as de ned in the Fair Trading Act 1999 and including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of a airs: - that is or may be harmful or disadvantageous to me or the community,
- that may result in harm or disadvantage to me or the community,
- that may be su ered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services is excluded.
PRIVACY STATEMENT - PRIVACY ACT 1988 TALENT RELEASE By completing this form you are supplying Gunnamatta Trail Rides with personal information that is needed to ensure your safety during your time with us. We are required to collect this information by our insurance company and by the department of Workplace Health and Safety. The information you provide will not be supplied to any other organization or used for any purpose other than which is stated above. TALENT RELEASE During your visit to Gunnamatta Trail Rides you may be photographed by a member of our staff. We love to capture the magic moments between rider and horse and encourage you to also share your photos with us on Facebook and Instagram. These images may then be used for promotion of Gunnamatta Trail Rides. If you wish to read our full Talent Release and Limited Liability Release please see the staff at reception. We greatly appreciate being able to take photos of riders and sharing the joy and adventure for others to see. FOR PARENTS SIGNING FOR MINORS PRIVACY STATEMENT - PRIVACY ACT 1988 By completing this form you are supplying Gunnamatta Trail Rides with personal information that is needed to ensure your safety during your time with us. We are required to collect this information by our insurance company and by the department of Workplace Health and Safety. The information you provide will not be supplied to any other organization or used for any purpose other than which is stated below. This document is a deed poll in favour of K Diamond Consulting Pty Ltd trading as Gunnamatta Trail Rides (supplier) of 150 Sandy Road, Fingal 3939 (Centre) and (Personnel). I, the undersigned, am aged over 18 years of age and am the parent or legal guardian of the participant or participants named on this form, see details below and overleaf. (Participant) I consent to the Participant attending Gunnamatta Trail Rides to take part on the horse riding activities and any other activity offered by the Supplier or otherwise in connection with it (Activities). I acknowledge and agree: - that I have read and understood the Supplier's rules and any other rules applying to the Activities;
- that the nature of the Activities involves being in the vicinity of horses and may include horse riding and that risks may arise during these Activities, including the risk of Personal Injury (as defined below);
- that the Supplier would be unable to feasibly operate the Business if it were liable for such risks; and
- that the Participant attends Gunnamatta Trail Rides and participates in all Activities at my own risk.
I indemnify Gunnamatta Trail Rides and each of its Personnel against any and all losses, costs, damages, expenses and liabilities (including legal costs on a full indemnity basis) sustained or incurred by Gunnamatta Trail Rides or any of its Personnel in connection with: - any claim, action, demand or proceedings (whether based in contract, tort (including negligence) or otherwise) by any person in relation to any Personal Injury occasioned by the Participant at, or as a result of, the Centre, or in the course of, or as a result of, any Activities;
- any failure of the Participant to follow any rules of the Centre or any directions given by Gunnamatta Trail Rides or its Personnel; or any act or omission of the Participant at the Centre or in the course of any Activities which causes or contributes to Personal Injury to any person.
In this deed poll, a reference to Personal Injury includes: death; physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); the contraction, aggravation or acceleration of a disease; the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs: - that is or may be harmful or disadvantageous to the person who suffers it or the community, or
- that may result in harm or disadvantage to the person who suffers it or the community.
I agree that in the event of the Participant being involved in an accident, becoming ill, or otherwise requiring medical treatment or care, Gunnamatta Trail Rides or its Personnel may, in their absolute discretion, obtain medical treatment for the Participant & that I must pay all expenses incurred in obtaining such medical treatment or care. Signed, sealed & delivered as a deed poll by a parent or guardian of the Participant who is under 18 years: |