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Risk Warning and Waiver of Liability

Name of Provider: DR & JL Austin T/A ‘Taronnah’ and ‘Hillcrest’ 

Address of Provider: 13 Morgan Rd BELROSE NSW 2085, and 31 Hilversum Cres BELROSE 2085 

IMPORTANT: The following pages affect your legal rights and obligations. Please read these carefully and only sign if you fully understand their contents. For persons/participants under 18 years of age, or without legal capacity, this Risk Warning and Waiver of Liability must be completed by a parent or legal guardian. By signing this Risk Warning and Waiver of Liability, you agree it applies to any Activities undertaken by you (or the person for whom you sign) at any time during the calendar year of 2024, ending on 31 December, 2024.

Description of Activities 1:

Attending the properties known as Taronnah and/or Hillcrest (the Properties) and/or observing or participating in any programs conducted at either or both of the Properties (Relevant Programs).

The Properties have on them a variety of animals, including horses, dogs, geese, chickens, rabbits, wildlife and other animals. The activities covered by this Risk Warning and Waiver of Liability include (but are not limited to) being present on the Properties and / or observing or participating in a Relevant Program, which may involve being in the vicinity of and/or handling such animals. 

This Risk Warning and Waiver of Liability also includes any activities which the visitor and/or participant initiates or undertakes on the Properties, whether as part of a Relevant Program or not.

The above mentioned activities are referred to in this Risk Warning and Waiver of Liability as “the Activities”.  

In this form, “Provider” includes the provider named above and their employees, agents and representatives, and also includes any person providing voluntary assistance on the Properties or in connection with the Relevant Programs. 

Risk Warning and Acknowledgement  

I am aware that by my participation in the Activities, I am exposed to risks and dangers, including: 

  • Physical, bodily or psychological injury or death.
  • Physical exertion to which I am not accustomed.
  • Failure of equipment or use of inadequate equipment.
  • No or inadequate facilities for treatment or transport to treatment if I am injured.

Activities includes all activities and services ancillary to or associated with the named Activities, both before and after the Activities, including 1 transportation to and from the location of the Activities whether provided by the Provider or not, briefings, inductions, training, and the provision of information in all manuals, safety guidelines and other documentation provided to or made available to the Participant with respect to the Activities, familarisation with clothing or equipment and methods of operation of equipment and the wearing and removal of any clothing or equipment associated with the Activities. Unless otherwise specified, a reference to an Activities is a reference to a recreational service or a recreational activity as defined in relevant legislation referred to herein.

  • The conditions in which the Activities are conducted may vary without warning.  
  • Injury, serious injury or death from movement or actions of animals.  
  • I may cause injury to other persons and/or other persons may cause injury to me.  
  • I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of the provider. 

I acknowledge that the Activities may be undertaken with one or more other persons as part of a group and that the Provider is not liable for the actions of other participants in the group activity. 

By signing below, I acknowledge, agree and understand that I will be exposed to the above mentioned risks. I undertake any such risk voluntarily and at my own risk.

I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW). 

Participant’s Warranties

I agree to abide by any rules, directions or instructions given to me by the Provider or their representatives, during the course of (or prior to) the Activities. This includes any direction or instruction with respect to the wearing or use of any required equipment or clothing. 

I agree to wear enclosed footwear at all times.

I agree that whilst at the Properties (or either of them), I shall not take photos or videos.

The Provider may, in its discretion, take photographs of your participation in the activities.

I agree that I shall not at any time, without the Provider’s written consent, publish, post, reproduce, copy or disseminate, by any means (including without limitation social media, email, text message or any other form or electronic or written communication) any photograph or image of the Properties, or the activities undertaken at the Properties or the participants in those activities. 

I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person.

I agree that if I suffer any injury or illness, the Provider may provide evacuation, first aid and/or medical treatment at my expense and that my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.

I declare that I have not consumed any alcohol or mind altering substance, or medication that may impact my judgement or physical capacity, before or at the time of engaging in the Activities. 

Exclusion of liability

I agree to and unconditionally release, waive, discharge and forever hold harmless, the Provider or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by the Provider’s negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities.

I agree that the Provider will not be liable for any claims for personal injury that may be brought against it as a result of or in connection with any act, omission, default, failure or error on the part of the Provider, and agree to indemnify and keep indemnified the Provider in respect of any such claims.

Waiver

It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the Provider in relation to the Provider’s services or the Activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below. 

By signing this form, you agree that the liability of the Provider in relation to the Activities (as defined by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and recreational Activities (as defined by the Civil Liability Act 2002 (NSW)) for any:

(a) Deaths;  

(b) Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);  

(c) The contraction, aggravation or acceleration of a disease;  

(d) The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual: 

(i) That is or may be harmful or disadvantageous to you or the community; or  

(ii) That may result in harm or disadvantage to you or community;  

That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded. 

You acknowledge and agree that the above provision operates to exclude the liability of the Provider as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5N of the Civil Liability Act 2002 (NSW).

Agreement to exclude, restrict or modify your rights:

I agree that the liability of the Provider for any personal or other injury that may result from the supply of the recreational services (including the Activities) that may be suffered by me (or by a person for whom or on whose behalf I am acquiring the services) is excluded.

Declaration and signature (for persons/participants 18 years or over, and with legal capacity):  

I have read carefully and understand this risk warning and waiver of liability and sign it feely and voluntarily without inducement of any kind.

January 21, 2025

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Photo release:
I hereby grant permission for use of my likeness in a photograph or other digital reproduction in any and all of the Provider’s publications without payment or any other consideration. I understand and agree that these materials will become the property of Taronnah.
In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to use of the photograph. I hereby hold harmless and release and forever discharge Taronnah from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators, or any other persons on my behalf or on behalf of my estate have or may have by reason of this authorisation.

For Persons/Participants under age 18, or without legal capacity:

I, as a parent/guardian with legal responsibility for the person/participant, who will be engaging in the Activities, acknowledge, understand and accept all of the above in respect of the person/participant for whom I am responsible. 

I release and agree to indemnify and hold harmless the Provider from any and all liabilities arising from the involvement or participation of the person/participant for whom I am responsible in any of the Activities and/or recreational services, even if arising from the negligence of the Provider, including by their employees, agents, volunteers or representatives. 

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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