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Warning: By signing this form you give up the right to sue.
To:
- S & K Baird
Trading as Bogong Horseback Adventures
(hereinafter called Bogong Horseback Adventures)
To:
- The various Land Management Authorities who
grant the Licence to operate this adventure trip
or activity, being the Licensor.
And
IN CONSIDERATION of Bogong Horseback Adventures accepting my application for, and my being permitted to participate in the proposed activity on the land owned by the Licensor or elsewhere.
I AGREE to this release of claims, waiver of liability and assumption of risk (collectively, this Agreement).
I WAIVE any and all claims I may now and in the future have against, and release from all liability and agree not to sue Bogong Horseback Adventures, its officers, employees, guides, principle agent, other agents or representatives (collectively, its Staff) or the Licensor for any personal injury, death, property damage, or other physical, mental or economic loss sustained by me as a result of my participation in a proposed activity with Bogong Horseback Adventures due to any cause whatsoever, including without limitation, negligence on the part of Bogong Horseback Adventures, its Staff, or the Licensor.
I AM AWARE that your proposed activity, in addition to usual dangers and risk inherent, has certain additional dangers and risks, some of which may include:
- The unpredictability of animals — however well-trained and normally docile they may be;
- Physical exertion for which I may not be prepared;
- Remoteness to normal medical services;
- Weather extremes due to sudden and unexpected change;
- Evacuation difficulties if I am disabled;
- Hard hats — I acknowledge that I have been strongly advised by Bogong Horseback Adventures to wear a hard hat while mounted on my horse on this tour. I further acknowledge and agree that I will take full responsibility for any head injury sustained by me because, despite the advice of Bogong Horseback Adventures, I made a personal decision not to wear a hard hat while mounted on a horse during this adventure trip;
- Alcohol — I understand the dangers of consuming alcohol whilst riding or in remote camping situations and I will accept full responsibility for any injury or incident provoked or caused by my consumption of alcohol whilst on this adventure tour.
I ACCEPT all the inherent risks of the proposed activity and possibility of personal injury, death, property damage or other physical, mental or economic loss resulting therefrom.
I ACKNOWLEDGE that the enjoyment and excitement of adventure activity is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation.
I AGREE that if I suffer injury or illness, Bogong Horseback Adventures can, at my cost, arrange medical treatment and emergency evacuation service as Bogong Horseback Adventures deems reasonably necessary for my safety and well-being.
IN ENTERING into this agreement I am not relying on any oral, written or visual representatives or statements by Bogong Horseback Adventures or its staff, or any other inducement or coercion to go on the adventure trip, hence only of my own free will.
I CONFIRM that I am at an age of legal consent (not less than 18 years) and that I have read and understand this Agreement prior to signing it and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators and successors.
I CONFIRM that I am parent/guardian of (NAME OF MINOR): a minor undertaking this adventure trip and that I have read and understand this Agreement prior to signing it, and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators and successors.
I AGREE that this agreement shall be governed in all respects by and interpreted in accordance with the laws of the State of Victoria and/or the Commonwealth of Australia.
I AGREE to sign a document as above at the tour premises prior to departure.
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