Terms and Conditions

WAIVER OF LIABILITY 

 

The purpose of this agreement is to limit the liability of Holly Rachael van Slooten (“Provider”) trading as Horses with Holly, to exclude liability for any personal injury or death to, and any property damage suffered by, the Participant and/or any other people in the care and control of the Participant, howsoever caused.  In signing this form, the Participant acknowledges that these are the terms and conditions of this agreement, and that by signing this form you are waiving your rights to sue the Provider for all or any losses relating to personal injury or death or property damage.  Under the provisions of the Australian Consumer Law (ACL) as contained in schedule 2 of the Competition and Consumer Act 2010 (Cth) and various State laws conditions are implied into contracts that mean that the provider of the Recreational Services (detailed below) is required to ensure that the Recreational Services it sells or provides to you are rendered with due care and skill, are fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances or might reasonably be expected to achieve the result you have made known to the Provider.

 

The Participant acknowledges that the activity being undertaken for the purpose of recreation, enjoyment or leisure which involves a significant degree of physical risk. The Participant acknowledges that the Provider is providing Recreational Services (detailed below) which means providing facilities for participation in a recreational activity including horse riding, or training or supervising of persons to participate in the recreational activity. The participant hereby acknowledges that in attending the Property (referred to below) or participating in the recreational activity including horse riding, that there are inherent risks involved to him or her or other people in their care and control, including risks inherent in the nature and unpredictability of Horses, riding horses and potentially being injured by or falling from horses. The Participant also acknowledge that the purpose of the recreational activity is for the benefit of the Participant and/or for the benefit of those people attending with the Participant and that at all times the Participant is responsible for his or her own actions and the actions of those other people in his or her care and control.

 

The Recreational Services includes attending at the property at 571 Counter Road, Wolvi, Queensland 4570 (“Property”) and participating in all or any of the following:

1. Horse riding;

2. Handling, training and riding brumbies or feral/young horses;

3. Overnight camping including being around open fires; and

4. Off property rides in adjacent forestry (Toolara State Forest) with dangers including the following

• Wild Animals

• Cars 

• Motorcycles 

• WildFires

• Recreational walkers

• Cyclists

 

The Provider has taken all reasonable steps to avoid the danger of personal injury or death and property damage by carrying out regular equipment inspections and providing qualified guides and instructors.  Emergency procedures are in place with contingency plans in place for emergencies including all staff being qualified in first aid. 

 

The Participant acknowledges that during all times while he or she is attending the Property and/or participating in the Recreational Activity he or she does so at his or her own risk and that the Participant and other people in the care and control of the Participant will not hold the Provider, or any of her employees, or agents, or the owners or occupiers of the Property, liable for any personal injury or death or property damage whether caused by the negligence or breach of contract of the Provider its employees or agents howsoever caused. The Participant acknowledges that in the event that he or she or any of the other people in their care and control find either or any of them is in difficulty that they shall stop the activity or request that the activity be stopped if appropriate, and seek help and/or assistance and advice from the Provider.

 

I declare that I am 18 years of age or older and I hereby take full responsibility for myself and the child/children/underage person/s named above, and that those named are in good health and are NOT PREGNANT and that THEY WILL BE THE ACTUAL RIDERS.  

 

Declaration and signature: by signing this agreement I understand that the Recreational Services about to be sold or supplied to me, as set out in this form, may cause me and/or my dependents personal injury or death or property damage.  By signing this agreement, I understand that I and my dependents waive our rights to sue the Provider for any losses relating to my and or my dependents personal injury or death or property damage that result from any negligence or breach of contract of the Provider. I have read and understood this agreement and this waiver of liability and agree to its terms.

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Cancelation policy When you book your appointment, you are holding a space on our calendar that is no longer available to our other clients. In order to be respectful bookings are in high demand, please contact us within a minimum of 7days of your booking to let us know you will not be able to make it to your appointment.

 

If you need to cancel, postpone or move your ride, please notify us a minimum of 7 days before your ride to receive a refund or to be re-booked.

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Late Cancellations/No-Shows. A cancellation is considered late when the appointment is cancelled less than 7days before the appointed time. A no-show is when a rider misses an appointment without cancelling before the 7day policy period. In either case, there will be no refund for the participant.

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