[{"type":"header","subtype":"h1","label":"Participant Declaration
","className":"waiver-header-element"},{"type":"paragraph","subtype":"p","label":"1. I, the participant, hereby agree that I am by this agreement entitled to participate in the Equestrian Activity on the terms and conditions set out in this document.

2. The Coach and associates enters into this agreement on their own account, and also as agent for the Associate/s in respect of each acknowledgement, consent, declaration, release, and indemnity expressed in this agreement to be given by me to, or made by me in favour of, an associate (jointly or in individual capacity)

3. Definitions
(a) Equestrian Activity/Activities includes performing, participating or spectating in any capacity, including as a member, in any activity authorised or recognised by Equestrian Australia (EA) or any of its branches (including online and/or at home)

(b) Coach or associate of Kyalami Equestrian means any coach, employee or volunteer, as well as EA and the associated member branch

(c) Coach means the person(s) or entity supplying the Equestrian Activity

(d) Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence or under the Australian Consumer Law.

(e) Member means a participating member as defined in the EA constitution, being any person (Competitors, Participants, and supporters) or association of persons (incorporation or unincorporated) which is under the rules or constitution of a member branch, a duly registered and financial member of that branch

(f) Member branches means Equestrian Victoria, Equestrian Mew South Wales, Equestrian Tasmania, Equestrian Queensland, Equestrian South Australia, Equestrian Northern Territory

(g) Reckless Conduct means the supplier is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person; and engages in conduct despite the risk and without adequate justification.

","className":"waiver-legal-element"},{"type":"header","subtype":"h1","label":"WARNING - this document affects your legal rights and obligations, please read it carefully and do not sign it unless you are satisfied you understand it.
"},{"type":"header","subtype":"h1","label":"Acknowledgement of risks and consent
"},{"type":"paragraph","subtype":"p","label":" I acknowledge that any Equestrian Activity is a dangerous recreational activity and that by engaging in the Equestrian Activity I am exposed to certain risks and dangers and am under certain obligations as follows:

(a) that I may be seriously injured (including suffering a spinal injury, brain or head injury, fractures, soft tissue injury, illness and mental anguish and emotional disturbance) and may be killed.

(b) horses may act in a sudden and unpredictable manner, and the coach and associates of Kyalami Equestrian do not make any representations or warranties as to how a horse may react\n

(c) that I have considered all of the risks involved, including those risks associated with any pre-existing health conditions, injuries or disabilities I may have

(d) that the venue conditions may be hazardous and may vary without warning or predictability

(e) that I will wear an approved helmet at all times while participating in the activity, of the current Australian Standard

(f) any misconduct or refusal by me to follow a direction may result in my disqualification from the Equestrian Activity, and the forfeiting of fees paid

(g) that there may be no or inadequate facilities for treatment or transport of me if I am injured

(h) that I have voluntarily read and understood this warning and accept the inherent risks involved participating in the equestrian activity.

(i) that I have an obligation to myself and others to act safely and within the constitution, rules, regulations, policies, guidelines and codes of conduct of EA and the member branches, and any other rules, regulations, policies, guidelines and codes of conduct relevant to the Equestrian Activity \n

(j) the coach and associates of Kyalami Equestrian do not make any warranty that the services at the venue or the design of any course or training facilities will be provided with due care and skill or that any materials provided in connection with the services will be fit for the purpose for which they are supplied

(K) to the extent that any warranty is implied it is excluded to the full extent permitted by law; and

(l) that I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Equestrian Activity.
"},{"type":"header","subtype":"h1","label":"Media
"},{"type":"paragraph","subtype":"p","label":"I consent for photographs and videos being used for marketing purposes, both print and online, including social media
"},{"type":"header","subtype":"h1","label":"Medical
"},{"type":"paragraph","subtype":"p","label":"I declare that I am and must continue to be medically and physically fit and able to participate in the Equestrian Activity.
I will immediately notify the coach or associates of Kyalami Equestrian if I feel unsafe or unwell in any way, or if there is any change to my fitness and ability to participate , and I will immediately cease to participate in the Equestrian activity. I understand the the coach and associates will continue to rely upon this declaration as evidence of my fitness and ability to participate in the Equestrian Activity.
"},{"type":"paragraph","subtype":"p","label":"I agree that the coach or associates of Kyalami Equestrian may at their absolute discretion deny me eligibility to undertake the Equestrian Activity if they consider that I am not medically, mentally and physically fit and able to participate (or continue to participate) in Equestrian Activity without unreasonable risk to myself or others. The coach or associates of Kyalami Equestrian are in no way liable if they choose not to exercise their discretion under this clause.
"},{"type":"paragraph","subtype":"p","label":"I understand and acknowledge the dangers associated with the consumption of alcohol, any banned substance or mind altering drug before or during any Equestrian Activity. I accept full responsibility for injury, loss or damage associated with the consumption of alcohol, any banned substance or mind altering drug.
"},{"type":"paragraph","subtype":"p","label":"I agree to report any accidents, injuries, loss or damage I suffer during any Equestrian Activity provided by the coach or any associates of Kyalami Equestrian, before I leave the venue.
"},{"type":"paragraph","subtype":"p","label":"I agree that if required, the coach or associates of Kyalami Equestrian may arrange medical or hospital treatment (including ambulance transportation)for me. I authorise such actions being taken and agree to meet all costs associated with such action.
"},{"type":"paragraph","subtype":"p","label":"I agree that if required the coach and associates of Kyalami Equestrian my collect, use and disclose health information in accordance with the Privacy Act 1988 (cth) and any additional state legislation.
"},{"type":"paragraph","subtype":"p","label":"I consent to the coach and associates of Kyalami Equestrian collecting, using and disclosing my personal information (including health information)for the purposes of eligibility to participate in the Equestrian Activity and for the purposes of communicating with the relevant health service providers regarding eligibility or if an incident occurs for treatment and incident management and insurance purposes, in accordance with the Privacy Act 1988 (Cth)and any additional State privacy legislation.
"},{"type":"paragraph","subtype":"p","label":"I acknowledge that it is my responsibility to organise personal accident insurance if I am not a member of Equestrian Australia.
"},{"type":"header","subtype":"h1","label":"Waiver
"},{"type":"paragraph","subtype":"p","label":"In agreeing to participate in any way in the Equestrian Activity, the participant, his/her personal representatives, heirs, and next of kin hereby releases, waives, discharges and covenants not to sue the coach or any representative of Kyalami Equestrian with respect to any and all injury, disability, death, or loss or damage to person, whether caused by the negligence of the coach or any associate of Kyalami Equestrian, a breach of contract or otherwise.
"},{"type":"paragraph","subtype":"p","label":"A supplier of recreational services or recreational activities is entitled to ask you to agree that statutory guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth) (CCA) do not apply to you (or a person for whom or on whose behalf you are accepting the services or activities
"},{"type":"paragraph","subtype":"p","label":"By signing this participant declaration, you agree that the
Liability of the coach or associates of Kyalami Equestrian in relation to the recreational services (as the term is defined in s.139 of the CCA) for any:
i) death
ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury)
iii) the contraction, aggravation or acceleration of a disease
iv) 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, that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the 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 recreational services is excluded and the application of any express or Implied term that any services will be provided with due care and skill or fit for any specific purposes is hereby excluded.
"},{"type":"paragraph","subtype":"p","label":"
"},{"type":"header","subtype":"h1","label":"Indemnity and Release
"},{"type":"paragraph","subtype":"p","label":"In consideration of the acceptance of me as a participant in the equestrian activity, I agree to indemnify and keep indemnified to the full extent permitted by law, the Coach and any/all associates of Kyalami Equestrian and each of them in the following manner:
(a) I participate in the Equestrian Activity at my sole risk and responsibility
(b) I accept the venue where the Equestrian Activity is held as it stands with all or any defects hidden or exposed
(c) I indemnify and hold harmless the coach and the associates from all liability to me for any claim that arises as a result of any act, matter of thing done, permitted or omitted to be done, by me or which is in any way connected with my presence at or any involvement in the Equestrian Activity.

A term of this release and indemnity will not apply where t(e term contravenes the law,of the relevant jurisdiction under which any legal action is legitimately taken however such terms are severance and do not invathe remaining terms .
"},{"type":"paragraph","subtype":"p","label":"I, the participant (or parent/guardian of a minor) agree to participate in Equestrain Activities.

I, the participant (or parent/guardian of a minor) state that I have read and understood this Participant Declaration (including the warning, indemnity, release and waiver) and agree to the terms and conditions as stated.
"},{"type":"header","subtype":"h1","label":"Compliance
"},{"type":"paragraph","subtype":"p","label":"I acknowledge, understand and agree that it is a condition of my participation in the Equestrian Activity that I agree to be bound by, and subject to, the constitution, rules, regulations, guidelines, policies, codes of conduct, and jurisdiction of EA and the Member branches, and any other rules, regulations, guidelines, policies, and codes of conduct relevant to the Equestrian Activity as amended from time to time. Copies of the EA and member branches constitution , rules, regulations, guidelines, policies, and codes of conduct can be found online.
"},{"type":"header","subtype":"h1","label":"Execution
"},{"type":"paragraph","subtype":"p","label":"I, the participant, agrees to participate in the Equestrian Activity/activities.

I have read and understood the Participant Declaration (including the risk warning, indemnity, release and waiver) and agree to the terms and conditions as stated.
"},{"type":"signature","required":false,"label":"Signature","name":"signature-1760322898817-0"},{"type":"header","subtype":"h1","label":"Third party indemnity where participant is under 18 years of age
"},{"type":"paragraph","subtype":"p","label":"I, the parent or guardian of the participant hereby acknowledge:
a) I have read the whole of the document and understand it
b) I consent to the Participant participating in t(e Equestrian Activity
c) I am aware of the risks, dangers and obligations set out above
d) I acknowledge that the participant is bound by, and subject to the rules, regulations, guidelines, policies and codes of conduct of EA

In consideration of the participant being accepted as a participant in the Equestrian Activity I hereby indemnify and release the coach and associate/s of Kyalami Equestrian in the same manner and to the same effect as if I was the participant and agree to personally accept all terms and conditions set out in this Participant Declaration.
"},{"type":"header","subtype":"h1","label":"AGREEMENT ON BEHALF OF ONE PARENT OR GUARDIAN IS AGREEMENT ON BEHALF OF ALL PARENTS AND/OR GUARDIANS OF THE PARTICIPANT
"},{"type":"checkbox-group","required":true,"label":"Electronic signature consent","className":"waiver-accept-element","name":"checkbox-group-1760314140327-3","values":[{"label":"Insert accept text here","value":"option-1","selected":true}]},{"type":"signature","required":true,"label":"Signature","className":"waiver-signature-element","name":"signature-1760314140330-0"}]

Kyalami Equestrian

Kyalami Equestrian

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