EXCLUSION OF CERTAIN RIGHTS TO SUE

 

The purpose of this agreement is to limit the liability of the Provider to exclude liability for any personal injury or death to the Participant and other people in the care and control of the Participant howsoever caused who signed this form as acknowledgement of the terms and conditions of this agreement.  By signing this form, you are waiving your rights to sue the Provider for losses relating to personal injury or death.  Under the provisions of the Trade Practices Act and Various State Laws conditions are implied into contracts that mean that the Provider of Recreational Services, noted below is required to ensure that the Recreational Services it sells 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.

 

Name of Provider:  Elle Petersen – Beyond Words, Animal Assisted Counselling

 

The Participant acknowledges that the activity being undertaken is an activity being undertaken for the purposes of recreation, enjoyment or leisure which involves a significant degree of physical risk.  The Provider acknowledges that they are providing Recreational Services detailed below which means: providing facilities for participation in a recreational activity, or training a person to participate in a recreational activity or supervising, adjudicating, guiding or otherwise assisting a person’s participation in a recreational activity.

 

The Participant hereby acknowledges that in attending the recreational activity that there are inherent risks involved to themself or other people in their care and control.  The agreement is directed and limited to inherent risks that are patent.  The Participant also acknowledges that the purpose of the recreational activity is for the benefit of the Participant and for the benefit for those people attending with the Participant and that at all times the Participant is responsible for their own actions and the actions of those other people in their care and control.

 

Description of Recreational Services:

 

Equine Facilitated Learning / Animal Assisted Counselling

 

Steps taken to avoid the danger of personal injury or death by:

Examples of Risk Controls: Weekly equipment inspections, qualified staff, trained staff, staff participant ration compliant with Industry Standard, adherence to code of practice, emergency procedures in place, all staff qualified in first aid.

 

The Participant acknowledges that during all times while they are attending the recreational activity they do so at their 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 its employees or agents liable for any personal injury or breach of contract whether caused by the negligence of the Provider its employees or agents howsoever caused or otherwise.  The Participant acknowledges that in the event they or any of the other people in their care or control find themselves in difficulty that they are to stop the activity or request the activity be stopped if appropriate and seek help and/or assistance and advice.

 

Declaration and signature

By signing this agreement, I understand that the Recreational Services about to be sold to me as set out in the form may cause my and or my dependents personal injury or death.  By signing this agreement, I understand that I and my dependents waive our rights to sue the Provider for losses relating to any personal injury or death that results from any negligence caused by the Provider.

 

Privacy Statement – Privacy Act 1998

By completing these forms you are supplying the Provider with personal information about yourself.  This information is needed to ensure your safety during your time with us.  The Provider is required to collect this information by their insurance company and by the department of Workplace Health and Safety.  This information you provide will not be supplied to any other organisation or used for any other purpose than stated above.