Waiver - Noosa Country Polo

NCP WAIVER

Warning: You cannot come onto the property, walking or driving in, or to play polo unless you sign this waiver.

Provider details

Niall F Coburn, Noosa Country Polo Inc No. 1A4490621 and Noosa Country Polo Events Pty Ltd ACN 650480676 (Noosa Country Polo)
83 Tunba Court, Cooroy Mountain QLD 4563

Our Emergency Contacts

Eileen (illy) Coburn: 0400 196 550
Niall Coburn: 0488 488 649

Our Preferred Veterinarian

Ben Poole
COOROORA Qld 4563
Phone: 0418 762 007

Warning and Waiver of Liability for attending or participating in polo activities

Noosa Country Polo Inc No. 1A4490621, Noosa Country Polo Events Pty Ltd, and their licensees (collectively “Noosa Country Polo”) operate and host events on the property located at 83 Tunba Court, Cooroy Mountain QLD 4563 (“the Property”) owned by Niall Coburn. For the purposes of this document, the Polo Activities means participation or attendance in polo, polo lessons, riding, riding lessons, agistment and handling of agistee’s horses, spectating, walking, bike riding on the property, driving a car or truck on the property or attending a polo event and use of facilities at Noosa Country Polo.

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Participant or Attendee Details

The following effects your legal rights and obligations. Please read this document carefully and only sign it if you fully understand the contents. For Participants and Attendees under 18 years of age, these documents must be completed by a parent or legal guardian. The participation or attendance in the Polo Activities at Noosa Country Polo contains elements of risk, both obvious and inherent. The risks involved may result in property damage and/or personal injury including death.

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DOB*

Date of birth

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Emergency Contact(s)*

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Waiver*

PARTICIPANT OBLIGATIONS

1. I, the undersigned, understand that participation in or observation of the Polo Activities carries inherent risk of injury or death.

2. I agree that I will ride, handle or be around a horse or horses while engaging in or observing the Polo Activities at my own risk.

3. I agree to abide by any of Noosa Country Polo's rules, and any direction or instruction given to me by Noosa Country Polo during the course of the Polo Activities.

4. I agree to use and/or wear any equipment provided to me by Noosa Country Polo.

5. I have made my own assessment of my mental and physical fitness and have determined that I am capable of undertaking those Polo Activities that I choose to participate in.

6. I acknowledge that I must, and agree that I will disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either I or any other person will suffer injury, loss or damage during the course of the Polo Activities. I accept that Noosa Country Polo may deny my participation in the Polo Activities based upon the information I provide to them about my medical or other condition albeit I acknowledge that it is under no obligation to make any assessment of my suitability to participate in the Polo Activities.

7. I agree to notify Noosa Country Polo of any injuries, illness or concerns that may arise during the Polo Activities.

8. I will not engage in any inappropriate, reckless, negligent or foolish behaviour that will increase the risk of injury to myself or other people.

9. I agree that if I suffer any injury or illness, Noosa Country Polo 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.

10. 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 Polo Activities.

RISK AND LIABILITY WAIVER

11. By signing below, I declare I am aware that by my participation or attendance in any of the Polo Activities involves significant risks or dangers which could include:

- Physical, bodily or psychological injury or death.
- Physical exertion to which I am not accustomed.
- Failure of equipment.
- There may be no or inadequate facilities for treatment or transport to treatment if I, or my horses, are injured.
- The conditions in which the Polo Activities are conducted may vary without warning.
- I may cause injury to other persons and/or other persons may cause injury to me.

12. I acknowledge and warrant that I have made my own enquiries and appreciate and understand the risks associated with the Polo Activities. I acknowledge that I undertake any such risk voluntarily and at my own risk and will not hold Noosa Country Polo liable for any injury or death and provide this waiver.

13. To the extent permitted by law, I agree to and unconditionally release, waive, discharge and forever hold harmless, Noosa Country Polo or any of its employees, agents, directors or officers, from any claims as a result of any personal injury or death sustained by my participation in the Polo Activities.

14. To the extent permitted by law, I agree that Noosa Country Polo and Niall Coburn will not be liable for any claims for personal injury or death that may be brought as a result of or in connection with any act, omission, default, failure or error on the part of Noosa Country Polo, and agree to indemnify and keep indemnified Noosa Country Polo in respect of any such claims.

15. I acknowledge that the Polo Activities may be undertaken with one or more other persons as part of a group and that neither Niall Coburn nor Noosa Country Polo is liable, to the extent permitted by law, for the actions of other participants in the group activity or for any injury or death that may befall me as a result of participation in the Polo Activities hosted by Noosa Country Polo or Niall Coburn.

16. I acknowledge that the Activities constitute dangerous recreational activity for the purposes of Division 4 of the Civil Liability Act 2003 (Qld) and that Noosa Country Club and Niall Coburn shall not be held liable in negligence for any harm suffered by me as a result of the materialisation of any risk during the course of the Polo Activities that would be obvious to a reasonable person or that was inherent.

17. I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2003 (Qld).

18. To the extent permitted by law, I agree that the liability of Noosa Country Polo and Niall Coburn in relation to the Polo Activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs legislation (Qld) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2003 (Qld)) for any:

- Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
- Deaths;
- The contraction, aggravation or acceleration of a disease;
- 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:
--That is or may be harmful or disadvantageous to me or the community; or
--That may result in harm or disadvantage to me or the community.

That may be suffered by me (or a person for whom or on whose behalf I am signing) resulting from the Polo Activities is excluded. I acknowledge and agree that, to the extent permitted by law, the above provision operates to exclude the liability of Noosa Country Polo and Niall Coburn 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 the Civil Liability Act 2003 (Qld).

19. If any clause or any part of any clause in this waiver is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this waiver without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

I agree to the waiver as outlined above.

Declaration & Signature

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

Signature

Signed by

Name of person signing this form (where participant is under the age of 18)