I acknowledge that the Activities being undertaken involve a significant degree of risk of physical harm. I acknowledge that the Activities may be undertaken with one or more other persons as part of a group and that Noosa Country Polo is not liable for the actions of other participants in the group activity or for any injury or death that may befall me as a result of my being involved in the activities at Noosa Country Polo. By signing below, I acknowledge, agree and understand that the risks associated with the Activities have been explained to me. 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. I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2003 (Qld).

I am aware that by my participation in any of the Activities involves certain risks or dangers which could include:

· Physical, bodily or psychological injury or death.

· Physical exertion to which I am not accustomed.

· Failure of equipment or use of inadequate 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 activities are conducted may vary without warning.

· I may cause injury to other persons and/or other persons may cause injury to me.

· I may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of Noosa Country Polo.

Participants Warranties:
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 Activities. I agree to use and/or wear any equipment given to me by Noosa Country Polo.

I declare that I am medically and physically fit and able to participate in the Activities. 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 Activities and notify Noosa Country Polo of any injuries, illness or concerns that may arise during the Activity. I will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to me, any other participant or person. 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. 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 Activities.

Exclusion of Liability:
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 in pursuit of the activities, whether caused by Noosa Country Polo's negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Activities. I agree that Noosa Country Polo will not be liable for any claims for personal injury or death that may be brought against the provider 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.

Waiver:
It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue Noosa Country Polo in relation to the Noosa Country Polo’s services or the activities that you undertake because the services or Activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

For Queensland, New South Wales, Western Australia, Tasmania, Northern Territory and Australian Capital Territory and Commonwealth By signing this form, you agree that the liability of Noosa Country Polo in relation to the 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:

(a) Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);

(b) Deaths;

(c) The contraction, aggravation or acceleration of a disease;

(d) 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:

(i) That is or may be harmful or disadvantageous to you or the community; or

(ii) 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 the recreational services or recreational activities is excluded. You acknowledge and agree that the above provision operates to exclude the liability of Noosa Country Polo 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 (Qld) 2003.