Terms & Conditions

Please note: for in-person events, you will also receive a separate Risk Warning & Waiver that must be read and signed prior to participating in activities.

Abbey’s Run Equestrian ABN 23 454 163 807

TERMS AND CONDITIONS

The delivery of in person and on-line services (including information, instruction and advice) provided or facilitated by Abbey’s Run Equestrian (‘Abbey’s Run’) are subject to the following:

Risk Warning: A horse, donkey, mule, hinny and any kind of equid (hereafter ‘equid’) is a large, heavy, herd animal, a creature of flight and can react without warning. It has highly developed senses of hearing, sight and smell, which can cause it to react suddenly and unexpectedly to external stimuli (auditory and visual, real and perceived). These reactions can be potentially harmful to the rider, handler and any person in the vicinity of the equid (hereafter ‘at-risk individuals’).

Regardless of its size, weight or age, an equid can (amongst other behaviours) bite, bolt, buck, fall, jump, kick, pig-root, rear, roll, shy, slip, stop and turn, stumble, or stand on a person, while at-risk individuals are on or near the equid. As a consequence, at-risk individuals will be exposed, by interacting with an equid, to possibility of death, permanent injury or disability (including spinal and brain damage) and moderate or minor harm from a fall (especially if riding without stirrups, a saddle or bridle or at speed), kick, drag, crush, bite or knock, even if they act safely and wear a riding helmet compliant with the safety requirements of current Australian Standards, and protective footwear, but especially if no such helmet or footwear is worn or if they are affected by drugs, alcohol, medication or an existing medical condition (including pregnancy).

At-risk individuals ride, handle and interact with an equid at their own risk.

Limitations of On-line Information/Instruction/Advice: Abbey’s Run, Sarah Nickels and educators/instructors whose on-line services Abbey’s Run has facilitated, have used due care and skill in formulating and giving information, instruction and advice. However, it remains the primary responsibility of at-risk individuals to understand fully and evaluate the appropriateness of such information, instruction and advice before relying on it to ride or handle their own, or any, equid.

If at-risk individuals have any hesitation, doubt or problem understanding, evaluating or applying any such information, instruction or advice, they must always seek in-person help and supervision from someone experienced, knowledgeable and qualified in respect of equids before relying on it and proceeding further.

Abbey’s Run does not give any representation or warranty as to the accuracy, reliability or completeness of any information, instruction or advice conveyed by third party educators/instructors nor does it accept responsibility for errors, omissions or misrepresentations contained in their oral or written material.

Waiver: To the fullest extent permissible at law, at-risk individuals release and discharge Abbey’s Run (including Sarah Nickels), its employees and agents from all claims and legal liability of any kind for personal injury, harm or death to or of themselves caused by or arising out of:

• errors or omissions (whether negligent or not) contained in any information, instruction or advice;

• reliance on any information or advice;

• breach of an implied warranty or condition or statutory guarantee under the written or unwritten law of the States, Territories and Commonwealth of Australia; and

• breach of a guarantee under Subdivisions A and B of Division 1 of Part 3-2 of the Australian Consumer Law of any jurisdiction in relation to any information, instruction or advice (the provisions of which subdivisions being hereby excluded).

If this waiver is held void, voidable or unenforceable (if it cannot be read down to remain operative), liability is limited to the replacement or resupply of the information, instruction or advice.