All Riders competing and taking part in the Shibumi Fun Days need to read and accept the terms of theses Risk Waiver, Warning and Indemnity Documents.
RISK WARNING, WAIVER & INDEMNITY – ADULTS RISK WARNING, WAIVER & INDEMNITY – CHILDREN
Entry Conditions and Limitations of Liability
ATTENTION: Horses are large, heavy animals which can behave unpredictably and dangerously. Horse riding and carriage driving pose a risk of death or serious personal injury, even if you take reasonable care for your own safety.
1. Every horse rider or driver must:
(a) before riding or driving, sign a Risk Warning, Waiver and Indemnity (available in the office) and, if less than 18 years old, a parent or person in control of the child must sign,
(b) wear an Australian Standards approved riding helmet and heeled footwear at all times on a horse and
(c) prior to riding or driving, personally inspect the terrain to check the ground is safe to use.
2. If you ride or drive a horse, or if you handle or observe a horse, you do so entirely at your own risk. If you keep your horse at this establishment you do so entirely at your own risk. This establishment, its proprietors and staff will not be responsible for any injury to you, your horse or your property. Horse riding and driving activities are dangerous and you waive your rights when you step onto this property… Shibumi Equestrian Centre.
3. Motor vehicles must not exceed 15 kph and must park in designated areas.
4. Gates must be kept closed.
5. You must stay within the riding school area unless consent has been given for you to leave that area.
6. Dogs must be restrained and on a lead at all times.
7. Children under 12 must be closely supervised by a parent or an adult at all times whilst not with an instructor.
8. If you are going to be jumping or going on a trail ride or drive, you must let the management or staff know… this is for your own safety.
9. You must be aware of and abide by the rules for each area.
10. This establishment relies on the details you have provided regarding your riding or driving experience and age when we select a horse/s for you.
11. You must keep your personal tack and horse equipment in good condition.
12. The house, barn and workshop are Private and access is restricted.
13. Please place your rubbish in the bins provided
14. Please place your horse’s manure in the bins provided
15. LIMITATIONS OF LIABILITY: Shibumi Equestrian Centre, its employees, agents and contractors will not be liable for the death of, or personal injury (as defined by s.5 Civil Liability Act 2002) to the rider, driver, handler or spectator, or the death of or injury to anyone’s horse, due to, or arising out of:
(a) any breach of an implied warranty or condition under the law that the horse related activities on the property will be rendered with reasonable care and skill;
(b) breach of a warranty implied by s.74 Trade Practices Act 1974 but limited to liability for death or personal injury for the purposes of s.68B of that Act; or
(c) negligence or misconduct under the law.
16. All rights pursuant to the Sale of Goods Act 1923 or otherwise by implication of law are expressly negatived to the fullest extent permitted by law.
17. Opening hours are strictly 7am – 7pm. After hours by arrangement only.
18. Withdrawals prior to closing date will be awarded a full refund minus a $10 administration fee.
19. Withdrawals after closing date will be awarded a full refund minus a $10 administration fee if a Veterinary or Medical certificate is presented. Refunds without a Veterinary or Medical certificate will not be considered.
This Website package contains information, data, documents, pages and images prepared by Shibumi Equestrian Centre. While the Data contained in this Website has been formulated with all due care, Shibumi Equestrian Centre does not warrant or represent that the Data is free from errors or omission, or that it is exhaustive. Shibumi Equestrian Centre reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided.
Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. Shibumi Equestrian Centre disclaims, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the Data including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non infringement. The Data is made available on the understanding that Shibumi Equestrian Centre and its employees and agents shall have no liability (including but not limited to liability by reason of negligence) to the users of the Website for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reasons of, any person using or relying on the Data or otherwise.
Users of the Website will be responsible for making their own assessment of the Data and should verify all relevant representations, statements and information with their own professional advisers. Furthermore, whilst the Data is believed by Shibumi Equestrian Centre to be true and correct at the date of publication, changes in circumstances after the time of publication may impact upon the accuracy of the Data. The Data may change without notice and Shibumi Equestrian Centre is not in any way liable for the accuracy of any information printed and stored by a user. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author at anytime without separate announcement.
Referrals and links: In addition to the Data, the Website provides links to other Internet sites. These external information sources are outside the control of Shibumi Equestrian Centre and it is therefore the responsibility of the Internet users to make their own decisions about the accuracy, reliability and correctness of information found on those external Internet links. Shibumi Equestrian Centre is not responsible for any contents linked or referred to from its pages – unless Shibumi Equestrian Centre has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only Shibumi Equestrian Centre of the respective pages might be liable, not the one who has linked to these pages. Furthermore Shibumi Equestrian Centre is not liable for any postings or messages published by users of discussion boards, guest books or mailing lists provided on his page. Copyright: Shibumi Equestrian Centre intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by Shibumi Equestrian Centre is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without Shibumi Equestrian Centre’s agreement.
Legal validity of this disclaimer: This disclaimer is to be regarded as part of the internet publication which the users of the Website were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
SECURITY: This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Security measures are installed to prevent unauthorized access to our logs. No information under our control is directly accessible by, or available to: third parties; other servers; external databases.
Shibumi Equestrian Centre does NOT:
• collect online or offline contact information which contains details identifying the age or other purely personal details of visitors
• collect any personally identifiable online or offline contact information from children without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity. Without prior parental consent, online information will only be used to respond directly to the child’s request and will not be used for other purposes without prior parental consent
• distribute to third parties any personally identifiable information from children for any reason
• give the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent
• entice by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the activity.