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This very important legal documentation is for use by individuals, businesses, clubs, associations and organisations engaged in sport or recreation involving horses. It makes no difference whether the horse activities are provided freely or not.
The law in Australia (except for South Australia) changed radically in 2002 and 2003 to permit horse riders to ride at their own risk without recourse to anyone in case of death or injury. The Parliaments enacted legislation to bring this about because insurers were not offering cover after the collapse of HIH Insurance. Unfortunately, the States and Territories did not agree to change the law uniformly to enact the principle of personal responsibility, so our documentation differs around Australia.
Our Waiver of Liability has 2 components: a risk warning and a waiver.
The risk warning informs the rider of the nature and extent of the dangers associated with riding. A horse can bite, bolt, buck and so on and these risks can increase in a variety of circumstances, such as when the horse is loaded onto or off a truck or float. In addition, certain risks might arise due to hazards unique to where the activities will occur. We obtain information about any such hazards from you. The rider is warned that death or serious injury can result from materialisation of any of these risks.
To be legally effective, a risk warning is much more than a bald statement that ‘riding is dangerous’. It must cover the nature and scope of the dangers faced before it will stand up in court.
The waiver is a legally binding decision by the rider not to enforce legal rights against the provider of the horse riding activities if that provider should be liable for harm to the rider.
HorseForce Legal prepares the Waiver of Liability and tailors the documentation to the user’s circumstances as part of the fixed price. There is one form for minors (children under 18 years) and their parent or person in control of the child to sign and another form for adults.
It is usually the case that insurers require a Waiver of Liability to be used as a condition of issuing cover.
Without our Waiver of Liability, horse sport and recreation providers expose themselves to very considerable unnecessary financial risk and worry.
Call us for a chat if you would like more information.