General Rules Appendix 20
Rev Oct 2024
HRCAV A0002667H Annual Membership Disclaimer Statement
CLUB: Little River Equestrian Club Inc.
MEMBER'S NAME: {Full name (First):1.3} {Full name (Last):1.6}
1. Membership and participation
- I acknowledge that the Horse Riding Clubs Association of Victoria Inc. (HRCAV) is an incorporated association whose members are affiliated clubs.
- I apply for annual membership of the club named above (the Club), which is an affiliated club of the HRCAV.
- I agree to be bound by the constitution, rules and by-laws of the Club and of the HRCAV, as amended from time to time.
- I agree to comply with all directions of officials of the Club and the HRCAV.
- I acknowledge that participation in horse riding and associated activities involves inherent risks of personal injury, death, illness, and loss of or damage to property.
- I acknowledge that I have been advised that I should obtain my own personal accident, ambulance and other insurance cover.
- I acknowledge that horse riding activities may take place on public or private land where conditions may be hazardous.
- I confirm that the information I have provided is true and correct.
2. Risk Warning and Waiver
I acknowledge that participation in HRCAV and Club activities is a recreational service within the meaning of the Australian Consumer Law and the Australian Consumer Law and Fair Trading Act 2012 (Vic). I acknowledge that I have been given a risk warning that the activities involve significant risks of personal injury, death, illness, and damage to property.
3. Release & Indemnity
In consideration of the HRCAV and the Club accepting my application for membership and permitting me to participate in HRCAV and Club activities:
(i) I release the HRCAV, the Club, their officers, employees, contractors, agents and volunteers (the Released Persons) from all claims that I may have against them arising out of or in connection with my participation in HRCAV and Club activities;
(ii) I indemnify and agree to keep indemnified the Released Persons against any claim made by any other person arising out of or in connection with my participation in HRCAV and Club activities;
(iii)(A) This release and indemnity extends to claims for personal injury, death, illness, and loss of or damage to property;
(iii)(B) This release and indemnity extends to claims arising from the negligence of the Released Persons.
This release and indemnity does not apply to liability for gross negligence of the Released Persons.
4. Waiver
Victoria: Under the Australian Consumer Law (Victoria), several guarantees are implied into contracts for the supply of certain goods and services. The supplier of recreational services is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law (Victoria) if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" in relation to an act or omission means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
Australia/NSW: Under the Australian Consumer Law (Commonwealth) and Civil Liability Act 2002 (NSW), several guarantees and rights are implied into contracts for the supply of recreational services. The supplier is entitled to ask you to agree that these guarantees and rights do not apply to you. If you sign this form, you agree that your rights are excluded, restricted or modified to the extent permitted by law.
South Australia: Under sections 42 and 43 of the Fair Trading Act 1987 (SA), the supplier is entitled to ask you to agree that the supplier's liability for breach of statutory warranties as to recreational services is limited.
Definitions
"Activities" means HRCAV and Club horse riding and equestrian activities, including but not limited to rallies, clinics, competitions, training, social rides, and associated activities.
"Claim" includes any claim, demand, proceeding, cause of action, suit, or liability of any kind.
"Released Persons" means the HRCAV, the Club, and their respective officers, employees, contractors, agents and volunteers.
5. Governing Law
This agreement is governed by the laws of Victoria, Australia.
BY SIGNING HEREUNDER, I CONFIRM THAT I HAVE READ THIS DISCLAIMER STATEMENT, I UNDERSTAND IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Parent/guardian declaration: If the applicant is under 18 years of age, the parent or guardian who signs below declares that they are the parent or legal guardian of the applicant, that they have read this disclaimer, that they consent to the applicant's membership, and that they agree to be bound by this disclaimer on the applicant's behalf.