Waiver
Background
1.1 Bass Strait Views Pty Ltd ACN 068 766 156 trading as The Ranch Mornington Peninsula (The Ranch MP) operates the adventure park located on 810 Boneo Road, Boneo, Victoria (Site) where guests may participate in, with the approval of The Ranch MP, the following:
(a) Horse Riding;
(b) Horse Awareness Program;
(c) Animal Nursery;
(d) Mountainboarding;
(e) Giant Swing;
(f) Rock Climbing;
(g) Pamper Pole;
(h) Archery;
(i) Flying Fox;
(j) Leap of Faith;
(k) Crate Stack; and
(l) all the associated school/group run activities including, but not exclusive to the team building activities, initiatives course, bush cooking, sports courts, swimming pool (collectively, the Activities)
1.2 The person specified below as the “Guest” is a guest of The Ranch MP.
1.3 The Ranch MP has agreed to allow the Guest onto the Site, and to participate in the Activities and any other activity, on the condition that the Guest provides this waiver and release in favour of The Ranch (including any of its directors, officers’ employees and or agents).
2. Risk Warning
2.1 The Guest is aware that by participating in any activities arranged by The Ranch MP, certain risks or dangers may occur which could include:
(a) physical, bodily or psychological injury or death.
(b) physical exertion to which the guest is not accustomed.
(c) failure of equipment.
(d) there may be limited facilities for treatment or transport to treatment if injured.
(e) the conditions in which the activities are conducted may vary without warning.
(f) the Guest may cause injury to other persons and/or other persons may cause injury to the Guest.
(g) injury or die due to the negligence, breach of contract or breach of statutory duty or guarantee of The Ranch MP.
3. Recreational Services
3.1 Where a Guest attends the Site, and participates in all or any of the Activities, then in consideration of being permitted to participate in the Activities, the Guest acknowledges and agrees:
(a) that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm;
(b) that the Activity may be undertaken with one or more other persons as part of a group and that The Ranch MP is not liable for the actions of other participants in the group activity.
(c) to the maximum extent permissible by law, The Ranch MP is not liable for the Guest’s death, physical or mental injury and disease which arises from, or is connection with guarantees which may be excluded under the Australian Consumer Law and Fair Trading Act 2012 including:
(i) to provide the services with due care and skill;
(ii) that the services will be reasonably fit for the purpose for which the services are provided; and
(iii) that the services will be of such a nature, quality, state or condition that they might reasonably be expected to achieve their purpose.
4. Guest’s Warranties
4.1 The Guest agrees to follow all reasonable directions or instructions from The Ranch MP and its staff during the course of all Activities, any other activity and the use of and access to the Site and agrees to the following;
(a) to use and/or wear any equipment provided by The Ranch MP.
(b) are medically and physically fit and able to participate in the Activities.
(c) acknowledge and agree to disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either the Guest or any other person will suffer injury, loss or damage during the course of the Activities and notify The Ranch MP of any injuries, illness or concerns that may arise during the Activity.
(d) will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to the Guest, any other participant or person.
(e) agree that if the Guest suffers any injury or illness, The Ranch MP may provide evacuation, first aid and/or medical treatment at the Guest’s expense and that acceptance of these terms and conditions constitutes consent to such evacuation, first aid and/or medical treatment.
(f) 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.
5. General Waiver
5.1 In consideration of The Ranch MP allowing the Guests onto the Site, the Guests unconditionally and irrevocably:
(a) agree to sign this form without any inducement or coercion whatsoever;
(b) voluntarily assume all risk in entering onto the Site and participating in the Activities and any other activity; and
(c) indemnify and will keep The Ranch MP (including its directors, officers, employees and or agents) harmless from and against any claim, loss or liability arising from any negligence or wilful act or omission of The Ranch MP.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and service. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:
● are rendered with due care and skill; and
● are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
● might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees 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 and Fair Trading Act 2012 if you are killed or injured because the services provided 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.
03 5988 6262
810 Boneo Rd, Boneo VIC 3939