Now that new laws have been introduced relating to public liability insurance in New South Wales, the good sense of including a suitably worded "disclaimer" for guests to sign where there are assessed possible risks on the property becomes apparent. The disclaimer below may be used by adding the name and address of the property where appropriate and adding and deleting activities as and where appropriate. The attached disclaimer is provided by way of service to members of the Bed & Breakfast and Farmstay Association and is in no way intended as a substitute for individual legal advice based on the risks inherent in an individual property.
NAME(S) ...................................................................................................
ADDRESS ..................................................................................................
CHILDREN'S NAMES .....................................................................................
CONTACT NAME (In case of an emergency) .....................................................
CONTACT PHONE NUMBER ............................................................................
RELEASE AND ASSUMPTION OF RISK
I am aware that, during this visit and stay, in which I have chosen to participate under the arrangements of [PROPERTY NAME], their agents, employees and associates, certain hazards may occur including but not limited to the hazards of participating in horse riding, riding in a horsedrawn and/or motor driven conveyances, bushwalking, flying-fox, swimming, fossicking, camping, fishing and use of the facilities, subject to the forces of nature. In consideration of, and as payment for the right to participate in such activities and receive the services arranged for me/us by [PROPERTY NAME] and their agents, employees or associates I have and do hereby assume all the risks and will hold them free from any and all liability, actions, courses of actions, debts, claims and demands of any kind or nature whatsoever or for any reason or resulting directly or indirectly from acts of God which I now have or which may arise as a result of or in conjunction with my/our participation in any activity arranged for me/us by [PROPERTY NAME] and their agents, employees or associates. The terms hereof shall serve as a release and assumption of risk for my heirs, executors, administrators and assigns and for all members of my family including any minors accompanying me.
HORSE RIDING IS A DANGEROUS ACTIVITY
All riders agree to and shall obey the following directions.
- [PROPERTY NAME], their agents, employees or associates reserve the right to refuse horseriding to anyone at any time and dismount riders at any time.
- The rider shall not mistreat the horse or allow or permit fast riding, galloping, or jumping with the horse and all riding shall be carried out in a safe and controlled manner.
- Horses must not be exchanged with any other rider/person. The horse may only be ridden by the person for whom the horse was selected.
- No doubling of other persons is permitted.
- The saddle girth must not be loosened or the saddle removed during the period of hire, keep the girth tight at all times.
- ALL ACCIDENTS and damage to persons must be reported to the manager before leaving.
- All instructions given by staff must be observed.
SIGNATURE...................................................................................DATE........./........./..........
(PARENTAL OR LEGAL GUARDIAN MUST SIGN FOR ALL PERSONS UNDER THE AGE OF 18)
