Before you ride
or handle a horse

"Operator" means Louis Bazzo Pty Ltd ACN 673 486 130 in its own right and as trustee of the Louis Bazzo Trust, trading as La Boscosa Estate.

"Released Parties" means the Operator, the registered owner of the Property, each of their related entities and trustees, and the directors, officers, unitholders, employees, contractors, agents and volunteers of each of them, and any club, instructor or organiser conducting Activities at the Property with the Operator's permission.

"Property" means 658 Louis Bazzo Drive, Ringtail Creek QLD 4565, including its paddocks, stables, yards, arenas, polo field, lake, dams, roads, orchard and working farm areas.

"Activities" means polo (including matches, chukkas, practice, stick-and-ball and lessons), horse riding, handling, grooming, feeding, leading, floating and agisting horses, spectating, and being anywhere on the Property in connection with any of these, whether as a rider, player, groom, helper, spectator or guest.

"I" and "me" mean the person signing and, where a parent or guardian signs, also the person under 18 named in this form.

The Activities are dangerous. They carry a significant risk of physical harm, including serious injury, permanent disability and death, even when everyone involved takes reasonable care. The risks include:

1. (a)horses behaving unpredictably and without warning — kicking, biting, bolting, rearing, bucking, shying, trampling, crushing and falling, including onto a rider;
2. (b)falls from horses, and collisions between horses, riders, players and spectators;
3. (c)being struck by a mallet, ball or horse, including at or beyond the sideline;
4. (d)failure of tack, helmets or other equipment;
5. (e)uneven or slippery ground, holes, fences, gates, the lake, dams and irrigation infrastructure;
6. (f)tractors, harvesters, utility vehicles, motorbikes and other machinery operating on a working farm;
7. (g)snakes, insects, ticks, wildlife and livestock, and heat, sun, storms and other weather;
8. (h)diseases that can pass from horses or other animals to people;
9. (i)the actions of other riders, players, handlers, spectators and animals; and
10. (j)the distance of the Property from hospital, and delay in first aid, treatment or transport.

Conditions can change without warning. Not every hazard will be signed, fenced or supervised.

I will follow all rules, signage and directions given by the Operator, its representatives and any umpire or organiser, and I will stay out of restricted areas, paddocks and machinery areas unless authorised.

Whenever I am mounted I will wear a correctly fitted and fastened helmet that meets a current recognised equestrian or polo safety standard, and enclosed footwear with a heel, and I will use any other safety equipment the Operator requires.

I have assessed my own fitness, health, ability and experience, and I am capable of taking part in the Activities I choose. I have disclosed in this form any medical condition, injury, allergy or medication that may affect my safety or the safety of others, and I will tell the Operator if this changes. The Operator may refuse or stop my participation at any time, but is not obliged to assess my suitability.

I will not ride, handle a horse or operate any vehicle or machinery while affected by alcohol, drugs or medication that may impair my judgement or physical capacity. If I am a spectator and drink alcohol, I will do so responsibly and keep clear of the field, the horse lines and horses.

I will not act in a reckless, dangerous or inappropriate way that increases the risk to myself, other people or animals.

I will tell the Operator as soon as practicable about any injury, illness, incident or near miss that happens during the Activities.

If I bring a horse onto the Property, or am responsible for one while it is there, I confirm that:

1. (a)the horse is fit, sound and suitable for the Activity;
2. (b)I am solely responsible for the horse's health, vaccinations and biosecurity, and I acknowledge that the Operator does not inspect or verify the health, vaccination or biosecurity status of any horse brought onto the Property;
3. (c)to my knowledge the horse is free of, and in the last 21 days has not been in contact with, any contagious or notifiable disease (including strangles and Hendra virus), and I will not bring a horse onto the Property if I know or suspect otherwise;
4. (d)I will meet my general biosecurity obligation under the Biosecurity Act 2014 (Qld), comply with all other Queensland laws and requirements that apply to moving and keeping horses, and follow any reasonable biosecurity directions the Operator gives;
5. (e)the horse is on the Property at my risk, and I am responsible for how it is handled and for any injury, loss or damage it causes; and
6. (f)I am responsible for insuring the horse and my own liability to others.

If I am injured or unwell, I consent to the Operator arranging first aid, evacuation, ambulance and medical treatment for me as it reasonably considers necessary, and I will pay the cost.

I have read and understood the risk warning in Part A. I take part in or attend the Activities voluntarily and I accept the risks described in it and the other obvious and inherent risks of the Activities.

I acknowledge that, under the Civil Liability Act 2003 (Qld): (a) many of the risks in Part A are obvious risks, of which I am presumed to be aware and of which the Released Parties have no duty to warn me; (b) the Released Parties are not liable for harm resulting from an inherent risk of the Activities; and (c) where an Activity is a dangerous recreational activity, the Released Parties are not liable in negligence for harm resulting from an obvious risk of that Activity.

Exclusion — recreational services. To the extent the Activities are recreational services supplied to me, and as permitted by section 139A of the Competition and Consumer Act 2010 (Cth), the liability of the Operator and the other Released Parties for any failure to comply with a consumer guarantee in Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (including the guarantee that services will be rendered with due care and skill) is excluded, to the extent that liability is for death; physical or mental injury (including the aggravation, acceleration or recurrence of an injury); the contraction, aggravation or acceleration of a disease; or the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to me or the community. This clause does not exclude liability for significant personal injury caused by the reckless conduct of the supplier within the meaning of section 139A.

Release. To the maximum extent permitted by law, I release and forever discharge each of the Released Parties from all claims, demands and proceedings (including in negligence) that I have or may have for personal injury, death, or loss of or damage to property (including horses), arising out of or in connection with the Activities or my presence on the Property, except to the extent caused by the reckless conduct of that Released Party.

Indemnity. I indemnify each of the Released Parties against any claim by another person (including another rider, spectator or horse owner) for injury, loss or damage, to the extent it is caused by my breach of this document, my negligent or deliberate act or omission, or a horse I brought or was responsible for.

Rights not affected. Nothing in this document excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, any duty owed to a worker under the Work Health and Safety Act 2011 (Qld), or any entitlement to workers' compensation.

If I sign as the parent or legal guardian of a participant under 18 (the "Minor"), I: (a) confirm I am the Minor's parent or legal guardian and have authority to consent to the Minor taking part; (b) have read this document and explained the risks to the Minor; (c) accept those risks and give the release in clause 15 on my own behalf; and (d) will ensure the Minor complies with Part B and is supervised at all times by me or a responsible adult I nominate. I understand that the law may not allow me to give up the Minor's own right to make a claim.

Term. This document applies to every occasion on which I take part in or attend the Activities during the 12 months after I sign it, or until I sign a later version, whichever is earlier.

Severance. If any clause or part of a clause is unenforceable, invalid or illegal, it is to be read down so that it is enforceable, valid and legal. If that is not possible, it is severed and the rest of this document continues in full force.

Electronic signature. I agree to sign electronically, and my electronic signature is as binding as a handwritten one.

Governing law. This document is governed by the law of Queensland.

Privacy. The Operator collects my personal and health information to manage safety, emergencies, insurance and claims. It may give that information to emergency services, medical providers, insurers and legal advisers. It will not use it for marketing without my consent. I can ask to see or correct it by emailing hello@laboscosaestate.com.au.