Before you ride

Horse Riding & Farm Stay — Waiver, Release, Assumption of Risk and Indemnity

Property: 1332 Tallebudgera Creek Road, Tallebudgera Valley, QLD 4228
Indemnified Parties: Stefanie Dempsey, Annarose Salinger and Tally Management Pty Ltd (ABN 87 673 234 529), together with their related entities, directors, officers, employees, contractors, agents, volunteers, and the owners and handlers of the horses (the "Released Parties").
Version: v1.0 — 2026-06

By signing, I agree to the following. Where I sign on behalf of a minor, "I" and "me" also mean the minor and I accept these terms for and on behalf of the minor as set out in clause 11.

1. What this agreement covers. This applies to my participation (and any minor's) in horse riding, trail riding, horse handling, lessons, and all related farm-stay activities at or from the property (the "Activities"). I have read and understood this agreement and sign it freely before participating.
2. Inherent and obvious risks. Horses are large, powerful and inherently unpredictable animals. Even a quiet horse can act on instinct without warning — it may bolt, buck, rear, shy, bite, kick, stumble, fall, roll, step on a person, or throw or fall on a rider. The Activities carry inherent and obvious risks of serious personal injury, permanent disability and death, including falls, being kicked/bitten/crushed/struck/trodden on, collisions, equipment failure, the conduct of other riders or animals, and uneven, slippery or natural terrain (holes, rocks, branches, water crossings, wildlife, insects). These risks cannot be eliminated regardless of care and are obvious risks under the Civil Liability Act 2003 (Qld).
3. Dangerous recreational activity. I acknowledge horse riding and the Activities are a "dangerous recreational activity" within the meaning of the Civil Liability Act 2003 (Qld). I acknowledge that, under section 19 of that Act, a person is not liable in negligence for harm I suffer from the materialisation of an obvious risk of a dangerous recreational activity, whether or not I was aware of the risk.
4. Risk warning (Civil Liability Act 2003 (Qld)). The Activities are a dangerous recreational activity involving significant risks. By taking part you may be injured, permanently disabled or killed, and your property may be damaged or lost. The Released Parties do not accept responsibility or liability for any such injury, death, loss or damage arising from the obvious risks of the Activities, to the fullest extent permitted by law.
5. Assumption of risk. I voluntarily and expressly assume all risks of the Activities, whether or not described here and whether or not obvious, foreseen or unforeseen, including risks from the inherent and unpredictable nature of horses. I participate at my own risk.
6. Release. To the fullest extent permitted by law, I release and forever discharge the Released Parties from all claims, demands, actions, costs and liabilities of any kind (including in negligence) for any personal injury, illness, death, psychological harm, or loss of or damage to property that I (or the minor) may suffer arising out of or in connection with the Activities. This operates to the maximum extent permitted by the Civil Liability Act 2003 (Qld), the Australian Consumer Law, and any other applicable law.
7. Indemnity. To the fullest extent permitted by law, I indemnify and keep indemnified the Released Parties against all claims, liabilities, losses, damages, costs and expenses (including legal costs) arising out of or in connection with my (or the minor's) participation, including any claim by or on behalf of me, the minor, or any third party for loss or damage I or the minor cause. This does not apply to the extent a liability is caused by the Released Parties' reckless conduct or to the extent not permitted by law.
8. Australian Consumer Law — recreational services. The Activities are "recreational services" under section 139A of the Competition and Consumer Act 2010 (Cth). To the maximum extent permitted by that section, I agree that the consumer guarantees that would otherwise apply (including that services are rendered with due care and skill, are fit for a particular purpose, and achieve a desired result) and any liability of the Released Parties for breach of those guarantees are excluded, restricted and modified so far as they relate to liability for death of, or physical or mental injury to, any person. This exclusion does not apply to significant personal injury caused by the reckless conduct of a supplier, and nothing here excludes any guarantee, right or remedy that cannot lawfully be excluded. This clause is limited to death and personal injury and does not exclude liability for property damage.
9. Rider declaration. I have honestly disclosed my level of riding experience and ability, and understand horses and routes are allocated in reliance on it. I am physically fit and well to take part and am not affected by alcohol or any drug that may impair safe riding. I have disclosed all relevant injuries, disabilities, medical conditions, allergies and any pregnancy that may affect safe participation or be aggravated by the Activities. I should not participate if in any doubt and should obtain my own medical advice. I have current ambulance and/or health cover or accept responsibility for the cost of any medical or evacuation services. I weigh no more than any weight limit notified for the horse assigned to me.
10. Safety equipment and directions. I will wear an approved equestrian helmet, correctly fitted and fastened, at all times while mounted, and enclosed footwear with a small heel. I will follow all safety directions, briefings, rules and instructions at all times, and understand failure to do so may increase risk and may result in removal without refund. I will not behave recklessly or endanger myself, others, staff or the horses.
11. Minors (under 18). I confirm I am the parent or legal guardian of the named minor with authority to sign for them. I have explained the nature and risks to the minor appropriately. For and on behalf of the minor and in my own right, I make the acknowledgements, assume the risks, give the release in clause 6 and grant the indemnity in clause 7 as if each reference to "I" included the minor. I indemnify the Released Parties against any claim brought by or on behalf of the minor (including after the minor turns 18) arising out of the minor's participation, to the fullest extent permitted by law.
12. General. This agreement is governed by the laws of Queensland, Australia, and I submit to the non-exclusive jurisdiction of its courts. If any part is invalid or unenforceable it is read down or severed and the remainder continues. This binds me and my heirs, executors, administrators and personal representatives. I confirm I am at least 18 (or am signing as parent/guardian under clause 11), that my information is true and complete, and that I have read and understood this agreement.