FURSAN FARM – PARTICIPANT WAIVER

Important Notice – Please Read Carefully

This document affects your legal rights and obligations. Please read it thoroughly and only sign if you fully understand and agree to its terms.
If the participant is under 18 years of age, this waiver must be completed by a parent or legal guardian.

Risk Warning

I acknowledge and accept that participation in any activities provided or facilitated by Fursan Farm involves inherent risks, which may include but are not limited to:

  • Physical, psychological, or bodily injury, or even death.
  • Physical exertion beyond my typical level of fitness or experience.
  • Equipment failure or the use of inadequate or unsuitable equipment.
  • Limited or unavailable access to medical facilities or emergency transport in case of injury.
  • Unpredictable and changing environmental conditions such as weather, terrain, or animal behavior.
  • Risk of causing injury to others or being injured by others, including fellow participants.

I understand that I may suffer injury or death due to the negligence, breach of contract, or statutory duty on the part of Fursan Farm, its staff, volunteers, or contractors.

I confirm that I am engaging in these activities for recreational, leisure, or enjoyment purposes, and I acknowledge that they involve a significant degree of risk of physical harm.

I understand that many Fursan Farm activities are conducted in a group environment, and that Fursan Farm is not responsible for the conduct or actions of other participants.

By signing below, I confirm that the nature of the risks involved in activities at Fursan Farm have been clearly explained to me. I voluntarily choose to participate and accept all such risks at my own responsibility.

This risk warning is issued in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).

Participant’s Warranties

I agree to comply with all rules and safety protocols set by Fursan Farm, and to follow any directions or instructions provided by its staff during the course of the activities. I also agree to use and/or wear any equipment supplied to me by Fursan Farm as directed.

I declare that I am medically and physically fit to participate in the activities offered by Fursan Farm. I understand that I must, and agree that I will, disclose any pre-existing medical condition, injury, or concern that may increase the risk of harm to myself or others. I further agree to inform Fursan Farm of any injury, illness, or concern that may arise before or during participation.

I will not engage in any reckless, negligent, or irresponsible behavior that could endanger myself, other participants, Fursan Farm staff, or any other person.

If I suffer any injury or illness during my time at Fursan Farm, I authorize staff to arrange for evacuation, first aid, and/or medical treatment as deemed necessary. I acknowledge that such treatment will be at my own expense, and I provide my consent for such assistance by accepting these terms.

I confirm that I have not consumed alcohol, any mind-altering substances, or any medications that may impair my judgment or physical abilities prior to or during my participation in the activities at Fursan Farm.

Exclusion of Liability

I agree to unconditionally release, waive, discharge, and forever hold harmless Fursan Farm, including its employees, agents, directors, and officers, from any and all claims arising from personal injury sustained by me in connection with or as a result of participating in activities at Fursan Farm. This release applies regardless of whether the injury was caused by negligence, a willful act or omission, breach of contract, breach of statutory duty, error, or any other cause.

I acknowledge and accept that Fursan Farm is not liable for any personal injury claims that may be brought against it in connection with any act, omission, failure, default, or error by Fursan Farm or its representatives. I further agree to indemnify and hold harmless Fursan Farm from any such claims made against it by me or on my behalf.

Waiver of Statutory Guarantees under Australian Consumer Law

Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), certain statutory guarantees apply to the supply of goods and services. However, in the context of recreational services, a supplier is permitted to ask participants to agree that these guarantees do not apply.

By signing this form, you acknowledge and agree that your rights—or the rights of any person for whom or on whose behalf you are acquiring the services—to sue Fursan Farm for any failure of the services or activities to comply with these statutory guarantees are excluded, restricted, or modified to the extent permitted by law.

This means that you may not be able to seek compensation from Fursan Farm even if the recreational services or activities do not meet the standards normally required by law.

For Participants in Victoria
Warning under the Australian Consumer Law and Fair Trading Act 2012 (Vic)
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of goods and services. These guarantees require that the supplier named on this form must ensure that any recreational services it provides:

  • Are delivered with due care and skill;
  • Are reasonably fit for any purpose that you, expressly or impliedly, make known to the supplier; and
  • Might reasonably be expected to achieve any result that you have made known to the supplier.

Under Section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), a supplier of recreational services is entitled to request that you agree to waive these statutory guarantees.

By signing this form, you acknowledge and agree that your rights to sue the supplier—Fursan Farm—under the Australian Consumer Law and Fair Trading Act 2012 (Vic) are excluded, restricted, or modified as set out in this document. This includes situations where you are injured or killed and the services provided did not comply with the statutory guarantees.

Agreement to Exclude, Restrict or Modify Rights
I agree that the liability of Fursan Farm for any personal injury suffered by me (or by a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services is excluded, to the fullest extent permitted by law.

Note: This exclusion does not apply in cases of gross negligence.
Gross negligence refers to an act or omission done with reckless disregard, whether consciously or not, for the consequences of that act or omission.
(Refer to 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.)