Polocrosse Association of NSW Incorporated eNewsletter

2025 PANSW Liability Waiver

Re: Participating in the sport of polocrosse ("Activity")

I wish to participate in the sport of polocrosse and become a member of the Polocrosse Association of New South Wales Incorporated ("PANSW").

First Name *

Last Name *

Membership Number *

("the Rider"), acknowledge, warrant and accept that:

1. The Activity is a dangerous recreational activity and horses can act in sudden and unpredictable ways, especially if frightened or hurt.
2. I acknowledge and freely sign the waiver below.

In this waiver:
“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence, but does not include a claim against PANSW by any person entitled to make a claim under a relevant PANSW insurance policy or under the PANSW Constitution or PANSW Regulations.

“PANSW” means Polocrosse Association of New South Wales Incorporated and its subsidiaries, members (including affiliated state and territory associations, sub-associations and clubs) and their respective directors, officers, members, servants and agents.

“PANSW Activities” means performing or participating in any capacity in any authorised or recognised PANSW activity, including but not limited to polocrosse training or competitions sanctioned or approved by a club, state or national organisation, polocrosse tournaments and any other polocrosse event or activity including social events.

WARNING

1. PANSW Activities can be inherently dangerous.

2. I acknowledge that I am expose to certain risks during PANSW Activities including but not limited to physical exertion, contact with animals and equipment, body contact, venue, and wet conditions. I acknowledge that my horse will be exposed to the same inherent risks during PANSW Activities.

3. I acknowledge that accidents can and often do happen which may result in myself or my horse being injured or even killed, or my property being damaged.

4. I acknowledge that there is a risk of equipment failure or the use of inadequate equipment.

5. I acknowledge that there may be no facilities, or inadequate facilities, for treatment or transport to treatment if I am injured.

6. I acknowledge that the Activity is being undertaken for the purposes of recreation, enjoyment or leisure, and involves a significant risk of physical harm.

7. I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that PANSW is not liable for the actions of other participants in the group activity.

8. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in PANSW Activities.

I acknowledge that the risk warning above constitutes a 'risk warning' in accordance with the Civil Liability Act 2002 (NSW).

PARTICIPANT'S WARRANTIES

9. I agree to abide by any of the PANSW rules, and any direction or instruction given to me by PANSW during the course of the Activities.

10. I declare that I am medically and physically fit and able to participate in the Activity.

11. I warrant that I will not engage in any reckless, criminal, negligent, foolish or any other behavious that is likely to cause injury to me, any other participant or person.

12. I declare that I will not consume any alcohol, mind altering substance or medication that may impact my judgement or physical capacity at the time of engaging in the Activity.

WAIVER
13. Without limiting the generality of the risks associated with the Activity, I acknowledge and accept a specific warning of the following risks:
(a) The risk of physical injury caused by horses, including but not limited to collisions between horses, horses falling or the Rider falling from the horse.
(b) The risks associated with the Activity at speed on uneven grounds and on grounds with divots.
(c) The increased risk associated with weather conditions and the subsequent deterioration of ground surface.
(d) The risk of minor to serious physical injury, including sustaining cuts, bruises, abrasions, sprains, fractures, and head or spinal injuries.
(e) The risk of death to the rider and the horse.

14. I acknowledge that I have been warned this activity is inherently dangerous and carries with it potential risks including the risk of death, serious injury and other damage to my person and property.

15. I acknowledge that undertaking activities in relation to horse riding carries with it inherent risks to the physical wellbeing of the horse, and I release PANSW and related entities from any injury that may arise to horses in my care whilst undertaking the Activity.

16. In consideration for being permitted to participate in the Activity, to the maximum extent permissible at law, I:
(a) Waive, release, and discharge PANSW and related entities from all claims and liability for my death, disability, personal injury and property damage in any way arising out of my participation in the Activity. I acknowledge that this waiver and release extends to their directors, officers, employees, volunteers, representatives, agents and sponsors.

(b) Hold harmless and indemnify other riders participating in the Activity from any and all liability for personal injury (including in respect of defence costs and expenses) that I may suffer, or my spouses, heirs, next of kin or any other relatives may suffer, as a result of the actions of one or more of the riders participating in the Activity, including but not limited to acts, omissions, negligence, breaches of any statutory or other duty of care.

17. I acknowledge and intend that this waiver and release bind me, my executors, administrators, heirs and successors.

18. I consent to receiving any reasonably appropriate medical treatment that may be deemed necessary or advisable by a certified first aid officer, registered paramedic, medial practitioner in the event of any injury, accident or illness suffered while participating in this Activity.

19. It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue PANSW in relation to the PANSW's services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

20. By signing this form, you agree that the liability of PANSW in relation to the Activity (as defined by the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW)) for any:

(a) Deaths;

(b) Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);

(d) The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, for of behaviour, course of conduct or state of affairs in relation to an individual:

(i) That is or may be harmful or disadvantageous to you or the community; or

(ii) That may result in harm or disadvantage to you or the community.

That may be suffered by you resulting from the supply of recreational services or recreational activities is excluded.

21. You acknowledge that the above provision operates to exclude the liability of PANSW as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5N of the Civil Liability Act 2002 (NSW).

SEVERANCE
If any provision of this waiver is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. IF the phrase or clause cannot be read down it will be severed to the extent of the invalidity and unenforceability of it in any other jurisdiction. Such severance does not affect the remaining provisions of this registration declaration or affect the validity or enforceability of it in any other jurisdiction.

Digital Signature *

Undo

Clear

Write your signature above the line

Name *

Mobile

Date of Birth *

Email *

Where the applicant is under 18 years of age this form must be signed by the Rider’s parent or legal guardian.

This is to certify that I, as a parent/guardian for the Rider, acknowledge, understand and accept ALL OF THE ABOVE. I have had sufficient opportunity to read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, sign it freely and voluntarily without inducement of any kind.

I understand that my signature to this document constitutes a complete and unconditional release of liability of PANSW and its related entities, employees and/or agents to the greatest extent allowed by law in the event of the children under my care suffering injury or death.

Signature of parent/guardian

Undo

Clear

Write your signature above the line

Name of parent/guardian

Date

Thank you for your submission. It has been received successfully.

ACKNOWLEDGEMENT OF WARNING, HOLD HARMLESS, WAIVER, RELEASE AND CONSENT FOR PARTICIPATING IN A DANGEROUS RECREATIONAL ACTIVITY

Re: Participating in the sport of polocrosse (“Activity”)

I wish to participate in the sport of polocrosse and become a member of the Polocrosse Association of New South Wales Incorporated (‘PANSW’).

I, __________________________________________ (‘the Rider’), acknowledge, warrant and accept that:

1. The Activity is a dangerous recreational activity and horses can act in sudden and unpredictable ways, especially if frightened or hurt.

2. I acknowledge and freely sign the waiver below.

In this waiver:

“Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence, but does not include a claim against PANSW by any person entitled to make a claim under a relevant PANSW insurance policy or under the PANSW Constitution or PANSW Regulations.

“PANSW” means the Polocrosse Association of New South Wales Incorporated and its subsidiaries, members (including affiliated state and territory associations, sub-associations and clubs) and their respective directors, officers, members, servants and agents.

“PANSW Activities” means performing or participating in any capacity in any authorised or recognised PANSW activity, including but not limited to polocrosse training or competitions sanctioned or approved by a club, state or national organisation, polocrosse tournaments and any other polocrosse event or activity including social events.

WARNING

1. PANSW Activities can be inherently dangerous.

2. I acknowledge that I am exposed to certain risks during PANSW Activities including but not limited to physical exertion, contact with animals and equipment, body contact, venue, and wet conditions. I acknowledge that my horse will be exposed to the same inherent risks during PANSW Activities.

3. I acknowledge that accidents can and often do happen which may result in myself or my horse being injured or even killed, or my property being damaged.

4. I acknowledge that there is a risk of equipment failure or the use of inadequate equipment.

5. I acknowledge that there may be no facilities, or inadequate facilities, for treatment or transport to treatment if I am injured.

6. I acknowledge that the Activity is being undertaken for the purposes of recreation, enjoyment or leisure, and involves a significant risk of physical harm.

7. I acknowledge that the Activity may be undertaken with one or more other persons as part of a group and that PANSW is not liable for the actions of other participants in the group activity.

8. I have read and understood this warning and voluntarily accept and assume the inherent risks in participating in PANSW Activities.

I acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW).

PARTICIPANT’S WARRANTIES

9. I agree to abide by any of the PANSW rules, and any direction or instruction given to me by PANSW during the course of the Activities.

10. I declare that I am medically and physically fit and able to participate in the Activity.

11. I warrant that I will not engage in any reckless, criminal, negligent, foolish or any other behaviour that is likely to cause injury to me, any other participant or person.

12. I declare that I will not consume any alcohol, mind altering substance or medication that may impact my judgement or physical capacity at the time of engaging in the Activity.

WAIVER

13. Without limiting the generality of the risks associated with the Activity, I acknowledge and accept a specific warning of the following risks:

(a) The risk of physical injury caused by horses, including but not limited to collisions between horses, horses falling or the Rider falling from the horse.

(b) The risks associated with the Activity at speed on uneven grounds and on grounds with divots.

(d) The risk of minor to serious physical injury, including sustaining cuts, bruises, abrasions, sprains, fractures, and head or spinal injuries.

(e) The risk of death to the rider and the horse.

16. In consideration for being permitted to participate in the Activity, to the maximum extent permissible at law, I:

(a) Waive, release, and discharge PANSW and related entities from all claims and liability for my death, disability, personal injury and property damage in any way arising out of my participation in the Activity. I acknowledge that this waiver and release extends to their directors, officers, employees, volunteers, representatives, agents and sponsors.

17. I acknowledge and intend that this waiver and release bind me, my executors, administrators, heirs and successors.

18. I consent to receiving any reasonably appropriate medical treatment that may be deemed necessary or advisable by a certified first aid officer, registered paramedic, medical practitioner in the event of any injury, accident or illness suffered while participating in this Activity.

19. It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you sign this form, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue PANSW in relation to the PANSW’s services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

(a) Deaths;

(b) Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);

(d) The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:

(i) That is or may be harmful or disadvantageous to you or the community; or

(ii) That may result in harm or disadvantage to you or the community.

That may be suffered by you resulting from the supply of recreational services or recreational activities is excluded.

SEVERANCE

If any provision of this waiver is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. IF the phrase or clause cannot be read down it will be severed to the extent of the invalidity and unenforceability of it in any other jurisdiction. Such severance does not affect the remaining provisions of this registration declaration or affect the validity or enforceability of it in any other jurisdiction.

Signature: ____________________________________

Name: ________________________________________

Address: ______________________________________

Phone: ________________________________________

Date of Birth: _________________________________

Where the applicant is under 18 years of age this form must be signed by the Rider’s parent or legal guardian.

Dated: ____________________________

Signature of parent/guardian: _____________________________________

Name of parent/guardian: __________________________________________