Horse Industry – Waivers Across NSW, ACT, QLD and WA
A waiver is a legal document or clause in a legal document that seeks to limit the liability of an organisation in the event that a participant suffers a loss or injury. This limitation of liability can only be done within the framework of the relevant laws of the State or Territory, or they will be deemed void.
Waivers may have greater benefits in managing risk by highlighting the hazards inherent in the activity to the participant. Making the participant aware of these dangers may cause them to modify their behaviour and therefore make safer decisions. It also prevents any claims later on that the participant was not aware of the activity’s risks.
Additionally, by including a self-assessment in the risk acknowledgement declaration, it provides some protection for the organisation if there is a claim arising from the incompatibility of a horse and rider. It places some liability back on the participant who overrates his or her ability to the organisation or business.
Waivers and risk acknowledgement declarations are essential for organisations, businesses and individuals in the horse industry. Whether you are a large riding school, an event organiser, a private instructor, or a potential buyer riding a horse for sale, waivers and risk acknowledgements are very important to ensuring everyone is aware of the risks involved and where the liability falls should there be an accident.
It is a common misconception that a waiver in a contract will protect an equine professional from any and all liability when someone is hurt (or dies) whilst engaged in an equine-related activity. While waivers should be used, they cannot protect you from all liability whatsoever, and misunderstanding your legal obligations may have a severe impact on your business.
The law recognises that horses (or other defined equine) are big, unpredictable and easily startled (amongst other things) and cannot always be controlled by an equine professional. The law recognises those characteristics to be the inherent risks of equine activities and does not impose liability for personal injury on an equine professional for injuries caused by those inherent risks.
That protection does not prevent liability if the equine professional:
Equine Activity is broadly defined at law to include anything from participating in shows, fairs and competitions through to farrier work, and most activity in between.
This is the only necessary comparison section. Everything else remains in narrative form as you provided.
| Jurisdiction | Relevant Risk Warning Law | Special Requirements |
| NSW | Civil Liability Act 2002 (NSW) | Risk warnings available for dangerous recreational activities and obvious risks. No prescribed wording. |
| ACT | Civil Law (Wrongs) Act 2002 (ACT) | Mandatory wording for warning signs. Letters must be at least 2 cm high and displayed conspicuously near the arena. |
| QLD | Civil Liability Act 2003 (Qld) | No mandatory statutory wording. Risk warnings should be given before participation. |
| WA | Civil Liability Act 2002 (WA) | Equine activities are dangerous recreational activities. No mandatory wording but warnings should be clear and visible. |
NSW
Risk warnings under the Civil Liability Act 2002 (NSW) can protect an equine operator from liability for injuries resulting from the inherent risks of horse riding and associated activities. Written or verbal warnings should be clearly provided before the activity.
ACT
The Civil Law (Wrongs) Act 2002 (ACT) requires an equine professional to display the following warning:
WARNING
Under the Civil Law (Wrongs) Act 2002, an equine professional is not liable for injury to, or the death of, a participant in an equine activity that results from an inherent risk of the activity. This is subject to limitations set out in the Act.
The notice must be in black letters at least 2 cm high and displayed in a conspicuous place near the arena.
Queensland
Under the Civil Liability Act 2003 (Qld), equine activities qualify as dangerous recreational activities. A clear risk warning should be given before participation. No mandatory wording applies.
Western Australia
Under the Civil Liability Act 2002 (WA), equine activities are categorised as dangerous recreational activities. A clear and visible risk warning should be given, although WA has no mandatory wording requirements.
Obtain legal advice on the appropriate wording to include in your written contract, which should be provided to each participant prior to the provision of professional equine services.
Insurance should cover more than the inherent risks of equine activities. It must extend to circumstances where the equine professional may have been negligent, or where, for example, a horse bolts onto a road and causes an accident.
You should also ensure that you are complying with your obligations at law and have proper insurance in place to protect you where the law does not.
Chamberlains specialist equine law team can help you prepare the correct waivers and can offer discounted packages on a range of other documents, including:
