Confidentiality, waiver, indemnity and trial form

Please read this form carefully before participating in or observing any activity involving horses. It covers confidentiality, release and waiver of liability, assumption of risk, indemnity and non-disclosure. All information you provide will be treated in the strictest confidence.

In this form, the Participant is the person borrowing and trialling the saddle. The Venue is the Festival of Showjumping 2026. The Activity is the saddle trial and any riding or handling of horses by the Participant at the Venue.

The saddle is borrowed as-is from the Bates Saddles booth and may have been ridden in during the event. It will be fitted with a gullet of the Participant's choice, and further product adjustment items are available on request. The saddle will not be professionally fitted at the event. The Participant takes responsibility for the saddle selected, the fit on their horse, and the comfort of the horse whilst trialling using exterior riser pads or similar. The company is not responsible for any discomfort or injury shown by a horse or rider during or after a saddle trial.

Hammersmith Nominees Pty Ltd trading as Saddlery Brands International, Saddlery Brands International USA LLC and Saddlery Brands International UK Limited (the Provider) warns the Participant (and/or their parent or guardian, if under 18 years of age) that:

1. A horse is a large, heavy, herd animal, a creature of flight and can react without warning. It has highly developed senses of hearing, sight and smell, which can make its behaviour towards sounds, sudden movement, and unfamiliar objects, people or other animals unpredictable and potentially harmful to the Participant.
2. Regardless of past training or performance, a horse can bite, bolt, run, buck, fall, jump, make unpredictable movements, kick, pigroot, rear, roll, shy, slip, stumble, spook or stand on you whilst you are on or near it, and gear and equipment used may loosen or break (the Risks).
3. The Risks may increase, for example, if more than one horse is handled or ridden at the same time; other riders or handlers fail to obey the rules or are negligent; the condition of the Venue or terrain is rough, uneven, unstable or affected by weather; or unrelated activities are conducted near the Venue. The Risks are not limited to these circumstances. Because of the Risks, the Participant will be exposed, by handling or riding a horse, to the possibility of death, serious personal injury or disability (including paralysis and brain injury), even if the Participant observes the rules, at all times acts safely and wears an approved helmet and heeled boots.
4. The Provider and any associates engaged in providing the Activity are not liable for any loss or damage sustained by the Participant during the Activity. The Provider does not owe a duty of care to the Participant who engages in any recreational activity involving horses (including the Activity).

Saddle trial terms and return policy

5. The saddle is provided for a limited trial period as specified on the trial form.
6. The Participant agrees to return the saddle in person (or as otherwise directed) no later than the agreed date and time, in the same condition as provided, allowing for reasonable wear from normal trial use.
7. The Participant is responsible for any damage caused during the trial period beyond normal use.
8. While in possession of the saddle, the Participant assumes full responsibility for its care, security and use, and must not lend, sell or transfer it to any other party during the trial period.
9. The saddle remains the property of the company at all times. Retaining it beyond the agreed period without consent may be treated as unlawful possession of company property.
10. Failure to return the saddle within the agreed timeframe without prior written approval may result in:
    a) immediate disqualification from all future saddle trials, fittings or promotional programs;
    b) refusal of future services or participation in brand events;
    c) a formal request for return and, if necessary, escalation to recovery action (including contacting relevant event organisers or authorities if equipment is considered unreturned company property).

Assumption of risk and acknowledgements

11. The Participant acknowledges that they have read and understood the Risks above, that injury, death or property damage may result from any recreational activity involving horses, and that they voluntarily assume that risk — whether riding, handling or being in close proximity to a horse, on the premises of the Venue, or arising from any failure to wear protective clothing or from the use of gear and equipment, whether provided by the Provider, the Participant or the Venue.
12. If at any time during the Activity the Participant feels anything to be unsafe, they will notify the Provider and refuse to participate further.
13. The Participant will at all times follow the direction of the Provider and pay due regard to the safety of all other people present at the Venue, whether participating in the Activity or not.
14. The Participant confirms that, before and whilst taking part in the Activity, they:
    a) are not under the influence of drugs or alcohol, other than prescription medication;
    b) are in good health;
    c) have disclosed all physical disabilities and/or chronic illnesses or conditions to the Provider; and
    d) have honestly disclosed their level of experience with horses to the Provider so that the Activity may be adjusted to suit their skill.
15. Failure to comply with these rules or any misconduct will result in termination of the Participant's involvement in the Activity and may jeopardise its continuation. The Provider reserves the right to terminate the Participant's involvement, or the Activity, on such grounds at its absolute discretion.
16. The Participant acknowledges that any rights they may have under the Competition and Consumer Act 2010 arising from the Provider's breach of an implied warranty of due care and skill are excluded to the fullest extent permitted by law.

Indemnity

17. The Participant agrees to indemnify, save and hold harmless, to the fullest extent permitted by law, the Provider and their associates from and against any loss, liability, damage, cost or harm they may incur arising out of or in any way connected with injury sustained as a result of participation in the Activity.
18. The Participant will not make any claim or bring any legal action against the Provider or their associates on account of any liability excluded by this document. This agreement is governed by the laws of the State of Western Australia and is intended to be as broad and inclusive as permitted by law. If any portion of this agreement is determined to be invalid, illegal or unenforceable, the balance of the agreement shall continue in full legal force and effect.
19. As consideration for being permitted by the Provider to participate in these activities and use their equipment, premises and facilities, the Participant unconditionally releases Hammersmith Nominees Pty Ltd trading as Saddlery Brands International, Saddlery Brands International USA LLC and Saddlery Brands International UK Limited, and their respective directors, officers, employees, volunteers, agents, contractors and representatives (collectively the Releasees) from any and all actions, claims or demands that the Participant or their representatives may have in the future, for injury, death or property damage, related to (i) their participation in these activities, (ii) the negligence or other acts, whether directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises where these activities occur, whether or not the Participant is then participating.

Confidentiality

20. During these activities the Participant may obtain or have access to confidential information concerning Saddlery Brands International or its business affairs, including non-released products. The Participant must not use or disclose this information to any other person, now or in the future, without the prior written consent of Saddlery Brands International.

Term and termination

21. This waiver is valid until the end of June 2026 unless terminated by either party. Either party may terminate it for any reason at any time, provided the terminating party gives the other thirty (30) calendar days' prior written notice.