Need a release of liability form
 
 

       The Horse Forum > Keeping and Caring for Horses > Horse Talk

Need a release of liability form

This is a discussion on Need a release of liability form within the Horse Talk forums, part of the Keeping and Caring for Horses category
  • North dakota equine liability release
  • Release form for person riding your horse

Like Tree5Likes
  • 1 Post By beau159
  • 2 Post By CowboyBob
  • 1 Post By CCH
  • 1 Post By CCH

 
LinkBack Thread Tools
    02-13-2013, 02:38 PM
  #1
Green Broke
Need a release of liability form

Does anyone have a riding release of liability form that I could "borrow"?

I privately board two horses. I have a couple friends (who have never ridden horse) that want to come out and ride sometime, which I have no problem with.

Now I wouldn't be giving "lessons" exactly. And they would just be riding the one horse in the corral while on a lunge line, with me on the ground.

Still I know that accidents can happen. And while these are both good friends and I don't think they would ever sue me if something happened, I guess I've just seen too many court TV shows where best friends are sueing each other. So I'd rather just have my bases covered.

Most people I know have a liability form if you come riding with them, so I figured it'd be a good thing to have. And I've never felt offended signing forms for other people to ride their horses, so I don't suspect my friends would have a problem with it either.

So! Anyone have a form I can "borrow"? (AKA steal it for my own )
     
Sponsored Links
Advertisement
 
    02-13-2013, 02:50 PM
  #2
Yearling
Found this online Beau! A little long, but better to safe than sorry. Just a general template. You can alter it for whatever you need. This one has some information and facts on riding too which I thought was handy just in case those non-horsey people aren't too sure how dangerous it can ultimately be.

HORSE RIDING AGREEMENT AND LIABILITY RELEASE FORM

This form must be completed by and for each participant.
PREMISES OWNERS NAME IS (Owner, Farm, Business name), hereinafter known as (Farm Name).
LOCATION OR ADDRESS: __________________________________________________ ________.

PLEASE READ CAREFULLY BEFORE SIGNING

SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY. (FARM NAME) DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR HORSE. IT IS HEREBY AGREED TO AS FOLLOWS THAT:

A. REGISTRATION OF RIDERS AND AGREEMENT PURPOSE I, the following individual hereinafter known as the “RIDER”, and the parents or legal guardians thereof if a minor, do hereby voluntarily request and agree to participate in horse riding on premises (FARM NAME), and that this RIDER will ride his/her own horse or one borrowed or leased by RIDER’S own arrangement today and on all future dates:

RIDER NAME & AGE (if under 21):______________________________________________ __________________

B. AGREEMENT SCOPE AND TERRITORY AND DEFINITIONS – This agreement shall be legally binding upon me the registered RIDER, and the parents or legal guardians thereof if a minor, my heirs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of (state and county) . Any disputes by the RIDER shall be litigated in and venue shall be (state and county).

The term “HORSE” herein shall refer to all equine species. The term “HORSEBACK RIDING” or “RIDING” herein shall refer to riding or otherwise handling of horses, ponies, mules, or donkeys, whether from the ground or mounted. The term “RIDER” shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground.
The terms “I”, “me”, “my” shall herein refer to the above registered rider and the parents or legal guardians thereof if a minor.

C. ACTIVITY RISK CLASSIFICATION – Horseback riding is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and that there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. According to NEISS (National Electronic Injury Surveillance Systems of United States Consumer Products) horse activities rank 64th among the activities of people relative to injuries that result in a stay at U.S. Hospitals. Related injuries can be severe, requiring more hospital days and resulting in more lasting residual effects than injuries in other activities.

D. NATURE OF RIDING HORSES – No horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from a horse to ground it will generally be at a distance of from 31/2 to 51/2 feet, and the impact may result in injury to the rider. Horseback riding is the only sport where on much smaller, weaker predator animal (human) tries to impose its will on, and become on unit of movement with, another much larger, stronger prey animal with a mind of its own (horse) and each has a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short, changing directions or speed at will; shifting its weight; bucking; rearing; kicking; biting; or running from danger.

E. RIDER RESPONSIBILITY – Upon mounting a horse and taking up the reins, the RIDER is in primary control of the horse. The RIDER’S safety largely depends upon his/her ability to carry out simple instructions, and his/her ability to remain balanced aboard the moving animal. The RIDER shall be responsible for his/her own safety.

F. CONDITIONS OF NATURE – (Farm Name) is NOT responsible for total or partial acts, occurrences, or elements of nature that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: thunder, lightening, rain, wind, wild and domestic animals, insects, reptiles, which may walk, run, fly near, bite and/or sting a horse or person; and irregular footing on out-of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape.

G. INPSECTION OF PREMISES – RIDER has inspected (Farm Name) facilities and trails and is satisfied that all premises conditions are reasonably safe for RIDER’S intended purpose, usage and presence upon the (Farm Name) premises.

H. ACCIDENT/MEDICAL AND PERSONAL LIABILITY INSURANCE – Should medical treatment be required, I and/or my own accident/medical insurance company shall pay for all such incurred expenses. My accident/medical insurance company is____________________________ and my policy number is ____________________. Should my actions or that of my horse cause injury or damage of any kind, I and/or my own personal liability shall pay for such damages. My personal liability insurance company is____________________________ and my policy number is ____________________.

I. PROTECTIVE HEADGEAR WARNING – I have been fully warned and advised by (Farm Name) that the RIDER should purchase and wear protective headgear (riding helmet), and that the wearing of such headgear while mounting, riding, dismounting, and otherwise being around horses, may prevent or reduce severity of some head injuries and even prevent death from happening as the result of a fall or other occurrence. Minors 16 and under are required to wear protective headgear.

J. LIABILITY RELEASE – In consideration of (Farm Name) allowing my participation in this activity, under the terms set forth herein, I, the RIDER, and the parent or guardian thereof if a minor, do agree to hold harmless and release (Farm Name), its owners, agents, employees, officers, members, premises owners, insurers, and affiliated organizations from legal liability due to (Farm Name) ordinary negligence; and I do further agree that except in the event of (Farm Name)gross negligence and willful and wanton misconduct, I shall not bring any claims, demand, legal actions and causes of action, against (Farm Name) and/or its associates, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of (Farm Name), to include while riding, handling, or otherwise being near horses owned by or in the care, custody and control of (Farm Name).

All Riders and Parents or Legal Guardians must sign below after reading this entire document:

SIGNER STATEMENT OF AWARENESS

I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. I/WE FURTHER ATTEST THAT ALL FACTS RELATING TO THE APPLICANT ARE TRUE AND ACCURATE.

__________________________________________________ _______ DATE ______________________
SIGNATURE OF RIDER (Parent must sign for rider 17 & under.)

__________________________________________ for ________________________________________
SIGNATURE OF PARENT, or GUARDIAN (Please print)

DATE ___________________________

Address in full: __________________________________________________ _______________________

Home Phone #: ________________________ Bus. Phone #: ______________________
     
    02-13-2013, 02:56 PM
  #3
Green Broke
Perfect, thanks!!

Anyone else have any other variations?

Or advice about liability forms?
Annanoel likes this.
     
    02-13-2013, 03:18 PM
  #4
Weanling
Does ND have a Equine Protection Act? I think they do If so do you have it posted? Remember no matter the waver a it only stops people who think they can't sue because of the waver.
My best advice, have written standers and follow them. By all means have them sign a wave but its your written standers and other professionals agreeing with the steps you are taking to keep people and horses safe that will make the biggest difference if or when the horse crap hits the fan. Talk to your insurance company they may have ideas for you as well.
     
    02-13-2013, 03:24 PM
  #5
CCH
Weanling
Beau - I know firsthand how extensively jurors interpret ND's equine liability law (http://www.legis.nd.gov/cencode/t53c...20130213142109) in favor of a defendant's case. We tried some at the firm I was with. I am confident in saying, you will be fine even without the waiver for the purpose you have stated. There are so many other reasons that I won't even get into but they all center around various extremely boring legal/economic principals.

Edited to add: You technically don't even have to post the statute notice.
CowboyBob likes this.
     
    02-13-2013, 03:43 PM
  #6
Showing
^That's interesting info to know CCH, thanks for sharing that. I may have to look more into IN cases and laws. We've not had an incident here in 50 years but always good to know that kind of thing.
     
    02-13-2013, 04:01 PM
  #7
CCH
Weanling
Now the advice I should say is "ask your lawyer"!!

Generally, if you have insurance with good policy limits and assets that are not protected by a bankruptcy filing, then you would be a candidate for a plaintiff's attorney to bring suit against. If that is the case, get a lawyer licensed in your state to draft one for your specific needs.

Most of these liability waivers are crap though, especially the free internet ones. A person needs to know that they are construed against the draftor, meaning if you found it on the internet and provided it to someone for signature you would be the draftor. Any holes or mistakes in it will be taken in favor of the other party. A good attorney can get around most waivers. What they can't easily get around are statutes and case law - that is where the creative arguments and case building begin.

Insurance agents are big into getting their insureds to use waivers. Well guess what - in some cases the insurance company will try to use your waiver to say that they have no liability to pay a claim. If an insurance agent wants you to do a waiver - ask them to provide it and then send them a letter stating something like "per your direction, I am having my clients sign the waiver provided to me by your company"



NOTE** This is not the case for contractual issues like horse sales or boarding - people, get that stuff in writing. ANY writing just do something.
beau159 likes this.
     
    02-13-2013, 04:02 PM
  #8
Green Broke
Quote:
Originally Posted by CCH    
Beau - I know firsthand how extensively jurors interpret ND's equine liability law (http://www.legis.nd.gov/cencode/t53c...20130213142109) in favor of a defendant's case. We tried some at the firm I was with. I am confident in saying, you will be fine even without the waiver for the purpose you have stated. There are so many other reasons that I won't even get into but they all center around various extremely boring legal/economic principals.

Edited to add: You technically don't even have to post the statute notice.
Thanks for posting. I was aware of the liability law (I looked it up when we put together a private boarding agreement), but I guess I figured it wouldn't hurt to also have a personal liability form of some kind. But maybe that would just be overkill, since we do have a great horse law here in ND.
     
    02-13-2013, 04:25 PM
  #9
Foal
I am actually quite interested in this kind of stuff, I have signed numerous waivers when going to new barns and while I would never think to sue I have always been curious just how much a waiver protects the farm/instructor that I am working with.
     

Thread Tools

Similar Threads
Thread Thread Starter Forum Replies Last Post
Does anyone have a release form for someone riding your horse Horsnaround64 Horse Law 3 07-23-2012 09:47 AM
Boarder-Boardee Release form KickinUpDust Horse Boarding 3 05-30-2012 03:01 PM
Release form for someone to ride my horse emwiss86 Horse Law 5 06-26-2011 11:22 AM
Riding release form....help! emwiss86 Horse Talk 1 06-25-2011 04:37 PM
need a release form!!! chika1235 Horse Law 3 07-02-2009 05:02 AM



All times are GMT -4. The time now is 10:40 AM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0