Texas is not California. Thankfully - Page 2 - The Horse Forum
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post #11 of 41 Old 05-28-2013, 12:05 PM
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Join Date: Nov 2010
Location: OK
Posts: 13,836
• Horses: 9
I have every single person who comes over and wants to interact with the horses in anyway fill out one of these. OK is pretty much like TX but having lived in AZ & CA, I appreciate a good Hold Harmless agreement.

Equine Activity Release and Hold Harmless Agreement
1. I, __________________________, the undersigned have read and
understand, and freely and voluntarily enter into this Release and Hold Harmless
Agreement with _______________________________________________ (Company),
understanding that this Release and Hold Harmless Agreement is a waiver of any
and all liability(ies).
2. I understand the potential dangers that I could incur in mounting,
riding, walking, boarding, feeding said horse; including, but not limited to,
any interactions with other horses. Understanding those risks I hereby release
that Company, its officers, directors, shareholders, employees and anyone else
directly or indirectly connected with that Company from any liability whatsoever
in the event of injury or damage of any nature (or perhaps even death) to me or
anyone else caused by or incidental to my electing to mount and ride a horse
owned or operated by __________________________________.
3. I understand and recognize and warrant that this Release and Hold
Harmless Agreement, is being voluntarily and intentionally signed and agreed to,
and that in signing this Release and Hold Harmless Agreement I know and
understand that this Release and Hold Harmless Agreement may further limit the
liability of equine professionals to include any activity, whatsoever, involving
an equine, including death, personal injury and/or damage to property.
4. I recognize and agree that I know which equine professional(s) I will be
working with, and acknowledge that I agree said equine professional(s) has/have
made reasonable and prudent efforts to determine my ability to engage in the
equine activity, and has/have sufficient knowledge of my equine and horseback
riding skills as to relieve, release and hold harmless said equine
professional(s) from any continuing duty to monitor my equine activities.
5. I further voluntarily agree and warrant to Release and Hold Harmless this
(these) equine professional(s) from any liability whatsoever, including, but not
limited to, any incident caused by or related to said equine professional’s (s’)
negligence, relating to injuries known, unknown, or otherwise not herein
disclosed; including, but not limited to, injuries, death or property damage
from: mounting; riding; dismounting; walking; grooming; feeding; use of horse
barn, paddock, trails or horse ring, in any capacity; falling off horse whether
horse is bucking, flipping, spooked; or my failure to understand any equine
professional’s directions relating to my riding or otherwise use and control, or
lack thereof, of my horse or the horse I have been assigned to.
Date: ________________________________
Company: ____________________________
Person voluntarily entering into this Release and Hold
Harmless Agreement:

______________________________
/s/ signature
______________________________
Printed Name


If minor, person representing himself/herself to the lawful Guardian under this
Release and Hold Harmless Agreement:


_________________________________________
/s/ Signature


__________________________________________
Printed Name


Feel free to use it and make it fit your situation.



That said, what a friggin beast! I wouldn't let her ever set foot on my property again. Sounds like she's nuttin, come from nuttin and goin to be nuttin.
Corporal, AlexS, wausuaw and 1 others like this.

Dreamcatcher Arabians is offline  
post #12 of 41 Old 05-28-2013, 12:15 PM Thread Starter
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Join Date: May 2011
Location: Texas
Posts: 6,015
• Horses: 0
The attorney that works for my families estate and the insurance agent I use both agree the young lady was at fault.
I am certain she is being coached by one or both of her parents.
Her grandmother here in Texas still has the baby. she has not yet made bail and cant for a while it appears.
Hopefully she will learn a lesson from this and get back to school next year.
Since she has failed to get a driving permit her grandmother has taken the Jeep back. It cost her 225$ to get it out of the impound.
What I find baffling is instead of coming to get this 6 month old baby the father and his mother are more concerned with bail money. Shalom
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post #13 of 41 Old 05-28-2013, 12:25 PM
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Join Date: Nov 2010
Location: OK
Posts: 13,836
• Horses: 9
Quote:
Originally Posted by dbarabians View Post
The attorney that works for my families estate and the insurance agent I use both agree the young lady was at fault.
I am certain she is being coached by one or both of her parents.
Her grandmother here in Texas still has the baby. she has not yet made bail and cant for a while it appears.
Hopefully she will learn a lesson from this and get back to school next year.
Since she has failed to get a driving permit her grandmother has taken the Jeep back. It cost her 225$ to get it out of the impound.
What I find baffling is instead of coming to get this 6 month old baby the father and his mother are more concerned with bail money. Shalom
I hate to say that it doesn't surprise me a bit. Sad, sad, sad.
Corporal, dbarabians and nuisance like this.

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post #14 of 41 Old 05-28-2013, 01:05 PM
Foal
 
Join Date: Jan 2012
Location: oregon
Posts: 172
• Horses: 1
This is why everyone that steps foot in the barn I ride at has to sign a form. It pretty much says horses can kill you its not our fault if you get hurt.

The baby might be better off with its grandma. By the sounds of it this girl isn't mature enough to raise a kid.
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post #15 of 41 Old 05-28-2013, 01:54 PM
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Join Date: Dec 2010
Location: southern Arizona
Posts: 12,110
• Horses: 4
State laws and court decisions have a huge impact on liability. I'd recommend spending a bit of money to have a lawyer licensed in your state draw up a release form. For example, in Arizona, the court decided - with no input from anyone who had ever owned a horse - that 'control a horse' meant mounted with reins in hand.

So where the AZ law says, "2. "Release" means a document that a person signs before taking control of an equine from the owner or owner's agent", the court decided that did not apply to anything that happened prior to a rider being fully seated in the saddle, with reins in hand. I don't know of any horse owner who defines it that way...but any release drawn up in Arizona would need to be very specific.

As the court noted:
"A prospective exculpatory covenant like defendants' release must be strictly construed against the party seeking to enforce it. Morganteen v. Cowboy Adventures, Inc., --- Ariz., ----, 949 P.2d 552 (App.1997); Sirek. Indeed, Arizona courts view such provisions with disfavor:
  • The law disfavors contractual provisions by which one party seeks to immunize himself against the consequences of his own torts. Although there are exceptions to the principle disfavoring attempts to gain immunity, they are narrowly drawn and posit that certain conditions are met--that there is no public policy impediment to the limitation, and that the parties did, in fact, bargain for the limitation. Finally, a rule of construction governing the interpretation of such limitations requires that the limiting language be construed most strictly against the party relying on it."

Riders ask "How?" Horsemen ask "Why?"
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post #16 of 41 Old 05-28-2013, 02:02 PM
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Join Date: Apr 2008
Location: Orange County, NC
Posts: 6,303
• Horses: 5
^^^^ Although I haven't seen it happen in NC, I have seen similar cases where courts have ruled that Hold Harmless agreements were not valid.
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post #17 of 41 Old 05-28-2013, 02:05 PM
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Join Date: Jul 2008
Location: Texas
Posts: 5,408
• Horses: 5
God bless Texas.....
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post #18 of 41 Old 05-28-2013, 02:11 PM
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Join Date: Jul 2010
Location: East Central Illinois
Posts: 7,135
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Dreamcatcher, that reminds me of my old waiver, except it got to be 2 pages before I stopped teaching in 1994.
Funny, the first thought I had was when will the National Notary Association tell us that the newest Notary paid job will be to witness waivers!! ROFL

A Jack and Three Queens, the latest book by James C. Dedman, Amazon.com
Hope that you fall in love with "Trot", like I did! https://www.horseforum.com/general-of...queens-617793/
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post #19 of 41 Old 05-28-2013, 02:14 PM
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Join Date: Apr 2011
Location: Bryan, TX
Posts: 316
• Horses: 3
Even though I am in Texas, I still have people sign liability waiver. I do that for the most part so that the OTHER person knows that there is inherent risk, and if they die its not MY problem (financially, even if I'd still feel terrible about it). It's amazing how many people don't seem to realize that (that horses are large and anything to do with them could be dangerous).

Most people (there's not many I allow to ride) are fine, I HAVE had 1 person decide they weren't going to ride until the insurance at their new job kicked in. I'm happy for Texas law, tho... I think it's sensible. There was one girl (I didn't even know) who got drunk at a neighbors and decided to come to MY house and jump on a horse in the middle on the night! (I was thoroughly displeased- she almost got herself shot, and the neighbor got an earful about controlling their guests).

If she had gotten hurt, and I was in a less sensible area I can see how some ****** lawyer may have tried to make it my fault for some reason. Ugh.
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post #20 of 41 Old 05-28-2013, 02:17 PM Thread Starter
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Join Date: May 2011
Location: Texas
Posts: 6,015
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Section 87 of the Texas Civil Code is pretty straight forward. It clearly states the due to the inherent risk involved when handling livestock owners are not liable for any damages when an injury occurs. Shalom
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