ridecamp@endurance.net: Re: Liability Agreement

Re: Liability Agreement

Duncan Fletcher (dfletche@gte.net)
Tue, 11 Mar 1997 08:07:03 -0800

For those of you not in California, do NOT use this form. Go to
http://www.law.utexas.edu/dawson/index.htm and look under Equine Activity
Statutes. The text of your state's Equine Acivity Statute (if it has one)
will be there. Many states have very precise language that must be
followed. Some states require the posting of signs of a particular size and
with very specific language. The signage requirement will be found in the
statute and also in a separate listing at this web site. If you have any
questions, consult an attorney in your own state. If your state does not
have an Equine Activity Statute, I would also suggest consulting an
attorney. It is not clear whether the form was developed by an attorney,
how useful it would be, or for what circumstances it was developed. What is
useful for a boarding stable might not work for a lesson stable.

Duncan Fletcher
dfletche@gte.net

----------
> From: Nat & Richard <trailride@foothill.net>
> To: Liz Henry <lizh@best.com>
> Cc: Ridecamp@endurance.net
> Subject: Re: Liability Agreement
> Date: Thursday, March 06, 1997 1:23 PM
>
> Liz, here's what we use in the normal course of business. It may not
> cover all of your liability concerns, but it should help set
> expectations as far as the horse(s) go:
>
> <snip>
>
> Natalie's Barn & Breakfast
> When a Horse Acts Like a Horse...
>
> All in the spirit of "No Surprises," here is the waiver form that we ask
> our guests to sign. Some states already have this written into law. The
> California legislature is still working on it.
>
> Acknowledgement of Risk and Release of All Liability
>
> 1. Acknowledgement of Risk.
> I hereby acknowledge that horseback riding is an inherently
> dangerous activity and that horses, being prey animals, will on occasion
> behave according to instinct rather than training. While a guest at
> Natalie's Barn & Breakfast, or as the recipient of any service provided
> thereby, I agree to wear appropriate protective equipment and clothing
> while mounted or handling any horse.
>
> 2. Assumption of Risk.
> I accept all risks related to the presence and handling of horses
> while a guest at Natalie's Barn & Breakfast, or as the recipient of any
> service provided thereby. I hereby authorize Natalie's Barn & Breakfast,
> its owners or employees to seek medical attention for myself and/or
> veterinary care for my horse(s) in case of an emergency. I also agree to
> be financially responsible for any such care.
>
> 3. Release of Liability.
> I agree to hold Natalie's Barn & Breakfast, its owners and
> employees, harmless for any injury to me or to any other person
> accompanying me, or any damage to property, related to the actions of
> any horse, regardless of ownership or circumstance.
>
>
> (signed)_____________________________ Date:__________
>
>
> We ask that each guest, 18 years or older, sign a copy of this release.
>
> </snip>
>
>
> The above form is also available on our Web site at
>
> http://www.foothill.net/natalies/WAIVER.HTM
>
> Hope this helps.
>
> Regards, Nat & Richard
>
> --
> Natalie's Barn & Breakfast -- a B&B for horses ...and their riders
> Visit us at http://www.foothill.net/natalies
> Also, the OFFICIAL TEVIS SITE, http://www.foothill.net/tevis

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