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  Discussion on Not liable contract
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Posted on Tuesday, Aug 3, 1999 - 1:49 pm:

Here's my release agreement:
I acknowledge that horse riding contains inherent risks of injury and damage to me personally, to my horse, and equipement, and that no amount of preplanning or preparation can remove all of the danger that I am exposing myself or my horses to. Knowing these facts, I nevertheless, in consideration of your letting me use your facilities, equipement, etc., I do hereby release ______________, their owners, operators, agents, family, friends, and/or employees from any and all liability for any damages or injury that I might sustain as a result of my participation in any activity sponsored by _______________. This release extends to any accidents, damages, or claims arising out of my participation by my own act, or the acts of anyone or any animal.
I hereby intending to be legally bound for myself, my heirs, and assigns, executors or administrators, waive and release forever all claims for damages against ______________, owners, operators, agents, family, friends or employees for any and all injuries and/or losses I sustain while participating in any activities sponsored by ________________, their owners, or agents, etc.
I also ackowledge that I have read the following Iowa Domesticated Animal Liability Law:
WARNING
UNDER IOWA LAW, A DOMESTICATED ANIMAL PROFESSIONAL IS NOT LIABLE FOR DAMAGES SUFFERED BY, AN INJURY TO, OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF DOMESTICATED ANIMAL ACTIVITIES, PURSUANT TO IOWA CODE, CHAPTER 673, YOU ARE ASSUMING THE INHERENT RISKS OF PARTICIPATING IN THIS DOMESTICATED ACTIVITY.

Following are signatures, dates and birthdates of all participants and guardians of all participants under 18, including appropriate addresses and phone numbers:

According to this law (in our state), it is not necessary to post this sign if you are not a professional and you are spose to still be covered under it. You are required to post it in a clearly visible place if you are a professional.
LOL

Posted on Tuesday, Jan 18, 2000 - 10:49 pm:

In Ga and several other states the equine liability law requires that you post 2 signs reflecting this law. This covers your liability unless neligence can be proven in situations where you are not charging fees for riding.

Posted on Wednesday, Jan 19, 2000 - 6:02 am:

Hi Annie,
You may also want to check with one of the equine insurance agencies about additional coverage. We are just a small family farm with 3 of our own horses and 3 that we board. We also have people who would like to ride occasionally. No one is ever allowed to ride our boarder's horses without their permission. I always ask first what their riding experience is-brand new, lessons for years, etc.
We have the signs posted and have anyone near the horses sign a release form to keep on file. No "guest" is allowed to go in the pasture without signing a form or/and accompanied by one of us if they are not experienced around horses.
Small children are absolutely forbidden to be around any of the horses unless the horse is being held and the child supervised closely. Any person who rides-even if being led on a lead line-MUST have a helmet on.
We also added care, custody and control to our farm policy. You may win a court battle but have enormous attorney fees-the addition to the policy covers your costs.
There is an old saying that there is no such thing as a safe horse. We have learned that first hand with our older "bomb proof" gelding and seen and heard of numerous accidents that could have easily been avoided if people had used common sense or paid more attention to detail.
Examples from barns near us:
A lady who fell off the horse she was being led around on and broke her arm because the saddle girth was old and broke. She won her lawsuit because the barn was responsible for their equipment.
Same barn-a lady unfamiliar with horses who was petting a horse and knocked over when the horse was pushed onto the hot wire when an aggressive horse came up. She could have easily been trampled.
A young boy who fell off when his horse tripped- the boy landed on his head-was not wearing a helmet and ended up with a concussion.
A child who was told to stand behind a stall door unsupervised when a horse was being led by. The girl jumped out and the horse instinctively kicked out. The child has had numerous surgeries and the last I heard the case is still pending.
And on and on...sure you have heard similar.
We want to enjoy our horses, but we also want to be safe. Be careful who you let ride and check to see if you really are covered with your policy.
Liz
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