Equine Law: How Good is Your Liability Release Form?
Barn owners, trainers, and horse owners all benefit from a well-written liability release form. A liability release is a contract specifying the risks associated with riding and being around horses, and saying the party signing won't sue if an accident were to occur while engaging in certain activities. A liability release is important, as it deters people from filing lawsuits and provides an "assumption of the risk" defense to a negligence lawsuit. A well-drafted liability release can disclaim ordinary negligence but typically does not protect against gross negligence or willful misconduct.
Drafting a Liability Release Contract Firstly, a liability release contract should be drafted up by an equine law professional to ensure the contract is enforceable and all the bases are covered. There are quite a few aspects to touch upon with the release, including:
Naming the Right Parties The release must say who the signer agrees not to sue – this should cover every person who could possibly be sued in connection with activity, including the trainer, barn manager, barn owner, as well as any other employees and contractors.
Specifying the Risks A good release will specifically list the risk associated with horseback riding and being around horses. The more dangers listed, the better as the person signing will likely have agreed to accept the danger that might be lawsuit-worthy.
Legal Rights of Minors People under the age of 18 are considered minors and cannot wave their legal rights. However, you can only waive your own legal rights, meaning parents cannot waive those of their children; liability releases signed by parents to waive their child's rights are not enforceable despite they are widely used and accepted. Unfortunately, you cannot protect yourself against liability related to minors and must insure against it. You can also ask the parent to sign an agreement to indemnify you if the minor gets injured and sues you.
Again, it's important to contact an experienced equine lawyer to ensure your liability release form can stand against a lawsuit to protect yourself.