Participating in horse-related activities can be a risky venture. As we discussed in a previous article, most states have passed laws for equestrian activities to protect horse professionals and activity sponsors from liability in the event of injury or death of participants resulting from certain horse-related activities. In some states that have yet to pass equestrian laws, such as New York and California, a legal defense called “risk-taking” offers horse owners and professionals some protection from unavoidable accidents. While these laws and defenses are extremely useful for horse owners and professionals, there are limitations in both cases, and relying solely on them could prove to be a costly mistake. Finally, it is important that compensation covers the right parties. An indemnity should specify all parties that are exempted, including the business entity and its owners, employees and independent contractors. It is equally important that the right parties sign the compensation. A person who signs a waiver of liability can only sign on his own rights. Therefore, it is necessary that family members, guests and spectators also sign compensation. However, children cannot assign their legal rights.

It is important for a parent or guardian to sign compensation, but this only releases the parents` right to sue, not their child`s right. For this reason, you should also consider including a compensation provision in your release that would require the person signing the exemption to cover your legal fees in case someone sues you. Allowances can provide additional protection for horse owners and professionals. They can perform two very important functions. First, they can provide a strong defense in the unfortunate case of a trial. In fact, if properly formulated and in accordance with state law, compensation often leads to the complete rejection of the claim. Indemnities can also contribute to a quick and favourable resolution of a dispute. Second, compensation can prevent someone from filing a lawsuit (especially the contingency fee attorney who is reluctant to sue if there is a strong defense). However, it is important to recognize that compensation is not a complete obstacle to a lawsuit – a lawsuit can also be brought against a valid and enforceable indemnity. Compensation comes into play after the lawsuit is filed and, if enforceable, it will provide a strong defense. But not all versions are valid.

The applicability of compensation depends largely on the wording of the compensation and its compliance with state law. Legal requirements vary from state to state, and failure to comply with your state law may result in your compensation being unenforceable. It is extremely important to note this, as many disclaimers are obtained from a friend or downloaded from the Internet. These generic allowances are problematic because they may contain broad and comprehensive language that is not specific to the participant or equestrian establishment and does not comply with your state law. These standard documents are generally deemed unenforceable by the courts. Compensation must comply with the laws of your state. It is important to remember that each state has different requirements. You should be familiar with your state`s equestrian law, as many of these laws require a particular language to be included in contracts or indemnities. For example, Ohio law requires that a valid indemnity be in writing, signed by the participant or legal guardian, and that any risks inherent in the activity of the horse listed in the law be specified. The laws of many other states have a similar requirement. In addition, compensation must clearly inform the participant that he intends to release the equestrian establishment from any liability for negligence. Without specific language that rejects negligence, compensation is unlikely to protect you from any liability arising from negligent conduct (i.e., provision of hazardous equipment).

Many equestrian facilities require their customers to sign compensation forms before engaging in horse-related activities. Indemnities, also known as waivers and indemnification agreements, are intended to protect the plant from liability in the event of an accident. However, despite the intensive use of allowances, there is widespread skepticism about their effectiveness. In fact, many have even stated that the compensation “is not worth the paper on which they are written.” So, do you really need to ask your customers to sign a liability waiver? In a word, yes. All companies that provide horse-related services should require their customers, guests and spectators to sign a duly written indemnity. In summary, well-formulated compensation can be a strong defense for horse owners and professionals. Therefore, indemnities should be considered to protect you and your horse business, but it is important that a competent attorney carefully review your compensation to ensure compliance with state laws and optimal protection against liability. The applicability of an indemnity depends on its specific terms and wording – the more the better.

An indemnity should carefully inform the participant of the inherent risks associated with equestrian activities. A general statement such as “Riding can be dangerous” does not adequately describe the risks. Compensation should include an explanation of why riding on horseback can be dangerous. A good starting point for this language may be your state`s Horse Activity Act, which probably defines the inherent risks. .