This Lesson, Horse Rental, and Arena Use Release Horse Equine Form is a lesson, horse rental and arena rental release form for a user to sign before being given lessons, or being rented a horse or being allowed to use an arena. It releases the owner and lesson giver, as well as all other agents, from liability as provided in the form.
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Horse Lease With Purchase Option
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FAQ
It's generally not a good idea to lease a car if your intention is to buy it at the end of the lease, espeically if you're going to finance the end-of-lease buyout. You'll be much better off just purchasing the car from the very beginning.
Lease-to-Buy Equine Contract To purchase the horse, the buyer will pay the full purchase price during the lease term. During this time, the buyer will continue making lease payments per the parties' agreement, which will potentially go toward the total purchase price of the horse.
Specific details that you may want to include in the Horse Lease Agreement are:A description of your horse and its estimated value.Contact information for the renter.How payment will be made.What the start and end dates are.Who will be financially responsible for veterinary care.More items...
When you lease, you're getting a brand new car, with affordable payments and warranty coverage, with the option to buy it out at the end. Leasing a car with the opportunity to buy it later can be a good way to get a new car for a low up-front investment and lower initial monthly payments.
A lease purchase agreement in real estate is a rent-to-own contract between a tenant and a landlord for the former to purchase the property at a later point in time. The renter pays the seller an option fee at an agreed-upon purchase price, giving them exclusive rights to buy the property.
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Interesting Questions
A horse lease with purchase option is an agreement where an individual can lease a horse for a specific period of time, with the option to purchase the horse at the end of the lease term.
In a horse lease with purchase option, you pay a monthly fee to lease the horse and have the opportunity to ride, care for, and train the horse as if it were your own. At the end of the lease term, you have the choice to buy the horse or walk away from the agreement.
Horse lease with purchase option allows you to test the compatibility between you and the horse before committing to buy. It also gives you the opportunity to become familiar with the horse's behavior, temperament, and care needs.
Yes, a horse lease with purchase option usually has specific terms and conditions, such as the duration of the lease, monthly lease fees, responsibilities for horse care and maintenance, and the purchase price at the end of the lease term.
In some cases, a portion of the monthly lease fee can be applied towards the purchase price of the horse, but it varies depending on the specific agreement. It's important to clarify this with the owner before signing the lease.
Absolutely! It's highly recommended to have a veterinarian perform a thorough examination of the horse before finalizing the purchase. This helps ensure that the horse is in good health and free from any pre-existing conditions.
If you choose not to purchase the horse at the end of the lease term, you can simply walk away from the agreement. However, it's important to review the lease contract to understand any obligations or penalties associated with terminating the agreement.
Yes, there may be room for negotiation on the purchase price of the horse. This can depend on factors such as the horse's age, training level, and overall condition. It's worth discussing with the owner or lessor to see if a mutually beneficial agreement can be reached.
The responsibility for the horse's veterinary and farrier expenses can vary depending on the specific lease agreement. Generally, the lessee is responsible for routine care and expenses, but major medical issues or specific farrier work may fall under the responsibility of the lessor.
This will depend on the terms outlined in the lease agreement. Some agreements may allow you to ride the horse outside the lease facility, while others may restrict riding to a specific location. It's important to clarify this with the horse owner or lessor beforehand.
In case of injury to the horse during the lease period, the responsible party for veterinary expenses may depend on the lease agreement. It's crucial to review the terms and come to a mutual understanding with the owner or lessor regarding the responsibility for veterinary care.
Modifying or personalizing the horse's care routine during the lease period should be discussed with the owner or lessor. While some minor adjustments may be allowed, major changes to the horse's care routine may require consent from the owner or lessor.
Though it is not always mandatory, having horse insurance is highly recommended and provides protection for any unforeseen accidents, injuries, or liabilities during the lease period. It's important to discuss insurance requirements with the owner or lessor.
If you're interested in a horse lease with purchase option in Ohio, start by searching for advertisements or contacting local equine facilities and trainers. You can also consider reaching out to equestrian communities or online platforms dedicated to horse leasing and sales in Ohio.
Yes, it is advisable to have a written contract or agreement signed by both parties involved in the horse lease with purchase option. This helps ensure that everyone is clear about their rights, responsibilities, and the terms of the agreement.
More info
You should contact an attorney to obtain advice with respect to drafting any equine transaction agreement. No lease to own.There's not always a lease fee on shared leases, and if there is, it's usually much less than on a full lease. It's up to you and the owner to determine. Also, be clear on whether this is a "lease with an option to buy. When you full lease a horse you pay an agreed upon fee for exclusive access to the horse. This means you are the only one riding the horse. In this type of agreement, the owner of the horse or lessor splits the horse's care expenses and riding time with a lessee. This agreement entered into on the day of. ,.
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Horse Lease With Purchase Option
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Law summary
Lesson, Horse Rental or Lease, and Arena Use Release - Horse Equine Forms
Ohio Equine Activity Statutes
§ 2305.321
Immunity as to equine activity risks.
(A) As used in this section:
(1) "Equine" means a horse, pony, mule, donkey, hinny, zebra, zebra
hybrid, or alpaca.
(2) (a) "Equine activity" means any of the following:
(i) An equine show, fair, competition, performance, or
parade that involves an equine and an equine discipline, including, but
not limited to, dressage, a hunter and jumper show, grand prix jumping,
a three-day event, combined training, a rodeo, driving, pulling, cutting,
reining, team penning, barrel racing, polo, steeplechasing, english or
western performance riding, endurance or nonendurance trail riding, western
games, hunting, packing, and recreational riding;
(ii) An equine or rider training, teaching, instructing, testing,
or evaluating activity, including, but not limited to, a clinic, seminar,
or symposium;
(iii) The boarding of an equine, including, but not limited to,
normal daily care of an equine;
(iv) The trailering, loading, unloading, or transporting of an equine;
(v) The riding, inspecting, or evaluating of an equine owned by
another person, regardless of whether the owner has received anything of
value for the use of the equine or is permitting a prospective purchaser
of the equine to ride, inspect, or evaluate it;
(vi) A ride, trip, hunt, branding, roundup, cattle drive, or other
activity that involves an equine and that is sponsored by an equine activity
sponsor, regardless of whether the activity is formal, informal, planned,
or impromptu;
(vii) The placing or replacing of horseshoes on an equine, the removing
of horseshoes from an equine, or the trimming of the hooves of an equine;
(viii) The provision of or assistance in the provision of veterinary
treatment or maintenance care for an equine;
(ix) The conducting of procedures or assistance in the conducting
of procedures necessary to breed an equine by means of artificial insemination
or otherwise.
(b) "Equine activity" does not include horse or mule racing.
(3) "Equine activity participant" means a person who engages in
any of the following activities, regardless of whether the person is an
amateur or a professional or whether a fee is paid to participate in the
particular activity:
(a) Riding, training, driving, or controlling in any manner
an equine, whether the equine is mounted or unmounted;
(b) Being a passenger upon an equine;
(c) Providing medical treatment to an equine;
(d) Conducting procedures or assisting in conducting procedures
necessary to breed an equine by means of artificial insemination or otherwise;
(e) Assisting a person who is engaged in an activity described in
division (A)(3)(a), (b), (c), or (d) of this section;
(f) Sponsoring an equine activity;
(g) Being a spectator at an equine activity.
(4) "Equine activity sponsor" means either of the following persons:
(a) A person who, for profit or not for profit, sponsors,
organizes, or provides a facility for an equine activity, including, but
not limited to, a pony club, 4-H club, hunt club, riding club, or therapeutic
riding program, or a class, program, or activity that is sponsored by a
school, college, or university;
(b) An operator or promoter of, or an instructor at, an equine facility,
such as a stable, clubhouse, pony ride, fair, training facility, show ground,
or arena at which an equine activity is held.
(5) "Equine professional" means a person who engages for compensation
in any of the following activities:
(a) Training, teaching, instructing, testing, or evaluating
an equine or an equine activity participant;
(b) Renting to an equine activity participant an equine for the
purpose of riding, driving, or being a passenger upon an equine;
(c) Renting equipment or tack to an equine activity participant
for use in an equine activity;
(d) Providing daily care to an equine boarded at an equine activity;
(e) Providing or assisting in providing veterinary treatment or
maintenance care to an equine;
(f) Conducting procedures or assisting in conducting procedures
necessary to breed an equine by means of artificial insemination or otherwise.
(6) "Harm" means injury, death, or loss to person or property.
(7) "Inherent risk of an equine activity" means a danger or condition
that is an integral part of an equine activity, including, but not limited
to, any of the following:
(a) The propensity of an equine to behave in ways that
may result in injury, death, or loss to persons on or around the equine;
(b) The unpredictability of an equine's reaction to sounds, sudden
movement, unfamiliar objects, persons, or other animals;
(c) Hazards, including, but not limited to, surface or subsurface
conditions;
(d) A collision with another equine, another animal, a person, or
an object;
(e) The potential of an equine activity participant to act in a
negligent manner that may contribute to injury, death, or loss to the person
of the participant or to other persons, including, but not limited to,
failing to maintain control over an equine or failing to act within the
ability of the participant.
(8) "Person" has the same meaning as in section 1.59 of the Revised
Code and additionally includes governmental entities.
(9) "Tort action" means a civil action for damages for injury, death,
or loss to person or property. "Tort action" does not include a civil action
for damages for a breach of contract or another agreement between persons.
(10) "Veterinarian" means a person who is licensed to practice veterinary
medicine in this state pursuant to Chapter 4741. of the Revised Code.
(B) (1) Except as provided in division (B)(2) of this section and
subject to division (C) of this section, an equine activity sponsor, equine
activity participant, equine professional, veterinarian, farrier, or other
person is not liable in damages in a tort or other civil action for harm
that an equine activity participant allegedly sustains during an equine
activity and that results from an inherent risk of an equine activity.
Except as provided in division (B)(2) of this section and subject to division
(C) of this section, an equine activity participant or the personal representative
of an equine activity participant does not have a claim or cause of action
upon which a recovery of damages may be based against, and may not recover
damages in a tort or other civil action against, an equine activity sponsor,
another equine activity participant, an equine professional, a veterinarian,
a farrier, or another person for harm that the equine activity participant
allegedly sustained during an equine activity and that resulted from an
inherent risk of an equine activity.
(2) The immunity from tort or other civil liability conferred by
division (B)(1) of this section is forfeited if any of the following circumstances
applies:
(a) An equine activity sponsor, equine activity participant,
equine professional, veterinarian, farrier, or other person provides to
an equine activity participant faulty or defective equipment or tack and
knows or should know that the equipment or tack is faulty or defective,
and the fault or defect in the equipment or tack proximately causes the
harm involved.
(b) An equine activity sponsor, equine activity participant, equine
professional, veterinarian, farrier, or other person provides an equine
to an equine activity participant and fails to make reasonable and prudent
efforts to determine the equine activity participant's ability to safely
engage in the equine activity or to safely manage the equine based on the
equine activity participant's representations of the participant's ability,
the equine activity participant fails to safely engage in the equine activity
or to safely manage the equine, and that failure proximately causes the
harm involved.
(c) The harm involved is proximately caused by a dangerous latent
condition of the land on which or the premises at which the harm occurs,
an equine activity sponsor, equine activity participant, equine professional,
veterinarian, farrier, or other person owns, leases, rents, or otherwise
lawfully possesses and controls the land or premises and knows or should
know of the dangerous latent condition, but does not post conspicuously
prior to the time of the harm involved one or more signs that warn of the
dangerous latent condition.
(d) An act or omission of an equine activity sponsor, equine activity
participant, equine professional, veterinarian, farrier, or other person
constitutes a willful or wanton disregard for the safety of an equine activity
participant and proximately causes the harm involved.
(e) An equine activity sponsor, equine activity participant, equine
professional, veterinarian, farrier, or other person intentionally causes
the harm involved.
(C) (1) Notwithstanding the immunity conferred by division (B)(1) of
this section and the grounds for its forfeiture specified in division (B)(2)
of this section, subject to divisions (C)(2)(b) and (3) of this section,
an equine activity sponsor, equine activity participant, equine professional,
veterinarian, farrier, or other person is not liable in damages in a tort
or other civil action for harm that an equine activity participant allegedly
sustains during an equine activity and that results from an inherent risk
of an equine activity if that equine activity participant or a parent,
guardian, custodian, or other legal representative of that equine activity
participant voluntarily executes, prior to the occurrence of the harm involved,
a written waiver as described in division (C)(2) of this section. Subject
to divisions (C)(2)(b) and (C)(3) of this section, the equine activity
participant who is the subject of that waiver or the parent, guardian,
custodian, or other legal representative of the equine activity participant
who is the subject of that waiver does not have a claim or cause of action
upon which a recovery of damages may be based against, and may not recover
damages in a tort or other civil action against, an equine activity sponsor,
another equine activity participant, an equine professional, a veterinarian,
a farrier, or another person in whose favor the waiver was executed.
(2) (a) A valid waiver for purposes of division (C)(1) of this section
shall be in writing and subscribed by the equine activity participant or
the parent, guardian, custodian, or other legal representative of the equine
activity participant, and shall specify at least each inherent risk of
an equine activity that is listed in divisions (A)(7)(a) to (e) of this
section and that will be a subject of the waiver of tort or other civil
liability.
(b) A waiver in the form described in division (C)(2)(a) of this
section shall remain valid until it is revoked in the manner described
in division (C)(3) of this section. Unless so revoked, such a waiver that
pertains to equine activities sponsored by a school, college, or university
shall apply to all equine activities in which the equine activity participant
who is the subject of the waiver is involved during the twelve-month period
following the execution of the waiver.
(3) A valid waiver in the form described in division (C)(2)(a) of
this section may be revoked in writing by the equine activity participant
or the parent, guardian, custodian, or other legal representative of the
equine activity participant who executed the waiver. The revocation of
the waiver does not affect the availability of the immunity conferred by
division (B)(1) of this section.
(D) (1) This section does not create a new cause of action or substantive
legal right against an equine activity sponsor, equine activity participant,
equine professional, veterinarian, farrier, or other person.
(2) This section does not affect the availability in appropriate
circumstances of a civil action based on a product liability claim under
sections 2307.71 to 2307.801 [2307.80.1] of the Revised Code.
* This section was originally enacted in HB 564 (146 v --), effective 3-3-97 as RC § 2305.40.
The provisions of § 2 of HB 564 (146 v --) read as follows:
SECTION 2. Section 2305.40 of the Revised Code, as enacted by this act, shall apply only to harm that an equine activity participant sustains as a proximate result of an inherent risk of an equine activity that occurs on or after the effective date of this act. The tort or other civil liability of, and the defenses available to and any immunities from liability of, an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person for harm that an equine activity participant sustained as a proximate result of an inherent risk of an equine activity that occurred prior to the effective date of this act shall be determined as if section 2305.40 of the Revised Code had not been enacted by this act.
Legal definition
Lesson, Horse Rental or Lease, and Arena Use Release - Horse Equine Forms
Ohio Equine Activity Statutes
§ 2305.321
Immunity as to equine activity risks.
(A) As used in this section:
(1) "Equine" means a horse, pony, mule, donkey, hinny, zebra, zebra
hybrid, or alpaca.
(2) (a) "Equine activity" means any of the following:
(i) An equine show, fair, competition, performance, or
parade that involves an equine and an equine discipline, including, but
not limited to, dressage, a hunter and jumper show, grand prix jumping,
a three-day event, combined training, a rodeo, driving, pulling, cutting,
reining, team penning, barrel racing, polo, steeplechasing, english or
western performance riding, endurance or nonendurance trail riding, western
games, hunting, packing, and recreational riding;
(ii) An equine or rider training, teaching, instructing, testing,
or evaluating activity, including, but not limited to, a clinic, seminar,
or symposium;
(iii) The boarding of an equine, including, but not limited to,
normal daily care of an equine;
(iv) The trailering, loading, unloading, or transporting of an equine;
(v) The riding, inspecting, or evaluating of an equine owned by
another person, regardless of whether the owner has received anything of
value for the use of the equine or is permitting a prospective purchaser
of the equine to ride, inspect, or evaluate it;
(vi) A ride, trip, hunt, branding, roundup, cattle drive, or other
activity that involves an equine and that is sponsored by an equine activity
sponsor, regardless of whether the activity is formal, informal, planned,
or impromptu;
(vii) The placing or replacing of horseshoes on an equine, the removing
of horseshoes from an equine, or the trimming of the hooves of an equine;
(viii) The provision of or assistance in the provision of veterinary
treatment or maintenance care for an equine;
(ix) The conducting of procedures or assistance in the conducting
of procedures necessary to breed an equine by means of artificial insemination
or otherwise.
(b) "Equine activity" does not include horse or mule racing.
(3) "Equine activity participant" means a person who engages in
any of the following activities, regardless of whether the person is an
amateur or a professional or whether a fee is paid to participate in the
particular activity:
(a) Riding, training, driving, or controlling in any manner
an equine, whether the equine is mounted or unmounted;
(b) Being a passenger upon an equine;
(c) Providing medical treatment to an equine;
(d) Conducting procedures or assisting in conducting procedures
necessary to breed an equine by means of artificial insemination or otherwise;
(e) Assisting a person who is engaged in an activity described in
division (A)(3)(a), (b), (c), or (d) of this section;
(f) Sponsoring an equine activity;
(g) Being a spectator at an equine activity.
(4) "Equine activity sponsor" means either of the following persons:
(a) A person who, for profit or not for profit, sponsors,
organizes, or provides a facility for an equine activity, including, but
not limited to, a pony club, 4-H club, hunt club, riding club, or therapeutic
riding program, or a class, program, or activity that is sponsored by a
school, college, or university;
(b) An operator or promoter of, or an instructor at, an equine facility,
such as a stable, clubhouse, pony ride, fair, training facility, show ground,
or arena at which an equine activity is held.
(5) "Equine professional" means a person who engages for compensation
in any of the following activities:
(a) Training, teaching, instructing, testing, or evaluating
an equine or an equine activity participant;
(b) Renting to an equine activity participant an equine for the
purpose of riding, driving, or being a passenger upon an equine;
(c) Renting equipment or tack to an equine activity participant
for use in an equine activity;
(d) Providing daily care to an equine boarded at an equine activity;
(e) Providing or assisting in providing veterinary treatment or
maintenance care to an equine;
(f) Conducting procedures or assisting in conducting procedures
necessary to breed an equine by means of artificial insemination or otherwise.
(6) "Harm" means injury, death, or loss to person or property.
(7) "Inherent risk of an equine activity" means a danger or condition
that is an integral part of an equine activity, including, but not limited
to, any of the following:
(a) The propensity of an equine to behave in ways that
may result in injury, death, or loss to persons on or around the equine;
(b) The unpredictability of an equine's reaction to sounds, sudden
movement, unfamiliar objects, persons, or other animals;
(c) Hazards, including, but not limited to, surface or subsurface
conditions;
(d) A collision with another equine, another animal, a person, or
an object;
(e) The potential of an equine activity participant to act in a
negligent manner that may contribute to injury, death, or loss to the person
of the participant or to other persons, including, but not limited to,
failing to maintain control over an equine or failing to act within the
ability of the participant.
(8) "Person" has the same meaning as in section 1.59 of the Revised
Code and additionally includes governmental entities.
(9) "Tort action" means a civil action for damages for injury, death,
or loss to person or property. "Tort action" does not include a civil action
for damages for a breach of contract or another agreement between persons.
(10) "Veterinarian" means a person who is licensed to practice veterinary
medicine in this state pursuant to Chapter 4741. of the Revised Code.
(B) (1) Except as provided in division (B)(2) of this section and
subject to division (C) of this section, an equine activity sponsor, equine
activity participant, equine professional, veterinarian, farrier, or other
person is not liable in damages in a tort or other civil action for harm
that an equine activity participant allegedly sustains during an equine
activity and that results from an inherent risk of an equine activity.
Except as provided in division (B)(2) of this section and subject to division
(C) of this section, an equine activity participant or the personal representative
of an equine activity participant does not have a claim or cause of action
upon which a recovery of damages may be based against, and may not recover
damages in a tort or other civil action against, an equine activity sponsor,
another equine activity participant, an equine professional, a veterinarian,
a farrier, or another person for harm that the equine activity participant
allegedly sustained during an equine activity and that resulted from an
inherent risk of an equine activity.
(2) The immunity from tort or other civil liability conferred by
division (B)(1) of this section is forfeited if any of the following circumstances
applies:
(a) An equine activity sponsor, equine activity participant,
equine professional, veterinarian, farrier, or other person provides to
an equine activity participant faulty or defective equipment or tack and
knows or should know that the equipment or tack is faulty or defective,
and the fault or defect in the equipment or tack proximately causes the
harm involved.
(b) An equine activity sponsor, equine activity participant, equine
professional, veterinarian, farrier, or other person provides an equine
to an equine activity participant and fails to make reasonable and prudent
efforts to determine the equine activity participant's ability to safely
engage in the equine activity or to safely manage the equine based on the
equine activity participant's representations of the participant's ability,
the equine activity participant fails to safely engage in the equine activity
or to safely manage the equine, and that failure proximately causes the
harm involved.
(c) The harm involved is proximately caused by a dangerous latent
condition of the land on which or the premises at which the harm occurs,
an equine activity sponsor, equine activity participant, equine professional,
veterinarian, farrier, or other person owns, leases, rents, or otherwise
lawfully possesses and controls the land or premises and knows or should
know of the dangerous latent condition, but does not post conspicuously
prior to the time of the harm involved one or more signs that warn of the
dangerous latent condition.
(d) An act or omission of an equine activity sponsor, equine activity
participant, equine professional, veterinarian, farrier, or other person
constitutes a willful or wanton disregard for the safety of an equine activity
participant and proximately causes the harm involved.
(e) An equine activity sponsor, equine activity participant, equine
professional, veterinarian, farrier, or other person intentionally causes
the harm involved.
(C) (1) Notwithstanding the immunity conferred by division (B)(1) of
this section and the grounds for its forfeiture specified in division (B)(2)
of this section, subject to divisions (C)(2)(b) and (3) of this section,
an equine activity sponsor, equine activity participant, equine professional,
veterinarian, farrier, or other person is not liable in damages in a tort
or other civil action for harm that an equine activity participant allegedly
sustains during an equine activity and that results from an inherent risk
of an equine activity if that equine activity participant or a parent,
guardian, custodian, or other legal representative of that equine activity
participant voluntarily executes, prior to the occurrence of the harm involved,
a written waiver as described in division (C)(2) of this section. Subject
to divisions (C)(2)(b) and (C)(3) of this section, the equine activity
participant who is the subject of that waiver or the parent, guardian,
custodian, or other legal representative of the equine activity participant
who is the subject of that waiver does not have a claim or cause of action
upon which a recovery of damages may be based against, and may not recover
damages in a tort or other civil action against, an equine activity sponsor,
another equine activity participant, an equine professional, a veterinarian,
a farrier, or another person in whose favor the waiver was executed.
(2) (a) A valid waiver for purposes of division (C)(1) of this section
shall be in writing and subscribed by the equine activity participant or
the parent, guardian, custodian, or other legal representative of the equine
activity participant, and shall specify at least each inherent risk of
an equine activity that is listed in divisions (A)(7)(a) to (e) of this
section and that will be a subject of the waiver of tort or other civil
liability.
(b) A waiver in the form described in division (C)(2)(a) of this
section shall remain valid until it is revoked in the manner described
in division (C)(3) of this section. Unless so revoked, such a waiver that
pertains to equine activities sponsored by a school, college, or university
shall apply to all equine activities in which the equine activity participant
who is the subject of the waiver is involved during the twelve-month period
following the execution of the waiver.
(3) A valid waiver in the form described in division (C)(2)(a) of
this section may be revoked in writing by the equine activity participant
or the parent, guardian, custodian, or other legal representative of the
equine activity participant who executed the waiver. The revocation of
the waiver does not affect the availability of the immunity conferred by
division (B)(1) of this section.
(D) (1) This section does not create a new cause of action or substantive
legal right against an equine activity sponsor, equine activity participant,
equine professional, veterinarian, farrier, or other person.
(2) This section does not affect the availability in appropriate
circumstances of a civil action based on a product liability claim under
sections 2307.71 to 2307.801 [2307.80.1] of the Revised Code.
* This section was originally enacted in HB 564 (146 v --), effective 3-3-97 as RC § 2305.40.
The provisions of § 2 of HB 564 (146 v --) read as follows:
SECTION 2. Section 2305.40 of the Revised Code, as enacted by this act, shall apply only to harm that an equine activity participant sustains as a proximate result of an inherent risk of an equine activity that occurs on or after the effective date of this act. The tort or other civil liability of, and the defenses available to and any immunities from liability of, an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person for harm that an equine activity participant sustained as a proximate result of an inherent risk of an equine activity that occurred prior to the effective date of this act shall be determined as if section 2305.40 of the Revised Code had not been enacted by this act.
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