Trainer's Facility Use Agreement - Horse Equine Forms
6-1801
DEFINITIONS.
As used in this chapter:
(1) "Engages in an equine activity" means a person
who rides, trains,drives or is a passenger upon an equine, whether mounted
or unmounted, and does not mean a spectator at an equine activity or a
person who participates in the equine activity but does not ride, train,
drive or ride as a passenger upon an equine.
(2) "Equine" means a horse, pony, mule, donkey
or hinny.
(3) "Equine activity" means:
(a) Equine shows, fairs, competitions,
performances or parades that involve any or all breeds of equines and any
of the equine disciplinesincluding, but not limited to, dressage, hunter
and jumper horse shows, grand prix jumping, three (3) day events, combined
training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance
trail riding and western games, and hunting;
(b) Equine training and/or teaching activities;
(c) Boarding equines;
(d) Riding, inspecting or evaluating an equine
belonging to another whether or not the owner has received some monetary
consideration or other thing of value for the use of the equine or is permitting
a prospective purchaser of the equine to ride, inspect or evaluate the
equine; and
(e) Rides, trips, hunts or other equine activities
of any type however informal or impromptu that are sponsored by an equine
activity sponsor.
(4) "Equine activity sponsor" means an individual,
group or club, partnership or corporation, whether or not the sponsor is
operating for profit or nonprofit, which sponsors, organizes or provides
the facilities for an equine activity including, but not limited to, pony
clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored
classes and programs, therapeutic riding programs, and operators, instructors
and promoters of equine facilities including, but not limited to, stables,
clubhouses, ponyride strings, fairs and arenas at which the activity is
held.
(5) "Equine professional" means a person engaged
for compensation in:
(a) Instructing a participant or renting
to a participant an equine for the purpose of riding, driving or being
a passenger upon the equine; or
(b) Renting equipment or tack to a participant.
(6) "Participant" means any person, whether amateur or professional,
who directly engages in an equine activity, whether or not a fee is paid
to participate in the equine activity.
6-1802
LIMITATION OF LIABILITY ON EQUINE ACTIVITIES.
(1) Except as provided in subsections (2) and
(3) of this section, an equine activity sponsor or an equine professional shall not be liable for any injury
to or the death of a participant or equine engaged in an equine activity
and, except as provided in subsections (2) and (3) of this section, no
participant nor participant's representative may maintain an action
against or recover from an equine activity sponsor or an equine professional
for an injury to or the death of a participant or equine engaged
in an equine activity.
(2) The provisions of this chapter do not apply
to the horse or mule racing industry as regulated in chapter 25,
title 54, Idaho Code.
(3) Nothing in subsection (1) of this section
shall prevent or limit the liability of an equine activity sponsor
or an equine professional
(a) If the equine activity sponsor or the equine
professional
(i) Provided the equipment or tack and the
equipment or tack caused the injury; or
(ii) Provided the equine and failed to make reasonable and
prudent efforts to determine the ability of the participant to engage safely
in the equine activity, determine the ability of the equine to behave safely
with the participant, and to determine the ability of the
participant to safely manage the particular equine;
(iii) Owns, leases, rents or otherwise is in lawful possession
and control of the land or facilities upon which the participant or equine
sustained injuries because of a dangerous latent condition which was known
to or should have been known to the equine activity sponsor or the equine
professional and for which warning signs have not been conspicuously posted;
(iv) Commits an act or omission that constitutes willful or
wanton disregard for the safety of the participant or equine and that act
or omission caused the injury;
(v) Intentionally injures the participant or equine;
(b) Under liability provisions as set forth in the products liability
laws; or
(c) Under the liability provisions set forth in chapter 9,
title 6, Idaho Code.
