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Illinois Release of Liability Owner Rider - Horse Equine Forms

Illinois Release of Liability Owner Rider - Horse Equine Forms

Name: Illinois Release of Liability Owner Rider - Horse Equine Forms
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.56 (261 reviews)

Category:

Animals - Horses

State:

Illinois

Control #:

IL-09-06

Format:

Instant download

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Description

This Release of Liability Owner-Rider/ Horse Equine Form is a release of liability form for a rider to sign in connection with riding, lessons, or other use of management's facilities. It contains provisions regarding the inherent risk associated with equine acitivies and assumption of risk on the part of the rider, as well as a limit on damages that a rider may claim against the facility.

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FAQ

200bStart the letter off with a clear explanation regarding your request. For instance, explain that you're requesting certain fees or charges to be waived or to be released from a previous engagement. Communicate any supporting or relative dates, names of parties, monetary figures, or venues as facts.

Get help. Writing a waiver should not be complicated. Use the correct structure. Proper formatting. Include a subject line. Include a caution! Talk about the activity risks. Do not forget an assumption of risk. Hold harmless.

If you've been injured due to negligent actions, you can sue even if you signed a waiver. Winning a lawsuit concerning negligence is not uncommon. Many celebrities have sued for negligence even though they signed documents stating they understood the risks.

There really is no set definition. Basically, it can be defined as the practice of law that involves all types of horses, horse-related activities, horse businesses, horse organizations, and horse facilities.Others handle disputes and litigation arising from an equine transaction.

A liability waiver, or release of liability, is a legal document that a company or organization has you sign in order to protect them from being sued in the event that you are injured.

A release and waiver agreement is an enforceable promise not to pursue legal action in exchange for compensation. The releasee gives money or some other form of compensation to the releasor, who then agrees not to press charges, sue, or take any other legal action against the releasee.

A liability waiver, or release waiver, is a legal document that a company or organization requires members of the public to sign in order to protect their organization from being sued if you sustain an injury.Depending on the facts of your case, you may still be able to file a lawsuit and recover damages.

Saddle with girth or cinch. A saddle pad or blanket. Bridle and bit. Helmet. Stirrups and stirrup leathers. Optional: lunge line. Optional: tendon boots, bell boots, any other leg support or protection the horse may need.

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Release of Liability Owner Rider - Horse Equine Forms

Sec. 1.

Short title.

This Act may be cited as the Equine Activity Liability Act. (Source: P.A. 89-111, eff. 7-7-95.) (745 ILCS 47/5)

Sec. 5.

Purposes.

The General Assembly recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in those activities. The General Assembly also finds that the State and its citizens derive numerous economic and personal benefits from equine activities. Therefore, it is the intent of the General Assembly to encourage equine activities by delineating the responsibilities of those involved in equine activities.

(Source: P.A. 89-111, eff. 7-7-95.)

Sec. 10.

Definitions.

As used in this Act:

(a) "Engages in an equine activity" means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or assisting a participant. The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the equine activity.

(b) "Equine" means a horse, pony, mule, donkey, or hinny.

(1) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, 3 day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting.

(2) Equine training activities, teaching activities, or both.

(3) Boarding equines.

(4) 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.

(5) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.

(6) Placing or replacing horseshoes on an equine.

(d) "Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, that 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, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held.

(e) "Equine professional" means a person engaged for compensation

(i) in instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine, or

(ii) in renting equipment or tack to a participant.

(f) "Risks of engaging in equine activities" means those dangers of conditions that are an integral part of equine activities, including, but not limited to:

(1) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them.

(2) The unpredictability of an equine's reaction to sounds, sudden movement, and unfamiliar objects, persons, other animals, or other things.

(3) Certain hazards such as surface and subsurface conditions.

(4) Collisions with other equines or objects.

(5) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.

(g) "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

(Source: P.A. 89-111, eff. 7-7-95.)

Sec. 15.

Participant's responsibility.

It is recognized that equine activities are hazardous to participants, regardless of all feasible safety measures that can be taken.

Each participant who engages in an equine activity expressly assumes the risk of and legal responsibility for injury, loss, or damage to the participant or the participant's property that results from participating in an equine activity, except in specific situations as set forth in Section 20, when the equine activity sponsor or equine professional may be held responsible. Each participant shall have sole individual responsibility for knowing the range of his or her own ability to manage, care for, and control a particular horse or perform a particular equine activity, and it shall be the duty of each participant to act within the limits of the participant's own ability, to maintain reasonable control of the particular horse or horses at all times while participating in an equine activity, to heed all posted warnings, to perform equine activities only in an area or in facilities designated by the horseman, and to refrain from acting in a manner that may cause or contribute to the injury of anyone.

Each participant, or parent or guardian of a minor participant, may execute a release assuming responsibility for the risks of engaging in equine activities. The release shall give notice to the participant, or parent or guardian, of the risks of engaging in equine activities, including (i) the propensity of an equine to behave in dangerous ways that may result in injury to the participant, (ii) the inability to predict an equine's reaction to sound, movements, objects, persons, or animals, and (iii) the hazards of surface or subsurface conditions. A release shall remain valid until expressly revoked by the participant or, if a minor, the parent or guardian.

(Source: P.A. 89-111, eff. 7-7-95.)

Sec. 20.

Exceptions.

(a) This Act shall not apply to the horse racing industry as regulated in the Illinois Horse Racing Act of 1975.

(b) Except as provided in Section 15, nothing in this Act shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:

(1) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it caused the injury.

(2) 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 and determine the ability of the participant to manage safely the particular equine based on the participant's representations of his or her ability.

(3) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs were not conspicuously posted.

(4) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.

(5) Intentionally injures the participant.

(c) Nothing in this Act shall prevent or limit the liability of an equine activity sponsor or an equine professional: (1) Under liability provisions as set forth in the products liability laws.

(2) Under liability provisions in the Fence Act. (Source: P.A. 89-111, eff. 7-7-95.)

Sec. 25.

Warning.

(a) Every equine professional shall post and maintain signs that contain the warning notice specified in subsection (b) of this Section. Signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional conducts equine activities if the stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in subsection (b).

(b) The signs and contracts described in subsection (a) shall contain the following warning notice:

WARNING

Under the Equine Activity Liability Act, each participant who engages in an equine activity expressly assumes the risks of engaging in and legal responsibility for injury, loss, or damage to person or property resulting from the risk of equine activities.

(Source: P.A. 89-111, eff. 7-7-95.)

Release of Liability Owner Rider - Horse Equine Forms

Sec. 1.

Short title.

This Act may be cited as the Equine Activity Liability Act. (Source: P.A. 89-111, eff. 7-7-95.) (745 ILCS 47/5)

Sec. 5.

Purposes.

(Source: P.A. 89-111, eff. 7-7-95.)

Sec. 10.

Definitions.

As used in this Act:

(b) "Equine" means a horse, pony, mule, donkey, or hinny.

(2) Equine training activities, teaching activities, or both.

(3) Boarding equines.

(5) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.

(6) Placing or replacing horseshoes on an equine.

(e) "Equine professional" means a person engaged for compensation

(i) in instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine, or

(ii) in renting equipment or tack to a participant.

(f) "Risks of engaging in equine activities" means those dangers of conditions that are an integral part of equine activities, including, but not limited to:

(1) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them.

(2) The unpredictability of an equine's reaction to sounds, sudden movement, and unfamiliar objects, persons, other animals, or other things.

(3) Certain hazards such as surface and subsurface conditions.

(4) Collisions with other equines or objects.

(g) "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

(Source: P.A. 89-111, eff. 7-7-95.)

Sec. 15.

Participant's responsibility.

It is recognized that equine activities are hazardous to participants, regardless of all feasible safety measures that can be taken.

(Source: P.A. 89-111, eff. 7-7-95.)

Sec. 20.

Exceptions.

(a) This Act shall not apply to the horse racing industry as regulated in the Illinois Horse Racing Act of 1975.

(1) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it caused the injury.

(4) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.

(5) Intentionally injures the participant.

(c) Nothing in this Act shall prevent or limit the liability of an equine activity sponsor or an equine professional: (1) Under liability provisions as set forth in the products liability laws.

(2) Under liability provisions in the Fence Act. (Source: P.A. 89-111, eff. 7-7-95.)

Sec. 25.

Warning.

(b) The signs and contracts described in subsection (a) shall contain the following warning notice:

WARNING

(Source: P.A. 89-111, eff. 7-7-95.)

Illinois Release of Liability Owner Rider - Horse Equine Forms

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