A release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. A release acts as some assurance to the person requesting the release that he/she will not be subjected to litigation resulting from the person giving the release. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature.
Kansas Release and Waiver of Liability Given in Favor of Nonprofit Organization Regarding Allowing Minor to Ride Horses on Ranch Operated by Organization — including Assumption of all Risks of Personal Bodily Injury — Horseback Riding is a legally binding document that protects nonprofit organizations from liability in case of any accidents or injuries related to horseback riding activities involving minors. Here are some key aspects of this release and waiver of liability: 1. Definition of the Party Involved: The document will clearly define the involved parties, including the nonprofit organization operating the ranch and the minor who will be riding horses. 2. Description of Horseback Riding Activities: The release and waiver of liability properly specifies the nature of the horseback riding activities that the minor will be participating in while on the organization's ranch. It may include trail riding, basic horsemanship lessons, or other similar activities. 3. Acknowledgment of Inherent Risks: The release document explicitly states that horseback riding activities involve inherent risks of bodily injury, including the potential danger associated with horses' unpredictable nature. It emphasizes that the minor and their legal guardians fully understand and assume these risks. 4. Voluntary Participation: The release and waiver emphasize that the minor's participation in horseback riding activities is entirely voluntary. It clarifies that no one has coerced or forced the minor or their guardian to engage in these activities against their will. 5. Assumption of Liability: By signing the release, the minor and their legal guardians agree to assume all risks and responsibilities associated with horseback riding. They fully understand that the nonprofit organization and individuals associated with it will not be held liable for any injuries, accidents, or damages that may occur during the horseback riding activities. 6. Indemnification and Hold Harmless Clause: The release may include a clause stating that the minor and their legal guardians will indemnify and hold harmless the nonprofit organization and its agents, employees, volunteers, and representatives from any claims, liabilities, or legal actions resulting from horseback riding activities. Different types or versions of this release and waiver may exist depending on the specific requirements or circumstances of the nonprofit organization operating the ranch.
