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Nebraska Release of Liability Parent Minor - Horse Equine Forms

Nebraska Release of Liability Parent Minor - Horse Equine Forms

Name: Nebraska Release of Liability Parent Minor - Horse Equine Forms
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.73 (303 reviews)

Category:

Animals - Horses

State:

Nebraska

Control #:

NE-10-06

Format:

Instant download

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Description

This Release of Liability Parent-Minor Horse Equine form is a release of liability signed by a parent and minor in connection with the risks associated with horse riding lessons or training. It includes explicit warnings on the inherent risks, an indemnification clause, as well as limits on damages that may be claimed.

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FAQ

In California, a liability waiver must be clear, unambiguous, and explicit. In other words, waivers cannot be printed in faded ink, in small font, on the back of a paper, or in an otherwise ambiguous form. If the waiver that you sign is not represented clearly, it may not hold up in the event of a lawsuit.

A release is a type of contract in which you agree that you have no claims of any type against the party named in the release. Releases are often used in connection with a settlement of legal claims.Another type of release is also sometimes referred to as a waiver; a release of liability and waiver of claims.

In many cases, the waiver is not enforceable.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.

Release Form Enforceability A minor usually cannot legally release his or her rights.So, a release signed only by the minor is not enforceable. In addition, the release must be signed before any injury has occurred.

Whether you can sue after signing a release depends on the facts, the wording of the release, and your state's law, among other things. A court will first look to whether you specifically gave up your right to bring a discrimination, harassment, or retaliation claim in the release. If so, you may be out of luck.

A waiver of liability (AKA a release or disclaimer) will be upheld if the following is found to have occurred:The waiver is properly worded according to contract law in the state in which it was drafted; and. The injury arises from risks stated in the contract or from the disclaiming company's simple negligence.

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Release of Liability Parent Minor - Horse Equine Forms

Nebraska Equine Activity Statutes

25-21,249

Equine activities; legislative intent.

The Legislature recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in such activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from such activities. It is, therefor, the intent of the Legislature to encourage equine activities by providing reasonable standards for those involved in such activities.

25-21,250

Equine activities; terms, defined.

For purposes of sections 25-21,249 to 25-21,253:

(1) 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 being a passenger upon an equine-drawn vehicle, or any person assisting a participant or assisting show management. Engages in an equine activity does not include being a spectator at an equine activity except in cases when the spectator places himself or herself in an unauthorized area;

(2) Equine means a horse, pony, donkey, mule, hinny, or llama;

(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 disciplines, including, but not limited to, dressage, hunter, and jumper horse shows, grand-prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding, western games, and hunting;

(b) Equine training or teaching activities or both;

(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;

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

(f) Placing or replacing horseshoes on an equine;

(4) Equine activity sponsor means an individual, group, club, partnership, limited liability company, 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, programs, and activities, 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 equine activity is held;

(5) Equine professional means a person engaged for compensation:

(a) 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

(b) In renting equipment or tack to a participant;

(6) Inherent risks of equine activities means those dangers or conditions which are an integral part of equine activities, including, but not limited to:

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

(b) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;

(d) Collisions with other equines or objects; and

(e) 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 equine or not acting within his or her ability; and

(7) 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.

25-21,251

Equine activities; liability and claims; limitations.

Except as provided in section 25-21,252,

(1) an equine activity sponsor, an equine professional, or any other person, which includes a corporation, limited liability company, or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and

(2) no participant nor participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.

25-21,252

Equine activities; applicability of other laws; liability enumerated.

(1) Sections 25-21,249 to 25-21,253 shall not apply to the horseracing industry as regulated in sections 2-1201 to 2-1229.

(2) Nothing in section 25-21,251 prevents or limits the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:

(a) Provided the equipment or tack and the equipment or tack caused the injury because the equine activity sponsor or professional failed to reasonably and prudently inspect or maintain the equipment or tack;

(b) 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 safely manage the particular equine based on the participant's representations of his or her ability;

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

(d) Commits an act or omission which a reasonable, prudent person would not have done or omitted under the same or similar circumstances or which constitutes willful or wanton disregard for the safety of the participant and that act or omission was a proximate cause of the injury; or

(e) Intentionally injures the participant.

(3) Nothing in section 25-21,251 prevents or limits the liability of an equine activity sponsor or an equine professional under product liability laws.

25-21,253

Equine activities; signs and contracts; requirements.

Every equine professional shall post and maintain signs which contain the warning notice specified in this section. The signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional conducts equine activities if such stables, corrals, or arenas are owned, leased, rented, managed, or controlled by the equine professional. The placement of warning signs shall be such that they may be readily seen by participants in equine activities. The warning notice specified in this section shall appear on the sign in black letters with each letter a minimum of three inches in height. Every written contract entered into by an equine professional for providing professional services, instruction, or 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 this section. The signs and contracts shall contain the following warning notice:

WARNING

Under Nebraska Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to sections 25-21,249 to 25-21,253.

Release of Liability Parent Minor - Horse Equine Forms

Nebraska Equine Activity Statutes

25-21,249

Equine activities; legislative intent.

25-21,250

Equine activities; terms, defined.

For purposes of sections 25-21,249 to 25-21,253:

(2) Equine means a horse, pony, donkey, mule, hinny, or llama;

(3) Equine activity means:

(b) Equine training or teaching activities or both;

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

(f) Placing or replacing horseshoes on an equine;

(5) Equine professional means a person engaged for compensation:

(a) 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

(b) In renting equipment or tack to a participant;

(6) Inherent risks of equine activities means those dangers or conditions which are an integral part of equine activities, including, but not limited to:

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

(b) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;

(d) Collisions with other equines or objects; and

(7) 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.

25-21,251

Equine activities; liability and claims; limitations.

Except as provided in section 25-21,252,

25-21,252

Equine activities; applicability of other laws; liability enumerated.

(1) Sections 25-21,249 to 25-21,253 shall not apply to the horseracing industry as regulated in sections 2-1201 to 2-1229.

(e) Intentionally injures the participant.

(3) Nothing in section 25-21,251 prevents or limits the liability of an equine activity sponsor or an equine professional under product liability laws.

25-21,253

Equine activities; signs and contracts; requirements.

WARNING

Nebraska Release of Liability Parent Minor - Horse Equine Forms

Description

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How to fill out Nebraska Release Of Liability Parent Minor - Horse Equine Forms?

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FAQ

Do signed waivers hold up in court?

Is a release form a contract?

Can you still sue after signing a waiver?

Are release forms legally binding?

Can you sue after signing a release?

Do release forms hold up in court?

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