Facility Release Agreement - Show Or Clinic - Horse Equine Forms
Oklahoma Equine Activity Statutes
§76-50.1
Short title - Legislative intent - Construction.
A. This act shall be known and may be cited as the "Oklahoma
Livestock Activities Liability Limitation Act".
B. 1. The Oklahoma Legislature recognizes that persons
who engage in livestock activities may incur injuries as a result of the
risks involved in such activities even in the absence of any fault or negligence
on the part of persons or entities who sponsor, participate or organize
those activities.
2. The Oklahoma Legislature finds that the state and its citizens
derive numerous economic and personal benefits from livestock activities.
3. It is, therefore, the intent of the Oklahoma Legislature
to encourage livestock activities by limiting the civil liability of livestock
activities sponsors, participants and livestock professionals involved
in such activities.
C. The provisions of the Oklahoma Livestock Activities Liability
Limitation Act shall not be construed to conflict or amend Sections 10
through 15.1 of Title 76 of the Oklahoma Statutes.
§76-50.2
Definitions.
As used in the Oklahoma Livestock Activities Liability Limitation
Act:
1. "Engages in a livestock activity" includes training, racing,
showing, riding, or assisting in medical treatment of, or driving livestock,
and any person assisting a participant, livestock activity sponsor or livestock
professional. The term "engages in a livestock activity" does not
include being a spectator at a livestock activity, except in cases where
the spectator places himself or herself in immediate proximity to livestock
activity;
2. "Livestock" means any cattle, bison, hog, sheep, goat,
equine livestock, including but not limited to animals of the families
bovidae, cervidae and antilocapridae or birds of the ratite group;
a. livestock shows, fairs, livestock sales, competitions,
performances, or parades that involve any or all breeds of livestock and
any of the livestock disciplines, including, but not limited to, rodeos,
auctions, driving, pulling, judging, cutting and showing,
d. inspecting or evaluating livestock belonging to another, whether
or not the owner has received some monetary consideration or other thing
of value for the use of the livestock or is permitting a prospective purchaser
of the livestock to inspect or evaluate the livestock,
e. drives, rides, trips, hunts or other livestock activities of
any type however informal or impromptu that are sponsored by a livestock
activity sponsor, and
4. "Livestock activity sponsor" means an individual, group, club,
partnership or corporation, whether or not the sponsor is operating for
profit or nonprofit, which sponsors, organizes, or provides the facilities
for, a livestock activity, including but not limited to: livestock
clubs, 4-H clubs, FFA chapters, school and college-sponsored classes, programs
and activities, therapeutic riding programs, and operators, instructors,
and promoters of livestock facilities, including, but not limited to, barns,
stables, clubhouses, ponyride strings, fairs and arenas at which the activity
is held;
6. "Inherent risks of livestock activities" means those dangers
or conditions which are an integral part of livestock activities, including
but not limited to:
b. the unpredictability of livestock's reaction to such things as
sounds, sudden movement and unfamiliar objects, persons or other animals,
7. "Participant" means any person, whether amateur or professional,
who engages in a livestock activity, whether or not a fee is paid to participate
in the livestock activity.
§76-50.3. Scope of liability.
A. Except as provided in subsection B of this section, a livestock
activity sponsor, a participant or a livestock professional acting in good
faith and pursuant to the standards of the livestock industry shall not
be liable for injuries to any person engaged in livestock activities when
such injuries result from the inherent risks of livestock activities.
B. 1. The provisions of the Oklahoma Livestock Activities
Liability Limitation Act shall not apply to employees of the sponsor or
livestock professional in the performance of their duties who are covered
by or subject to the provisions of the workers' compensation laws of Title
85 of the Oklahoma Statutes.
2. Nothing in subsection A of this section shall prevent or
limit the liability of a livestock activity sponsor, a participant or a
livestock professional, if the livestock activity sponsor, a participant
or livestock professional:
c. provided the equipment or tack, which was faulty, and such equipment
or tack was faulty to the extent that it did cause the injury. The
provisions of this subparagraph shall not apply to livestock activities
sponsored by youth organizations when youth participants share equipment
or tack between themselves,
d. provided the livestock and failed to make a reasonable effort
to determine the ability of the participant to manage the particular livestock
based upon the participant's representations of such participant's ability.
Provided, however, a participant in a livestock show, livestock sale, or
rodeo shall be presumed to be competent in the handling of livestock if
an entry form is required for the activity and signed by the participant,
or
e. 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 condition which was known to the livestock
activity sponsor, livestock professional or person and not made known to
the participant.
3. Nothing in subsection A of this section shall prevent or limit
the liability of a livestock activity sponsor, a participant or a livestock
professional:
C. A sponsor shall not be held vicariously liable for the
acts or omission of a participant or a livestock professional.
§76-50.4
Waiver of liability.
Two or more persons may agree, in writing, to extend the waiver
of liability pursuant to the provisions of the Oklahoma Livestock Activities
Liability Limitation Act. Such waiver shall be valid and binding
by its terms.
