Hauling Release and Waiver - Horse Equine Forms
Virginia Equine Activity Statute
§ 3.1-796.130
Definitions.
As used in this chapter, unless the context requires a different
meaning:
"Directly engages in an equine activity" means a person who rides,
trains, drives, or is a passenger upon an equine, whether mounted or unmounted,
but 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.
"Equine" means a horse, pony, mule, donkey, or hinny.
"Equine activity" means:
(i) 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, steeple chasing, endurance trail riding
and western games, and hunting;
(iv) 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
(v) rides, trips, hunts, or other equine activities of any type
however informal or impromptu that are sponsored by an equine activity
sponsor.
"Equine activity sponsor" means any person or his agent who, for profit
or not for profit 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.
"Equine professional" means a person or his agent engaged for compensation
in:
(i) instructing a participant or renting to a participant
an equine for the purpose of riding, driving, or being a passenger upon
an equine or
"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.
§ 3.1-796.131
Horse racing excluded.
The provisions of this chapter shall not apply to horse racing,
as that term is defined by § 59.1-365.
§ 3.1-796.132
Liability limited; liability actions prohibited.
A. Except as provided in § 3.1-796.133, an equine activity
sponsor or an equine professional shall not be liable for an injury to
or death of a participant engaged in an equine activity.
B. Except as provided in § 3.1-796.133, no participant or parent
or guardian of a participant who has knowingly executed a waiver of his
rights to sue or agrees to assume all risks specifically enumerated under
this subsection 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 engaged in an equine activity. The waiver shall give notice
to the participant of the risks inherent in equine activities, including:
(i) the propensity of an equine to behave in dangerous
ways which 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) hazards of surface or subsurface conditions. The waiver shall
remain valid unless expressly revoked by the participant or parent or guardian
of a minor. In the case of school and college sponsored classes and programs,
waivers executed by a participant or parent or guardian of a participant
shall apply to all equine activities in which the participant is involved
in the next succeeding twelve month period unless earlier expressly revoked
in writing.
§ 3.1-796.133
Liability of equine activity sponsors, equine professionals.
No provision of this chapter shall prevent or limit the liability
of an equine activity sponsor or equine professional who:
2. Commits an act or omission that constitutes negligence for the
safety of the participant and such act or omission caused the injury, unless
such participant, parent or guardian has expressly assumed the risk causing
the injury in accordance with subsection B of § 3.1-796.132; or
3. Knowingly provides faulty equipment or tack and such equipment
or tack causes the injury or death of the participant.
