Hauling Release and Waiver - Horse Equine Forms
§13-21-119
Equine activities - llama activities - legislative declaration
- exemption from civil liability.
(1) The general assembly recognizes that persons who participate
in equine activities or llama activities may incur injuries as a result
of the risks involved in such activities. The general assembly also finds
that the state and its citizens derive numerous economic and personal benefits
from such activities. It is, therefore, the intent of the general assembly
to encourage equine activities and llama activities by limiting the civil
liability of those involved in such activities.
(2) As used in this section, unless the context otherwise requires:
(a) "Engages in a llama activity" means riding, training,
assisting in medical treatment of, driving, or being a passenger upon a
llama, whether mounted or unmounted or any person assisting a participant
or show management. The term "engages in a llama activity" does not include
being a spectator at a llama activity, except in cases where the spectator
places himself in an unauthorized area and in immediate proximity to the
llama activity.
(a.5) "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 any person assisting a participant
or show management. 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.
(c) "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, steeplechasing, English and western performance
riding, endurance trail riding and western games, and hunting;
(II) Equine training or teaching activities or both;
(III) Boarding equines;
(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;
(V) Rides, trips, hunts, or other equine activities of any type
however informal or impromptu that are sponsored by an equine activity
sponsor; and
(VI) 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, 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 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) "Inherent risks of equine activities" and "inherent
risks of llama activities" means those dangers or conditions which are
an integral part of equine activities or llama activities, as the case
may be, including, but not limited to:
(I) The propensity of the animal to behave in ways that
may result in injury, harm, or death to persons on or around them;
(II) The unpredictability of the animal's reaction to such things
as sounds, sudden movement, and unfamiliar objects, persons, or other animals;
(III) Certain hazards such as surface and subsurface conditions;
(IV) Collisions with other animals or objects;
(V) 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.
(f.1) "Llama" means a South American camelid which is an animal of
the genus lama, commonly referred to as a "one llama", including llamas,
alpacas, guanacos, and vicunas.
(f.2) "Llama activity" means:
(I) Llama shows, fairs, competitions, performances, packing
events, or parades that involve any or all breeds of llamas;
(II) Using llamas to pull carts or to carry packs or other items;
(III) Using llamas to pull travois-type carriers during rescue or
emergency situations;
(IV) Llama training or teaching activities or both;
(V) Taking llamas on public relations trips or visits to schools
or nursing homes;
(VI) Participating in commercial packing trips in which participants
pay a llama professional to be a guide on a hike leading llamas;
(VII) Boarding llamas;
(VIII) Riding, inspecting, or evaluating a llama belonging to another,
whether or not the owner has received some monetary consideration or other
thing of value for the use of the llama or is permitting a prospective
purchaser of the llama to ride, inspect, or evaluate the llama;
(IX) Using llamas in wool production;
(X) Rides, trips, or other llama activities of any type however
informal or impromptu that are sponsored by a llama activity sponsor; and
(XI) Trimming the nails of a llama.
(f.3) "Llama 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 llama activity,
including but not limited to: Llama 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 llama facilities,
including but not limited to stables, clubhouses, fairs, and arenas at
which the activity is held.
(f.4) "Llama professional" means a person engaged for compensation:
(I) In instructing a participant or renting to a participant
a llama for the purpose of riding, driving, or being a passenger upon the
llama; or
(II) In renting equipment or tack to a participant.
(g) "Participant" means any person, whether amateur or professional,
who engages in an equine activity or who engages in a llama activity, whether
or not a fee is paid to participate in such activity.
(3) Except as provided in subsection (4) of this section, an equine
activity sponsor, an equine professional, a llama activity sponsor, a llama
professional, a doctor of veterinary medicine, or any other person, which
shall include a corporation or partnership, shall not be liable for an
injury to or the death of a participant resulting from the inherent risks
of equine activities, or from the inherent risks of llama activities and,
except as provided in subsection (4) of this section, 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,
a llama activity sponsor, a llama professional, a doctor of veterinary
medicine, or any other person for injury, loss, damage, or death of the
participant resulting from any of the inherent risks of equine activities
or resulting from any of the inherent risks of llama activities.
(4) (a) This section shall not apply to the horse racing industry
as regulated in article 60 of title 12, C.R.S.
(b) Nothing in subsection (3) of this section shall prevent or limit
the liability of an equine activity sponsor, an equine professional, a
llama activity sponsor, a llama professional, or any other person if the
equine activity sponsor, equine professional, llama activity sponsor, llama
professional, or person:
(I) (A) Provided the equipment or tack, and knew or should
have known that the equipment or tack was faulty, and such equipment or
tack was faulty to the extent that it did cause the injury; or
(B) Provided the animal and failed to make reasonable and prudent
efforts to determine the ability of the participant to engage safely in
the equine activity or llama activity and determine the ability of the
participant to safely manage the particular animal based on the participant's
representations of his ability;
(II) 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 which was known to the
equine activity sponsor, equine professional, llama activity sponsor, llama
professional, or person and for which warning signs have not been conspicuously
posted;
(III) 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;
(IV) Intentionally injures the participant.
(c) Nothing in subsection (3) of this section shall prevent or limit
the liability of an equine activity sponsor, equine professional, llama
activity sponsor, or llama professional:
(I) Under liability provisions as set forth in the products
liability laws; or
(II) Under liability provisions in section 35-46-102, C.R.S.
(5) (a) Every equine professional shall post and maintain signs which
contain the warning notice specified in paragraph (b) of this subsection
(5). Such 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, managed, or controlled
by the equine professional. The warning notice specified in paragraph (b)
of this subsection (5) 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 for 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 paragraph
(b) of this subsection (5).
(b) The signs and contracts described in paragraph (a) of this subsection
(5) shall contain the following warning notice:
WARNING
Under Colorado 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 section 13-21-119,
Colorado Revised Statutes.
(6) (a) Every llama professional shall post and maintain signs which
contain the warning notice specified in paragraph (b) of this subsection
(6). Such signs shall be placed in a clearly visible location on or near
stables, corrals, pens, or arenas where the llama professional conducts
llama activities if such stables, corrals, pens, or arenas are owned, managed,
or controlled by the llama professional. The warning notice specified in
paragraph (b) of this subsection (6) 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 a llama professional for the providing
of professional services, instruction, or the rental of equipment or tack
or a llama to a participant, whether or not the contract involves llama
activities on or off the location or site of the llama professional's business,
shall contain in clearly readable print the warning notice specified in
paragraph (b) of this subsection (6).
(b) The signs and contracts described in paragraph (a) of this subsection
(6) shall contain the following warning notice:
WARNING
Under Colorado Law, a llama professional is not liable for an
injury to or the death of a participant in llama activities resulting from
the inherent risks of llama activities, pursuant to section 13-21-119,
Colorado Revised Statutes.
