Hauling Release and Waiver - Horse Equine Forms
4-12-1
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. The General Assembly finds, determines, and declares
that this chapter is necessary for the immediate preservation of the public
peace, health, and safety. 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.
4-12-2
As used in this chapter, the term:
(1) "Engages in a llama activity" means riding,
training, assisting in providing 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 or herself in an unauthorized area and
in immediate proximity to the llama activity.
(2) "Engages in an equine activity" means riding,
training, assisting in providing 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 or herself in an unauthorized
area and in immediate proximity to the equine activity.
(3) "Equine" means a horse, pony, mule, donkey,
or hinny.
(4) "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 and western games,
and hunting;
(B) Equine training or teaching activities, or
both;
(C) Boarding equines;
(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;
(F) Placing or replacing horseshoes on an equine;
and
(G) Examining or administering medical treatment
to an equine by a veterinarian.
(5) "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.
(6) "Equine professional" means a person engaged
for compensation in:
(A) Instructing a participant or renting
to a participant an equine for the purpose of riding, driving, or being
a passenger upon the equine;
(B) Renting equipment or tack to a participant;
or
(C) Examining or administering medical treatment
to an equine as a veterinarian.
(7) "Inherent risks of equine activities" or "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:
(A) The propensity of the animal to behave
in ways that may result in injury, harm, or death to persons on or around
them;
(B) The unpredictability of the animal's reaction
to such things as sounds, sudden movement, and unfamiliar objects, persons,
or other animals;
(C) Certain hazards such as surface and subsurface
conditions;
(D) Collisions with other animals 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 animal or not acting within
his or her ability.
(8) "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.
(9) "Llama activity" means:
(A) Llama shows, fairs, competitions,
performances, packing events, or parades that involve any or all breeds
of llamas;
(B) Using llamas to pull carts or to carry packs
or other items;
(C) Using llamas to pull travois-type carriers
during rescue or emergency situations;
(D) Llama training or teaching activities or both;
(E) Taking llamas on public relations trips or
visits to schools or nursing homes;
(F) Participating in commercial packing trips
in which participants pay a llama professional to be a guide on a hike
leading llamas;
(G) Boarding llamas;
(H) 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;
(I) Using llamas in wool production;
(J) Rides, trips, or other llama activities of
any type however informal or impromptu that are sponsored by a llama activity
sponsor; and
(K) Trimming the nails of a llama.
(10) "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.
(11) "Llama professional" means a person engaged
for compensation:
(A) 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
(B) In renting equipment or tack to a participant.
(12) "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.
4-12-3.
(a) Except as provided in subsection (b) of this
Code section, an equine activity sponsor, an equine professional, a llama
activity sponsor, a llama professional, 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 (b) of this Code section, no participant or
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, 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.
(b) Nothing in subsection (a) of this Code 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:
(1)(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.
(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 to safely manage the
particular animal based on the participant's representations of his or
her ability;
(2) 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
or should have been 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;
(3) 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; or
(4) Intentionally injures the participant.
(c) Nothing in subsection (a) of this Code section
shall prevent or limit the liability of an equine activity sponsor,
equine professional, llama activity sponsor, or llama professional under
liability provisions as set forth in the products liability laws.
4-12-4.
(a) Every equine professional and every equine
activity sponsor shall post and maintain signs which contain the warning
notice specified in subsection (b) of this Code section. Such signs
shall be placed in a clearly visible location on or near stables, corrals,
or arenas where the equine professional or the equine activity sponsor
conducts equine activities. The warning notice specified in subsection
(b) of this Code section 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 or by an equine activity
sponsor 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 or the equine activity sponsor's business,
shall contain in clearly readable print the warning notice specified in
subsection (b) of this Code section.
(b) The signs and contracts described in subsection
(a) of this Code section shall contain the following warning notice:
WARNING
Under Georgia law, an equine activity sponsor or 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 Chapter 12 of Title 4 of the Official Code of Georgia Annotated.
(c) Failure to comply with the requirements concerning
warning signs and notices provided in this Code section shall prevent an
equine activity sponsor or equine professional from invoking the privileges
of immunity provided by this chapter.
