This Hauling Release and Waiver Horse Equine Form is a hauling release and waiver used in the situation where a horse owner agrees to allow another person to transport, haul and/or trailer a horse to horse shows, equestrian events, rodeos, sales and other events. It includes the agreement to waive and disclaim all liabilities to the hauler in connection with injury or death to the horse.
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Ohio Hauling Release and Waiver - Horse Equine Forms
Toledo Ohio Hauling Release and Waiver - Horse Equine Forms
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Ohio
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Toledo
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OH-04-06
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Equine Liability insurance helps protect you from third party bodily injury and property damage for which you are legally liable.
Those who need the most power, though, can choose the Ford F-450 Super Duty, which offers 45,300 pounds gross combination weight rating (GCWR). Other trucks also could meet the towing needs of those who need to pull a larger livestock trailer. The Ram 3500 can tow between 13,490 and 14,970 pounds.
Many equestrian facilities require their clients to sign liability release forms prior to engaging in any equine-related activities. Liability releases, also known as waivers and hold harmless agreements, are meant to protect the facility from liability in the event of an accident.
A liability waiver form is a legal contract that educates one party about the risks associated with an activity. Once signed, it prevents the participant from opening a lawsuit against the company in the event of damage or loss, effectively shifting responsibility for injuries from the company to the customer.
The broad categories of equine insurance include: Mortality ? essentially, life insurance on the horse.Loss of use ? similarly to mortality insurance, designed to compensate for the loss of the horse's ability to compete or perform as anticipated.Medical ? to cover expenses just as one might insure a family member.
Generally, a liability waiver should include the following provisions: Risks. First and foremost, it should include a list of the representative inherent risks and any special risks of a trip and/or core activities in an itinerary.Liability Waiver Release.Assumption of Risk.Indemnification.Forum/Venue Selection.
Numerous factors can affect the cost of transporting a horse, but on average you can expect transporting your horse to cost roughly $2.55 per mile for trips less than 100 miles and $1.10 per mile for journeys over 100 miles.
Horses are fine for up to 9 hours in a trailer as long as they have food and water, and unloading during the trip just adds to your end time considerably. Rather, get to where you are going and let them ?and you- have a long rest.
If you are hauling horses for hire, or if you are hauling client horses, or if your truck or combination is over a certain size, you may be required to obtain a United States Department of Transportation (USDOT) number, a Motor Carrier (MC) number, and/or a Commercial Driver's License (CDL).
A living quarter horse trailer can be a huge convenience if you need to stay warm on a chilly winter day. But don't let your plumbing become an issue when the temperatures drop at night. A frozen or burst water line can turn a relaxing trip into a headache faster than you can say ?snowman!?
Equine Liability insurance helps protect you from third party bodily injury and property damage for which you are legally liable.
Those who need the most power, though, can choose the Ford F-450 Super Duty, which offers 45,300 pounds gross combination weight rating (GCWR). Other trucks also could meet the towing needs of those who need to pull a larger livestock trailer. The Ram 3500 can tow between 13,490 and 14,970 pounds.
Many equestrian facilities require their clients to sign liability release forms prior to engaging in any equine-related activities. Liability releases, also known as waivers and hold harmless agreements, are meant to protect the facility from liability in the event of an accident.
A liability waiver form is a legal contract that educates one party about the risks associated with an activity. Once signed, it prevents the participant from opening a lawsuit against the company in the event of damage or loss, effectively shifting responsibility for injuries from the company to the customer.
The broad categories of equine insurance include: Mortality ? essentially, life insurance on the horse.Loss of use ? similarly to mortality insurance, designed to compensate for the loss of the horse's ability to compete or perform as anticipated.Medical ? to cover expenses just as one might insure a family member.
Generally, a liability waiver should include the following provisions: Risks. First and foremost, it should include a list of the representative inherent risks and any special risks of a trip and/or core activities in an itinerary.Liability Waiver Release.Assumption of Risk.Indemnification.Forum/Venue Selection.
Numerous factors can affect the cost of transporting a horse, but on average you can expect transporting your horse to cost roughly $2.55 per mile for trips less than 100 miles and $1.10 per mile for journeys over 100 miles.
Horses are fine for up to 9 hours in a trailer as long as they have food and water, and unloading during the trip just adds to your end time considerably. Rather, get to where you are going and let them ?and you- have a long rest.
If you are hauling horses for hire, or if you are hauling client horses, or if your truck or combination is over a certain size, you may be required to obtain a United States Department of Transportation (USDOT) number, a Motor Carrier (MC) number, and/or a Commercial Driver's License (CDL).
A living quarter horse trailer can be a huge convenience if you need to stay warm on a chilly winter day. But don't let your plumbing become an issue when the temperatures drop at night. A frozen or burst water line can turn a relaxing trip into a headache faster than you can say ?snowman!?
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Veterinarians that care for the horses that we love.
They are truly heroes. I'm truly blessed. #worsts #suspect #militant horse #world #wishfulstowest A photo posted by Kate Winslet (bakeshop_) on Aug 1, 2016 at 10:20am PDT “What I wish to do is to make it as comfortable as possible for the horses that we see at the veterinary school. This is all about the horses,” said veterinarian Dr. Mark Lien hut, who took in his first horse this summer. “It's a very, very hard thing to do, but we must do it if we can. We have so many wonderful students, and they are all so passionate with wanting to help horses in need.” According to the National Center for Biotechnology Information, the number of people living with horses in the United States has steadily increased in the past 20 years from about 9.75 million in 1999 to nearly 19 million in 2015. The number of horses entering the market for sale has risen dramatically as well.
Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.
They are truly heroes. I'm truly blessed. #worsts #suspect #militant horse #world #wishfulstowest A photo posted by Kate Winslet (bakeshop_) on Aug 1, 2016 at 10:20am PDT “What I wish to do is to make it as comfortable as possible for the horses that we see at the veterinary school. This is all about the horses,” said veterinarian Dr. Mark Lien hut, who took in his first horse this summer. “It's a very, very hard thing to do, but we must do it if we can. We have so many wonderful students, and they are all so passionate with wanting to help horses in need.” According to the National Center for Biotechnology Information, the number of people living with horses in the United States has steadily increased in the past 20 years from about 9.75 million in 1999 to nearly 19 million in 2015. The number of horses entering the market for sale has risen dramatically as well.
Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.
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Toledo Ohio Hauling Release and Waiver - Horse Equine Forms
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Law summary
Hauling Release and Waiver - Horse Equine Forms
Ohio Equine Activity Statutes
§ 2305.321
Immunity as to equine activity risks.
(A) As used in this section:
(1) "Equine" means a horse, pony, mule, donkey, hinny, zebra, zebra
hybrid, or alpaca.
(2) (a) "Equine activity" means any of the following:
(i) An equine show, fair, competition, performance, or
parade that involves an equine and an equine discipline, including, but
not limited to, dressage, a hunter and jumper show, grand prix jumping,
a three-day event, combined training, a rodeo, driving, pulling, cutting,
reining, team penning, barrel racing, polo, steeplechasing, english or
western performance riding, endurance or nonendurance trail riding, western
games, hunting, packing, and recreational riding;
(ii) An equine or rider training, teaching, instructing, testing,
or evaluating activity, including, but not limited to, a clinic, seminar,
or symposium;
(iii) The boarding of an equine, including, but not limited to,
normal daily care of an equine;
(iv) The trailering, loading, unloading, or transporting of an equine;
(v) The riding, inspecting, or evaluating of an equine owned by
another person, regardless of whether the owner has received anything of
value for the use of the equine or is permitting a prospective purchaser
of the equine to ride, inspect, or evaluate it;
(vi) A ride, trip, hunt, branding, roundup, cattle drive, or other
activity that involves an equine and that is sponsored by an equine activity
sponsor, regardless of whether the activity is formal, informal, planned,
or impromptu;
(vii) The placing or replacing of horseshoes on an equine, the removing
of horseshoes from an equine, or the trimming of the hooves of an equine;
(viii) The provision of or assistance in the provision of veterinary
treatment or maintenance care for an equine;
(ix) The conducting of procedures or assistance in the conducting
of procedures necessary to breed an equine by means of artificial insemination
or otherwise.
(b) "Equine activity" does not include horse or mule racing.
(3) "Equine activity participant" means a person who engages in
any of the following activities, regardless of whether the person is an
amateur or a professional or whether a fee is paid to participate in the
particular activity:
(a) Riding, training, driving, or controlling in any manner
an equine, whether the equine is mounted or unmounted;
(b) Being a passenger upon an equine;
(c) Providing medical treatment to an equine;
(d) Conducting procedures or assisting in conducting procedures
necessary to breed an equine by means of artificial insemination or otherwise;
(e) Assisting a person who is engaged in an activity described in
division (A)(3)(a), (b), (c), or (d) of this section;
(f) Sponsoring an equine activity;
(g) Being a spectator at an equine activity.
(4) "Equine activity sponsor" means either of the following persons:
(a) A person who, for profit or not for profit, sponsors,
organizes, or provides a facility for an equine activity, including, but
not limited to, a pony club, 4-H club, hunt club, riding club, or therapeutic
riding program, or a class, program, or activity that is sponsored by a
school, college, or university;
(b) An operator or promoter of, or an instructor at, an equine facility,
such as a stable, clubhouse, pony ride, fair, training facility, show ground,
or arena at which an equine activity is held.
(5) "Equine professional" means a person who engages for compensation
in any of the following activities:
(a) Training, teaching, instructing, testing, or evaluating
an equine or an equine activity participant;
(b) Renting to an equine activity participant an equine for the
purpose of riding, driving, or being a passenger upon an equine;
(c) Renting equipment or tack to an equine activity participant
for use in an equine activity;
(d) Providing daily care to an equine boarded at an equine activity;
(e) Providing or assisting in providing veterinary treatment or
maintenance care to an equine;
(f) Conducting procedures or assisting in conducting procedures
necessary to breed an equine by means of artificial insemination or otherwise.
(6) "Harm" means injury, death, or loss to person or property.
(7) "Inherent risk of an equine activity" means a danger or condition
that is an integral part of an equine activity, including, but not limited
to, any of the following:
(a) The propensity of an equine to behave in ways that
may result in injury, death, or loss to persons on or around the equine;
(b) The unpredictability of an equine's reaction to sounds, sudden
movement, unfamiliar objects, persons, or other animals;
(c) Hazards, including, but not limited to, surface or subsurface
conditions;
(d) A collision with another equine, another animal, a person, or
an object;
(e) The potential of an equine activity participant to act in a
negligent manner that may contribute to injury, death, or loss to the person
of the participant or to other persons, including, but not limited to,
failing to maintain control over an equine or failing to act within the
ability of the participant.
(8) "Person" has the same meaning as in section 1.59 of the Revised
Code and additionally includes governmental entities.
(9) "Tort action" means a civil action for damages for injury, death,
or loss to person or property. "Tort action" does not include a civil action
for damages for a breach of contract or another agreement between persons.
(10) "Veterinarian" means a person who is licensed to practice veterinary
medicine in this state pursuant to Chapter 4741. of the Revised Code.
(B) (1) Except as provided in division (B)(2) of this section and
subject to division (C) of this section, an equine activity sponsor, equine
activity participant, equine professional, veterinarian, farrier, or other
person is not liable in damages in a tort or other civil action for harm
that an equine activity participant allegedly sustains during an equine
activity and that results from an inherent risk of an equine activity.
Except as provided in division (B)(2) of this section and subject to division
(C) of this section, an equine activity participant or the personal representative
of an equine activity participant does not have a claim or cause of action
upon which a recovery of damages may be based against, and may not recover
damages in a tort or other civil action against, an equine activity sponsor,
another equine activity participant, an equine professional, a veterinarian,
a farrier, or another person for harm that the equine activity participant
allegedly sustained during an equine activity and that resulted from an
inherent risk of an equine activity.
(2) The immunity from tort or other civil liability conferred by
division (B)(1) of this section is forfeited if any of the following circumstances
applies:
(a) An equine activity sponsor, equine activity participant,
equine professional, veterinarian, farrier, or other person provides to
an equine activity participant faulty or defective equipment or tack and
knows or should know that the equipment or tack is faulty or defective,
and the fault or defect in the equipment or tack proximately causes the
harm involved.
(b) An equine activity sponsor, equine activity participant, equine
professional, veterinarian, farrier, or other person provides an equine
to an equine activity participant and fails to make reasonable and prudent
efforts to determine the equine activity participant's ability to safely
engage in the equine activity or to safely manage the equine based on the
equine activity participant's representations of the participant's ability,
the equine activity participant fails to safely engage in the equine activity
or to safely manage the equine, and that failure proximately causes the
harm involved.
(c) The harm involved is proximately caused by a dangerous latent
condition of the land on which or the premises at which the harm occurs,
an equine activity sponsor, equine activity participant, equine professional,
veterinarian, farrier, or other person owns, leases, rents, or otherwise
lawfully possesses and controls the land or premises and knows or should
know of the dangerous latent condition, but does not post conspicuously
prior to the time of the harm involved one or more signs that warn of the
dangerous latent condition.
(d) An act or omission of an equine activity sponsor, equine activity
participant, equine professional, veterinarian, farrier, or other person
constitutes a willful or wanton disregard for the safety of an equine activity
participant and proximately causes the harm involved.
(e) An equine activity sponsor, equine activity participant, equine
professional, veterinarian, farrier, or other person intentionally causes
the harm involved.
(C) (1) Notwithstanding the immunity conferred by division (B)(1) of
this section and the grounds for its forfeiture specified in division (B)(2)
of this section, subject to divisions (C)(2)(b) and (3) of this section,
an equine activity sponsor, equine activity participant, equine professional,
veterinarian, farrier, or other person is not liable in damages in a tort
or other civil action for harm that an equine activity participant allegedly
sustains during an equine activity and that results from an inherent risk
of an equine activity if that equine activity participant or a parent,
guardian, custodian, or other legal representative of that equine activity
participant voluntarily executes, prior to the occurrence of the harm involved,
a written waiver as described in division (C)(2) of this section. Subject
to divisions (C)(2)(b) and (C)(3) of this section, the equine activity
participant who is the subject of that waiver or the parent, guardian,
custodian, or other legal representative of the equine activity participant
who is the subject of that waiver does not have a claim or cause of action
upon which a recovery of damages may be based against, and may not recover
damages in a tort or other civil action against, an equine activity sponsor,
another equine activity participant, an equine professional, a veterinarian,
a farrier, or another person in whose favor the waiver was executed.
(2) (a) A valid waiver for purposes of division (C)(1) of this section
shall be in writing and subscribed by the equine activity participant or
the parent, guardian, custodian, or other legal representative of the equine
activity participant, and shall specify at least each inherent risk of
an equine activity that is listed in divisions (A)(7)(a) to (e) of this
section and that will be a subject of the waiver of tort or other civil
liability.
(b) A waiver in the form described in division (C)(2)(a) of this
section shall remain valid until it is revoked in the manner described
in division (C)(3) of this section. Unless so revoked, such a waiver that
pertains to equine activities sponsored by a school, college, or university
shall apply to all equine activities in which the equine activity participant
who is the subject of the waiver is involved during the twelve-month period
following the execution of the waiver.
(3) A valid waiver in the form described in division (C)(2)(a) of
this section may be revoked in writing by the equine activity participant
or the parent, guardian, custodian, or other legal representative of the
equine activity participant who executed the waiver. The revocation of
the waiver does not affect the availability of the immunity conferred by
division (B)(1) of this section.
(D) (1) This section does not create a new cause of action or substantive
legal right against an equine activity sponsor, equine activity participant,
equine professional, veterinarian, farrier, or other person.
(2) This section does not affect the availability in appropriate
circumstances of a civil action based on a product liability claim under
sections 2307.71 to 2307.801 [2307.80.1] of the Revised Code.
* This section was originally enacted in HB 564 (146 v --), effective 3-3-97 as RC § 2305.40.
The provisions of § 2 of HB 564 (146 v --) read as follows:
SECTION 2. Section 2305.40 of the Revised Code, as enacted by this act, shall apply only to harm that an equine activity participant sustains as a proximate result of an inherent risk of an equine activity that occurs on or after the effective date of this act. The tort or other civil liability of, and the defenses available to and any immunities from liability of, an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person for harm that an equine activity participant sustained as a proximate result of an inherent risk of an equine activity that occurred prior to the effective date of this act shall be determined as if section 2305.40 of the Revised Code had not been enacted by this act.
Legal definition
Hauling Release and Waiver - Horse Equine Forms
Ohio Equine Activity Statutes
§ 2305.321
Immunity as to equine activity risks.
(A) As used in this section:
(1) "Equine" means a horse, pony, mule, donkey, hinny, zebra, zebra
hybrid, or alpaca.
(2) (a) "Equine activity" means any of the following:
(i) An equine show, fair, competition, performance, or
parade that involves an equine and an equine discipline, including, but
not limited to, dressage, a hunter and jumper show, grand prix jumping,
a three-day event, combined training, a rodeo, driving, pulling, cutting,
reining, team penning, barrel racing, polo, steeplechasing, english or
western performance riding, endurance or nonendurance trail riding, western
games, hunting, packing, and recreational riding;
(ii) An equine or rider training, teaching, instructing, testing,
or evaluating activity, including, but not limited to, a clinic, seminar,
or symposium;
(iii) The boarding of an equine, including, but not limited to,
normal daily care of an equine;
(iv) The trailering, loading, unloading, or transporting of an equine;
(v) The riding, inspecting, or evaluating of an equine owned by
another person, regardless of whether the owner has received anything of
value for the use of the equine or is permitting a prospective purchaser
of the equine to ride, inspect, or evaluate it;
(vi) A ride, trip, hunt, branding, roundup, cattle drive, or other
activity that involves an equine and that is sponsored by an equine activity
sponsor, regardless of whether the activity is formal, informal, planned,
or impromptu;
(vii) The placing or replacing of horseshoes on an equine, the removing
of horseshoes from an equine, or the trimming of the hooves of an equine;
(viii) The provision of or assistance in the provision of veterinary
treatment or maintenance care for an equine;
(ix) The conducting of procedures or assistance in the conducting
of procedures necessary to breed an equine by means of artificial insemination
or otherwise.
(b) "Equine activity" does not include horse or mule racing.
(3) "Equine activity participant" means a person who engages in
any of the following activities, regardless of whether the person is an
amateur or a professional or whether a fee is paid to participate in the
particular activity:
(a) Riding, training, driving, or controlling in any manner
an equine, whether the equine is mounted or unmounted;
(b) Being a passenger upon an equine;
(c) Providing medical treatment to an equine;
(d) Conducting procedures or assisting in conducting procedures
necessary to breed an equine by means of artificial insemination or otherwise;
(e) Assisting a person who is engaged in an activity described in
division (A)(3)(a), (b), (c), or (d) of this section;
(f) Sponsoring an equine activity;
(g) Being a spectator at an equine activity.
(4) "Equine activity sponsor" means either of the following persons:
(a) A person who, for profit or not for profit, sponsors,
organizes, or provides a facility for an equine activity, including, but
not limited to, a pony club, 4-H club, hunt club, riding club, or therapeutic
riding program, or a class, program, or activity that is sponsored by a
school, college, or university;
(b) An operator or promoter of, or an instructor at, an equine facility,
such as a stable, clubhouse, pony ride, fair, training facility, show ground,
or arena at which an equine activity is held.
(5) "Equine professional" means a person who engages for compensation
in any of the following activities:
(a) Training, teaching, instructing, testing, or evaluating
an equine or an equine activity participant;
(b) Renting to an equine activity participant an equine for the
purpose of riding, driving, or being a passenger upon an equine;
(c) Renting equipment or tack to an equine activity participant
for use in an equine activity;
(d) Providing daily care to an equine boarded at an equine activity;
(e) Providing or assisting in providing veterinary treatment or
maintenance care to an equine;
(f) Conducting procedures or assisting in conducting procedures
necessary to breed an equine by means of artificial insemination or otherwise.
(6) "Harm" means injury, death, or loss to person or property.
(7) "Inherent risk of an equine activity" means a danger or condition
that is an integral part of an equine activity, including, but not limited
to, any of the following:
(a) The propensity of an equine to behave in ways that
may result in injury, death, or loss to persons on or around the equine;
(b) The unpredictability of an equine's reaction to sounds, sudden
movement, unfamiliar objects, persons, or other animals;
(c) Hazards, including, but not limited to, surface or subsurface
conditions;
(d) A collision with another equine, another animal, a person, or
an object;
(e) The potential of an equine activity participant to act in a
negligent manner that may contribute to injury, death, or loss to the person
of the participant or to other persons, including, but not limited to,
failing to maintain control over an equine or failing to act within the
ability of the participant.
(8) "Person" has the same meaning as in section 1.59 of the Revised
Code and additionally includes governmental entities.
(9) "Tort action" means a civil action for damages for injury, death,
or loss to person or property. "Tort action" does not include a civil action
for damages for a breach of contract or another agreement between persons.
(10) "Veterinarian" means a person who is licensed to practice veterinary
medicine in this state pursuant to Chapter 4741. of the Revised Code.
(B) (1) Except as provided in division (B)(2) of this section and
subject to division (C) of this section, an equine activity sponsor, equine
activity participant, equine professional, veterinarian, farrier, or other
person is not liable in damages in a tort or other civil action for harm
that an equine activity participant allegedly sustains during an equine
activity and that results from an inherent risk of an equine activity.
Except as provided in division (B)(2) of this section and subject to division
(C) of this section, an equine activity participant or the personal representative
of an equine activity participant does not have a claim or cause of action
upon which a recovery of damages may be based against, and may not recover
damages in a tort or other civil action against, an equine activity sponsor,
another equine activity participant, an equine professional, a veterinarian,
a farrier, or another person for harm that the equine activity participant
allegedly sustained during an equine activity and that resulted from an
inherent risk of an equine activity.
(2) The immunity from tort or other civil liability conferred by
division (B)(1) of this section is forfeited if any of the following circumstances
applies:
(a) An equine activity sponsor, equine activity participant,
equine professional, veterinarian, farrier, or other person provides to
an equine activity participant faulty or defective equipment or tack and
knows or should know that the equipment or tack is faulty or defective,
and the fault or defect in the equipment or tack proximately causes the
harm involved.
(b) An equine activity sponsor, equine activity participant, equine
professional, veterinarian, farrier, or other person provides an equine
to an equine activity participant and fails to make reasonable and prudent
efforts to determine the equine activity participant's ability to safely
engage in the equine activity or to safely manage the equine based on the
equine activity participant's representations of the participant's ability,
the equine activity participant fails to safely engage in the equine activity
or to safely manage the equine, and that failure proximately causes the
harm involved.
(c) The harm involved is proximately caused by a dangerous latent
condition of the land on which or the premises at which the harm occurs,
an equine activity sponsor, equine activity participant, equine professional,
veterinarian, farrier, or other person owns, leases, rents, or otherwise
lawfully possesses and controls the land or premises and knows or should
know of the dangerous latent condition, but does not post conspicuously
prior to the time of the harm involved one or more signs that warn of the
dangerous latent condition.
(d) An act or omission of an equine activity sponsor, equine activity
participant, equine professional, veterinarian, farrier, or other person
constitutes a willful or wanton disregard for the safety of an equine activity
participant and proximately causes the harm involved.
(e) An equine activity sponsor, equine activity participant, equine
professional, veterinarian, farrier, or other person intentionally causes
the harm involved.
(C) (1) Notwithstanding the immunity conferred by division (B)(1) of
this section and the grounds for its forfeiture specified in division (B)(2)
of this section, subject to divisions (C)(2)(b) and (3) of this section,
an equine activity sponsor, equine activity participant, equine professional,
veterinarian, farrier, or other person is not liable in damages in a tort
or other civil action for harm that an equine activity participant allegedly
sustains during an equine activity and that results from an inherent risk
of an equine activity if that equine activity participant or a parent,
guardian, custodian, or other legal representative of that equine activity
participant voluntarily executes, prior to the occurrence of the harm involved,
a written waiver as described in division (C)(2) of this section. Subject
to divisions (C)(2)(b) and (C)(3) of this section, the equine activity
participant who is the subject of that waiver or the parent, guardian,
custodian, or other legal representative of the equine activity participant
who is the subject of that waiver does not have a claim or cause of action
upon which a recovery of damages may be based against, and may not recover
damages in a tort or other civil action against, an equine activity sponsor,
another equine activity participant, an equine professional, a veterinarian,
a farrier, or another person in whose favor the waiver was executed.
(2) (a) A valid waiver for purposes of division (C)(1) of this section
shall be in writing and subscribed by the equine activity participant or
the parent, guardian, custodian, or other legal representative of the equine
activity participant, and shall specify at least each inherent risk of
an equine activity that is listed in divisions (A)(7)(a) to (e) of this
section and that will be a subject of the waiver of tort or other civil
liability.
(b) A waiver in the form described in division (C)(2)(a) of this
section shall remain valid until it is revoked in the manner described
in division (C)(3) of this section. Unless so revoked, such a waiver that
pertains to equine activities sponsored by a school, college, or university
shall apply to all equine activities in which the equine activity participant
who is the subject of the waiver is involved during the twelve-month period
following the execution of the waiver.
(3) A valid waiver in the form described in division (C)(2)(a) of
this section may be revoked in writing by the equine activity participant
or the parent, guardian, custodian, or other legal representative of the
equine activity participant who executed the waiver. The revocation of
the waiver does not affect the availability of the immunity conferred by
division (B)(1) of this section.
(D) (1) This section does not create a new cause of action or substantive
legal right against an equine activity sponsor, equine activity participant,
equine professional, veterinarian, farrier, or other person.
(2) This section does not affect the availability in appropriate
circumstances of a civil action based on a product liability claim under
sections 2307.71 to 2307.801 [2307.80.1] of the Revised Code.
* This section was originally enacted in HB 564 (146 v --), effective 3-3-97 as RC § 2305.40.
The provisions of § 2 of HB 564 (146 v --) read as follows:
SECTION 2. Section 2305.40 of the Revised Code, as enacted by this act, shall apply only to harm that an equine activity participant sustains as a proximate result of an inherent risk of an equine activity that occurs on or after the effective date of this act. The tort or other civil liability of, and the defenses available to and any immunities from liability of, an equine activity sponsor, equine activity participant, equine professional, veterinarian, farrier, or other person for harm that an equine activity participant sustained as a proximate result of an inherent risk of an equine activity that occurred prior to the effective date of this act shall be determined as if section 2305.40 of the Revised Code had not been enacted by this act.
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