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  1. #1
    Join Date
    Aug. 8, 2006
    Location
    In limbo: St.Louis or NC
    Posts
    459

    Default Liability release

    Ok bear with me. I need some suggestions on how to put together a liability release waiver for people visiting my farm.

    Here is the situation. I have a class of kids coming out in a few weeks to see the farm and all the various animals. You know their learning about farm animals and the teacher thought this would be a good field trip kinda deal. There will be no riding and not a lot of interaction between kids and animals but it worries me to have them together. I don't want a kid to fall and break a leg and I get sued.

    I was thinking of putting the NC equestrian warning..equine activities are inherently dangerous-blah-blah, but I have other animals(its mainly a sheep farm) and don't know how to incorporate that in the waiver.

    Anyone have any ideas? Does this make sense? Thanks!
    Slave at the insane aslyum known as Hillyard Farms....



  2. #2
    Join Date
    Aug. 14, 2000
    Location
    Rochester,NY,USA
    Posts
    7,939

    Default

    No matter what you put in that lease, since it is children coming out, the parents would have to sign any waivers or releases.

    I know there is some website that gives examples of legal statements but I don't know what it is. Try Googling to find it. If you can't find something just include all animals on the farm, sheep, goats, dogs, cats, etc. to cover whatever critters you have in the equine release form.
    Sue
    Sometimes you have to burn a few bridges to keep the crazies from following you!



  3. #3
    Join Date
    Aug. 14, 2000
    Location
    Rochester,NY,USA
    Posts
    7,939

    Default

    Actually I remembered I had one set up for juniors. See below:


    RELEASE AND HOLD HARMLESS AGREEMENT


    The Undersigned assumes the unavoidable risks inherent in all horse-related activities, including, but not limited to, bodily injury and physical harm to horse, rider, trainer, and spectator.

    In consideration, therefore, for the privilege riding horses at ________ Farm, located at __your address here_______, the Undersigned does hereby agree to hold harmless and indemnify (your name here) (property owner) and further release them from any liability or responsibility for accident, damage, injury, or illness to the Undersigned or to any horse/pony owned/leased/ridden or to any family member or spectator accompanying the Undersigned on the premises.



    Name:_____________________________________________




    Parent/Guardian Name:___________________________





    Parent/Guardian Signature Date




    Address:_________________________________


    Telephone Number (s):______________

    Just add other critters to the list.
    Sue
    Sometimes you have to burn a few bridges to keep the crazies from following you!



  4. #4
    Join Date
    Feb. 28, 2001
    Posts
    15,232

    Default

    It might be wise to review the state law before offering agreements.

    msj-that agreement is pretty flimsy...

    It also might be worth contacting an attorney since you are dealing with minors.

    It also might be worth noting a waiver can be virtually worthless, particularly when dealing with minors.


    The better option would be obtain suitable insurance for the situation



  5. #5
    Join Date
    Sep. 7, 2009
    Location
    Lexington, KY
    Posts
    24,509

    Default

    You need a waiver applicable for your state and, I agree, get a rider from your insurance agent. Better safe than sorry. There are a lot of screwy, sue happy parents out there....
    Join the Clinton 2016 campaign...Hillary For America. https://www.hillaryclinton.com/



  6. #6
    Join Date
    Aug. 14, 2000
    Location
    Rochester,NY,USA
    Posts
    7,939

    Default

    Quote Originally Posted by LMH View Post
    It might be wise to review the state law before offering agreements.

    msj-that agreement is pretty flimsy...

    It also might be worth contacting an attorney since you are dealing with minors.

    It also might be worth noting a waiver can be virtually worthless, particularly when dealing with minors.


    The better option would be obtain suitable insurance for the situation
    LMH, I agree it was a very mild agreement but I never allowed anyone to ride on the farm unless I had additional equine commercial liability anyway and now don't allow anyone period. Two winters ago a neighbor wanted to bring her youngster(horse) over to keep him going and I told her she'd have to pay the entire insurance policy plus a ring fee. She did but decided this past winter to raise puppies to pay her taxes. I've since decided no one rides unless they want to buy the farm first.
    Last edited by msj; Apr. 20, 2011 at 10:41 AM. Reason: clarified youngter as horse not child
    Sue
    Sometimes you have to burn a few bridges to keep the crazies from following you!



  7. #7
    Join Date
    Feb. 28, 2001
    Posts
    15,232

    Default

    good msj.



  8. #8
    Join Date
    Jul. 19, 2007
    Location
    Michigan
    Posts
    11,303

    Default

    All liability releases are pretty flimsy. They won't stop someone from trying to sue, though they might get a suit thrown out.

    I would look up standard liability waivers for your particular state--when I was working the desk at our dance studio, one thing I had to explain when doing a contract was a Massachusetts state standard liability clause that we were legally requried to include (standard stuff about heirs and assigns holding harmless and dance is an inherently risky activity, etc but it had a specific wording we were required to use.)



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