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Liability Waiver question

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  • Liability Waiver question

    Hi all,
    I'm looking for feedback on the following release of liability....as a boarder, I want to know if I should be concerned about the rights and well-being of my horses. I've been told it's "just a formality", and wanted some experienced feedback before I sign it.

    This document operates to exclude liability and deals with assupmtion of risk and jurisdiction

    These conditions will affect your legal rigths.

    As a condition of use of the facilities owned by (barn owner):

    THe undersigned hereby assumes all risks of personal injury, death or property loss resulting from any cause whatsoever including but not limited to the inherent risks of horseback riding and related activities including unpredictable behaviour of the animals, collison with natural or man-made objects, farm equipment and all machinery, lawn mowers, falls, dismounts, failure of equipment or otherwise, or negligence, breach of contract, or breach of statutory duty of care on the part of (barn owner), their employees and agents (the operators) or any one or more of them. The risks include those forseen and unforseen, known and unknown.

    The undersigned agrees taht the operator shall not be liable shall not be liable for any such injury, death or property loss and waives all claims with respect thereto.

    The undersigned agrees that any litigation involving the operators shall be brought within (our jurisdiction) and further agrees that thse conditions and any rights, duties and obligations as between the operators and the undersigned shall be govererned by and interpreted in accordance with the laws of (our jurisdiction)

    The undersigned agrees to adhere to the written and oral instructions of the operators and to act responsibly at all times as a prudent handler of animals. In the event that services are provided to a person under the age of 18 years, the undersigned as authorized legal parent or guardian agrees to indemnify the operators from any and all claims, actions, causes of actions or suits brought by such minor or in his or her name including all defence costs on a solicitor-client basis for personal injury, death or property loss resulting to the user of the facilities under the age of 18 years


    MapleSyrupAlter

  • #2
    Ask a lawyer licensed to practice in your state. That's the only way to know for sure.
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    • #3
      Definitely a consideration, and may fly it past my insurance company too. I was wondering if is a standard form that anybody would expect, or if there is anything that jumps out at anybody.

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      • #4
        Definitely a consideration....
        This should be more than a consideration on your part....

        It sounds to me as if the BO is trying to absolve him/herself from any and all lawsuits, even if it arises from their negligence. Does this facility not carry insurance of any sort--"care, custody and control" or liability?

        I would definitely talk to a lawyer before signing the form so you know what you're up against!!!!
        "I'm not much into conspiracy theories but if everyone thinks alike you don't need a plot!" ~person from another bulletin board whose name has been long forgotten~

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        • #5
          Originally posted by Cherry View Post
          This should be more than a consideration on your part....

          It sounds to me as if the BO is trying to absolve him/herself from any and all lawsuits, even if it arises from their negligence. Does this facility not carry insurance of any sort--"care, custody and control" or liability?

          I would definitely talk to a lawyer before signing the form so you know what you're up against!!!!
          Yeah, that is what I interpreted it as too. Going to look into their insurance; it's a private farm where I do self-care; great people, but this seemed puzzling to me.
          Founder of the I LOFF my worrywart TB clique!
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          • #6
            I thought the release was fine up until they ask you to waive any claims for breach of contract and statutory duty of care.

            It's one thing to ask you not to sue if you fall off, and quite another to say you cannot bring any claims if we (the BO) violate the contract. Or, if the law says we have to provide a certain standard of care but we violate that standard, you cannot bring a claim.

            Those were the only two clauses that raised my eyebrows; waiving negligence is a bit strong, but is legal (cannot waive GROSS negligence, but can, I believe, waive garden-variety negligence).

            It may be that the BO has lifted this clause from another contract and doesn't completely understand its implications.
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            • #7
              Originally posted by SMF11 View Post
              I thought the release was fine up until they ask you to waive any claims for breach of contract and statutory duty of care.

              It's one thing to ask you not to sue if you fall off, and quite another to say you cannot bring any claims if we (the BO) violate the contract. Or, if the law says we have to provide a certain standard of care but we violate that standard, you cannot bring a claim.

              Those were the only two clauses that raised my eyebrows; waiving negligence is a bit strong, but is legal (cannot waive GROSS negligence, but can, I believe, waive garden-variety negligence).

              It may be that the BO has lifted this clause from another contract and doesn't completely understand its implications.
              This is the same part that has me concerned...if they aren't responsible for maintaining basic safety and care at the property, what exactly ARE they responsible for? Example...if they don't maintain the fence properly (just a scenario) and my horse gets out and badly hurt, Heaven forbid! - too bad for me? That's the way I'm reading it and wanted to be sure I wasn't misinterpreting before I had it looked at by someone.
              D.

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              • #8
                To me it reads like a pretty standard liability release.

                Like it or not, this is what things have come to. I am guessing it is something the BO's insurance and lawyer are making them do.

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                • #9
                  Talk to a good lawyer.

                  In my state I know you cannot sign away your rights to sue if there is negligence involved. Period.

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                  • #10
                    Originally posted by SMF11 View Post
                    I thought the release was fine up until they ask you to waive any claims for breach of contract and statutory duty of care.

                    It's one thing to ask you not to sue if you fall off, and quite another to say you cannot bring any claims if we (the BO) violate the contract. Or, if the law says we have to provide a certain standard of care but we violate that standard, you cannot bring a claim.

                    Those were the only two clauses that raised my eyebrows; waiving negligence is a bit strong, but is legal (cannot waive GROSS negligence, but can, I believe, waive garden-variety negligence).

                    It may be that the BO has lifted this clause from another contract and doesn't completely understand its implications.
                    Agreed...I'm not sure I would sign something that basically says unless they go out of their way to hurt or kill me or my horse, they're not liable. This appears to say "I can say anything in the boarding contract, and then leave your horse locked in the stall and feed them nothing but silage and you can't sue."

                    I'd get a lawyer to look at it. That just reads as off.
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                    • #11
                      Originally posted by SMF11 View Post
                      I thought the release was fine up until they ask you to waive any claims for breach of contract and statutory duty of care.

                      It's one thing to ask you not to sue if you fall off, and quite another to say you cannot bring any claims if we (the BO) violate the contract. Or, if the law says we have to provide a certain standard of care but we violate that standard, you cannot bring a claim.

                      Those were the only two clauses that raised my eyebrows; waiving negligence is a bit strong, but is legal (cannot waive GROSS negligence, but can, I believe, waive garden-variety negligence).

                      It may be that the BO has lifted this clause from another contract and doesn't completely understand its implications.
                      This, exactly.
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                      • #12
                        I'm not an attorney. I've had limited education on contract law via my business degree. So take this with a grain of salt....

                        IIRC, even if you sign something like this, if there are portions of it that don't meet contract law then the true law will override anything you agreed to. I'm looking at the negligence part too....

                        I guess here's the flip side...if you don't sign it or want to amend portions of it before signing, is the BO going to allow it? Because if not, it may not even be worth the expense of having someone look at it. You may just have to move on.
                        A good horseman doesn't have to tell anyone...the horse already knows.

                        Might be a reason, never an excuse...

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                        • #13
                          I wouldn't be concerned about the welfare of my horses because of boilerplate verbiage in a contract.

                          I mean, you've seen the place, right? And I'm assuming you found it up to your standards. And you're going to be there several times a week and will know how the horses are being treated?

                          I wouldn't pass on a boarding stable I liked just because at some point in the future I might want to bring legal action against them. That's kind of a remote chance, no?

                          It may not be an enforceable contract in your state, anyway. But the only way to know that is to have a lawyer look at it.
                          I'm not ignoring the rules. I'm interpreting the rules. Tamal, The Great British Baking Show

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