NH Waiver

I am just gonna post it. I challenge the author to re-write and re-submit it and see if they can make it. . . .more effective now? What, you didn't know you would be graded on this assignment?

Nice statute, but what goes in the ". . . . " part? Has it held up in court against negligence? Sigh. Find out here http://asci.uvm.edu/equine/law/cases/release/wright.htm.



Release and Hold Harmless Agreement

As per NH State Code Section 508:19, an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, shall not be liable for an injury or the death of a participant resulting from the inherent risks of equine activities and … no participant's representative shall make any claim against, maintain an action against, or recover from any other person for injury, loss, damage, or death of a participant resulting from any of the inherent risks of equine activities. Each participant in an equine activity expressly assumes the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in an equine activity. Each participant shall have the sole responsibility for knowing the range of his or her ability to manage, care for, and control a particular equine or perform a particular equine activity, and it shall be the duty of each participant to act within the limits of the participant's own ability, to maintain reasonable control of the particular equine at all times while participating in an equine activity, to heed all posted warnings, and to refrain from acting in a manner which may cause or contribute to the injury of any person.

1. I,_____________________________,the undersigned have read and understand, and freely and voluntarily enter into this Release and Hold Harmless Agreement with [Me]. I understand that this Release and Hold Harmless Agreement is a waiver of any and all liability(ies).

2. I have read and fully understand the warning printed above.

3. I understand the potential dangers that I could incur in handling, mounting, riding, walking, boarding, and/or feeding said horse; including, but not limited to, any interactions with other horses. I understand that the inherent risks of equine activities include those dangers and conditions which are an integral part of equine activities, including, but not limited to:

a) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them.

b) The unpredictability of an equine's reaction to such things as sounds, sudden movements, and unfamiliar objects, persons, or other animals.

c) Certain hazards such as surface and subsurface conditions not obvious to the equine participant or not known and reasonably not known by the equine professional or sponsor.

d) Collisions with other equines or objects that can be reasonably foreseen as a result of normal equine activities.

e) The potential of a participant to act in a negligent manner that may contribute to injury of the participant

or others, such as failing to maintain control over the animal or not acting within the participant's ability.

4. Understanding those risks I hereby release, indemnify, and hold harmless [Me] and her agents or assignees from any liability whatsoever in the event of injury or damage of any nature (including but not limited to personal injuries both minor and severe, death, or property damage) to me or anyone else caused by or incidental to my electing to handle, mount and/or ride [My Horse(s)], [description of My Horse(s)] owned by [Me].

NOTICE: A helmet, approved by the ASTM/SEI for equestrian use, must be worn at all times when mounted.

Person voluntarily entering into this Release and Hold Harmless Agreement:

Signature_____________________________________________________ Date:_______________________

Printed Name_________________________________________________

Address____________________________________

____________________________________

DOB, if Minor_____________________________________

If minor, person representing himself/herself to the lawful Guardian under this Release and Hold Harmless Agreement:

Signature:___________________________________________________Relationship:___________________

Printed Name:_______________________________________________