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Many
horse-related businesses require riders to sign
liability releases, but many of those releases won’t
actually protect the business from liability. Whether
your release will protect you from liability is a
matter of facts and circumstances. For example,
regardless of what your release says, it usually will
not protect you in the event that you or your
employees are negligent. In addition, courts tend to
construe the text of the release against you,
interpreting any ambiguities in a manner that favors
the person suing you. The best way to protect your
business with a liability release is to have an
attorney draft a release customized for you and your
business.
A
few reasons why it’s risky to download a generic
release form from the Internet or borrow someone
else’s release form:
Here
are some examples where horse business owners have
been found liable even though the plaintiff had signed
a release. Each one of these
defects could have been prevented by having a
well-drafted release.
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Release
form was not clear enough to be enforceable
because it didn’t specify what risks were
inherent in horseback riding.
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Release
form listed the stable’s owner, but not the
business entity operating the stable.
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Release
form listed the stable, but not the trainer
giving the lesson.
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Release
form didn’t specify that it released the
stable for liability due to defects in the
stable premises.
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Equine
Legal Solutions
offers customized liability releases at a fixed,
affordable price, and liability release clauses are
part of each sale, lease, boarding and training
agreement we create.
Additional
Information:
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