Liability for Clinics and Shows

Creating a liability release for your event is an important key step to protect your organization from unintended consequences.  As show and clinic attendees ourselves, we at  Equine Legal Solutions have noticed that most clinics and shows have woefully inadequate liability releases.  Here are the most common problems that we see with event liability releases.

Problem #1:  They are Written in Legalese

Liability releases are a legal document, so it doesn’t matter if you can’t understand them – right?  WRONG!  Whether a liability release is enforceable often hinges on whether the person signing the release understood and assumed the risks of participating in the event.  MOST of the releases that we have seen flunk the test of understandability – you just can’t tell what the risks are by reading the waiver.  For example, if you are hosting a jumping clinic, a good release would describe the specific risks of jumping, such as the fact that you and your horse could become injured if a fence comes down (or does not come down when it should!).

Problem #2: Not Everyone Signs Them

A lot of horse shows and clinics include a liability release as part of the entry form packet.  However, most of the time, there is no signature line for the liability release at all, or if there is, no one is keeping track of whether the liability releases have all been turned in.  Every event should be as careful about tracking liability releases as they are about tracking entry fee payments.

Problem #3: Some Injured Parties Aren’t Covered by the Release

Did you know that if one parent signs a liability release on behalf of a child, the other parent can still bring a claim?  Yes, it’s true!  The other group most commonly forgotten in the average liability release is the spectators – the exhibitor may have signed a release, but the exhibitor’s trainer, parents, friends and other spectators have not signed a release and they can bring a claim if they get kicked by a naughty pony in the warmup area, run over by a loose horse, etc.  And don’t forget the horse!  Most of the liability releases that we see are completely silent on the risks to the horse, even though he could be worth tens of thousands of dollars.

Problem #4: “We’ve Been Using the Same Form for Years Without a Problem”

In our view, quality legal work is just as much about prevention as it is about problem-solving. Lots of the form releases out there have been used year after year, even though they are most likely unenforceable.  The fact that another organization, or even a major industry association, uses a particular form does not mean that it is enforceable or that it will work for your event.  It is much more cost-effective to have a good quality liability release in place than it is to defend a negligence action.

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