Equine Liability Waiver: Fill & Download for Free

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PDF Editor FAQ

Do "horse people" like to bring their horses on vacations?

Yes, many horse people like to take vacations with their horses.No, your stable doesn't have to look new as long as it is safe. Safety is more important than looks to many horse people.It is best to have doors on stalls so that the horse owner has a choice of keeping the horse in the stall or out in a paddock or pasture. (Stall = small fully enclosed area with a roof that is typically between 10x10 and 12x24; corral = outside area usually about 24x24; paddock = fenced outside area larger than a corral; pasture = much larger area with grass).Most horse people do not expect steam cleaned stalls, especially when on vacation. (Some show barns do, but they aren't your target market.) It is nice to have stalls cleaned out, but most don't mind paddocks or pastures that are not cleaned daily.Definitely build corrals or paddocks of horse-safe fencing. Corrals are often made of pipe or V-mesh fencing. Larger areas can be less expensively fenced using 2"x4" non-climb field fencing. Do NOT use barbed wire.See sizes in answer 2. If you want to keep grass growing you need a much larger area than if you just need a safe place for horses to walk around.If the horses will be kept in stalls, a round pen or paddock where they can be turned out to run around is nice to have. Safe places to tie horses are needed. Some prefer hitching rails while others like cross-ties. Horses should only be tied to something they cannot break or pull over.If you plan to be the destination, there need to be trails nearby and ideally where riders can mount up on your place and ride out. If you only want to be a layover location that isn't necessary.Based on your description, yes, I would recommend you advertise as "horse-friendly" online. You can also get listed in horse related publications such as Western Horseman. (Small classified text ads are inexpensive and they have a HUGE circulation.)Talk to your liability insurance agent about whether horse related incidents are covered. You may want to acquire what is called "Care, Custody and Control" insurance from an agent specializing in horse related businesses. See http://www.horse-insurance.com/ccc.htmlAlso post equine liability signs like these http://www.horse.com/item/equine-liability-signs/SLT700541/ (choose your state) and have your guests sign liability waivers. Your horse insurance agent could possibly guide you there, or you may need to speak with an attorney familiar with your state's laws.

If you have the proper signs posted in regards to equine related activities, do you need to have everyone sign a liability waiver?

That depends on the activity and the locality. In Australia even a liability waiver isn’t necessarily sufficient: for many things you need insurance.Check your local horse clubs.

What does disclaimer mean in law?

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk.A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.Disclaimers vary in terms of their uniformity. Some may vary depending on the specific context and parties involved, while other types of disclaimers may strictly adhere to a uniform and established set of formalities that are rarely or never modified, except under official authority. Some of these formal disclaimers are required pursuant to industry regulation, qualification for protection under a safe harbor, and other situations where the exact wording of a particular clause or document may be dispositive in the event of a legal dispute. (See e.g., Product liability, Toxicity Class, Rule against perpetuities, Public Health Cigarette Smoking Act.)The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part.TORTIn law, a disclaimer is a statement denying responsibility intended to prevent civil liability arising for particular acts or omissions. Disclaimers are frequently made to escape the effects of the torts of negligence and of occupiers' liability towards visitors. The courts may or may not give effect to the disclaimer depending on whether the law permits exclusion of liability in the particular situation and whether the acts or omissions complained of fall within the wording of the disclaimer.A disclaimer may take effect as a term of the contract between the person making the disclaimer and the person who is thereby prevented from suing. This kind of disclaimer is, for example, invariably found in the 'terms and conditions' that a software user is confronted with when first installing the software. There will often be term(s) excluding any liability for any damage that the software might cause to the rest of the user's software and hardware. By clicking "I Agree" in the dialogue box, users are agreeing to this disclaimer as matter of contract between themselves and the software company.IDisclaimer of liability for "equine professionals" (Indiana)At common law, disclaimers can also have effect as conditions of a license (i.e. permission) to enter land. An occupier of land will have certain duties to take care for the personal safety of people he or she allows onto the premises. By placing a sign at the entrance to the premises, such as "visitors enter at their own risk", the occupier may be able to stop entrants successfully suing in tort for damage or injury caused by the unsafe nature of the premises. Warnings or disclaimers contained in signs may, by a slightly different legal analysis leading to the same result, allow the person who would otherwise be responsible to rely on the defense of consent.Under UK law, the validity of disclaimers is significantly limited by the Unfair Contract Terms Act 1977. By virtue of the Act, a business cannot use a contract term or a notice to exclude or restrict its liability for negligence causing death or personal injury. In the case of other loss or damage, a disclaimer will only be effective so long as it is reasonable in all the circumstances. The common law in other nations may also place legal limits on the validity of disclaimers; for instance, the Australian Competition and Consumer Commission has previously successfully sued Target Australia for the usage of inaccessible disclaimers in advertisements (the televised advertisements in question contained disclaimers that were only shown on screen for 1.50 seconds).In the United States, disclaimers on the sale of goods are covered by Article 2 of the Uniform Commercial Code, but details vary by state. Unless considered unconscionable, disclaimers are generally enforceable as part of a contract between knowledgeable parties of comparable bargaining power, but most states do not allow a party to limit their liability for gross negligence.Patent lawMain article: Disclaimer (patent)In patent law, a disclaimer identifies, in a claim, subject-matter that is not claimed.By extension, a disclaimer may also mean the action of introduction a negative limitation in a claim, i.e. "an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding from a general feature specific embodiments or areas".The allowability of disclaimers is subject to particular conditions, which may vary widely from one jurisdiction to another.A prosecution disclaimer is another type of disclaimer in patent law. Under United States patent law a prosecution disclaimer is a statement made by a patent applicant during examination of a patent application which can limit the scope of protection provided by the resulting patent. It is one type of file-wrapper estoppel, the other being prosecution history estoppel.Estate lawIn estate or inheritance law, a disclaimer (also called disclaimer of interest) is a written document voluntarily signed by an heir to an estate in which the said heir does not accept (disclaims) the part of the estate of a deceased person which the heir is entitled to receive. The disclaimed part of the estate is then inherited not necessarily by a person of the disclaiming heir's choice, but by the next heir in line to receive that part of the estate as if the disclaiming heir were also deceased, either according to the will, beneficiary designation, or the laws of intestacy. Government tax agencies have further rules on such disclaimers. Reasons for such disclaimers may include imminent death of the disclaimant or the fact that the disclaimant already has enough wealth.LiteratureThe all persons fictitious disclaimer is a standard disclaimer used in works of fiction in an attempt to avoid liability for defamation.In the case of fan fiction, the author will usually give a disclaimer saying that the author of the fan fiction does not, in any way, profit from the story and that all creative rights to the characters belong to their original creator(s).

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