AmRisk Insurance Reference Library

A Guide To Equine Releases & Waivers

Maintaining a commercial equine liability policy is crucial, but it’s equally important to use a well-written and properly executed liability release to protect yourself and your business. Most states enforce liability waivers and releases if they are properly worded, executed, and comply with state law and equine statutes.

Even if a release doesn’t lead to the dismissal of a lawsuit, it can serve as a powerful defense in litigation. Never use a generic release without customizing it to your unique operations and exposures. It’s always advisable to consult with your attorney. The state(s) in which you operate will determine the form and content of your agreements and releases, but there are many common characteristics found in effective forms. Failure to apply these tests to your release could weaken it or render it useless in court. Almost all equine facilities now use some form of liability release with clients and visitors.

As a general rule, the consequences of most accidents will fall upon the injured person, and only in extraordinary circumstances can those consequences be shifted to another. If an injury is the fault of the rider or a simple accident where nobody is negligent, the injured person must suffer the financial consequences alone. If an injury is wholly or partly the fault of a third party such as a stable operator, trainer or event promoter then the injured person can sue for compensation. The grounds for the suit may include failure to enforce safety rules, teaching a lesson in an unsafe environment, or using a lesson horse with known unsafe habits. This is when a well-written liability release and waiver is essential.

Here’s a real-life example of a claim: A venue rents its facility to an event promoter for a one-day event. As part of the rental agreement, the promoter is required to name the venue as an additional insured in their policy. During the event, a set of wooden bleachers collapsed under the weight of the spectators, leading to a bodily injury claim against the venue and promoter. Initially, the promoter’s insurance company accepted service for both parties and investigated the claim. However, they later determined that the venue was solely at fault and declined the claim on the behalf of their insured. This situation highlights the importance of understanding the legal implications of an additional insured endorsement. It’s crucial to seek advice from an insurance professional or legal counsel before entering into such contracts.

Liability Release Facts and Guidelines

State Equine Statutes– As of July 2024, 48 states have an equine statute offering some degree of protection to the equine professional or facility. These statutes can vary dramatically between states with several requiring the use of specific language in a release or even the posting of signs on the equine premises. Failure to comply with these statutory requirements will eliminate any protection you hope to receive under the law. A list of equine statutes and requirements can be found at http://americanequestrian.com/equinelaws.htm.
Document Clarity & Readability– A release or equine agreement must be clearly written with key language clearly highlighted. The document should be printed in a reasonable type face as documents have been disallowed in court when the type size was too small or key language was buried in a large document.
Document Form & Title – The document should be clearly titled in large type so the client knows exactly what they are being asked to sign. Use terminology such as LIABILITY WAIVER & RELEASE or specific to the activity such as BOARDING & TRAINING AGREEMENT AND LIABILITY RELEASE.
Specify Parties Released From Liability – Be certain to name all parties being released from liability in the agreement. If a party is not named they will probably not gain any protection in court. It is not always possible to name every party to a contract so agreements will often describe additional releases as “employees, agents, members, managers, officers, directors and related persons or facilities”. Organizations should also consider including “affiliated persons, volunteers, sponsors and groups”.
Recitation of Risks – Fully executed liability releases have been disallowed in court because the hazards the plaintiff faced were not spelled out in the release. Plaintiffs have maintained that they either had no prior knowledge of the risk or the provider did not intend to be released from that exposure. Including a bullet list of potential equine hazards such as bucking, running, biting, kicking, rolling or being stepped on clarifies the hazards involved with horses. Many state equine statutes already include examples of these inherent riding risks.
Clearly Identify Signers & Releasees – Make certain that the agreement clearly identifies who is signing the release and who the release affects. Include the signer’s full name, address and telephone number. If the Releasee is signing on the behalf of himself and his minor child (under 18) specify that the release also pertains to legal wards, heirs, representatives and assignees. Make sure that the person signing the release has the legal right to sign on the behalf of the minor. It is also desirable to have a parent indemnify the equine professional as not all minor releases are legally binding in court and a minor could sue when reaching the age of 18.
Use The Word “Negligence” – In many states a release can include a clause that the customer, guest or visitor is releasing the Insured and related parties from liability from the consequences of ordinary negligence. In California this is an absolute necessity for the agreement to be enforceable. In most states, a release that attempts to relieve a provider from liability for gross negligence, willful and wanton misconduct or intentional acts will not be enforced for those claims.
Do Not Use Signup Sheets – Courts have consistently disallowed the use of signup sheets as liability waivers. They are unenforceable as the plaintiff can claim they did not have an opportunity to fully read and understand the document. This is one of those documents that is truly “not worth the paper it is written on”.
Document Dates – Be certain that the document clearly indicates when it was executed, when it will take effect and how long it will remain in force. Some equine activities in schools and universities require a new release to be executed every year to remain in force.

Spectator Liability

Spectator liability exposures are the most difficult to control and defend against. It is not usually considered reasonable or practical to request a liability release from every event spectator. The best defense option is a good risk management program with clear safety guidelines and signage that are strictly enforced.

A spectator that becomes injured during the course of a sporting event will generally commence an action against the occupier of the facility where the sporting event was held. Occasionally, the action will include the individual participant, team, league, or others that may be appropriate in the circumstances.

The injured spectator as plaintiff has the burden of proving that the occupier was negligent. For an action to succeed, the plaintiff must prove the following elements:

that the defendant was the occupier of the property were the incident occurred;
that the defendant breached his duty of care owed to the plaintiff;
that the breach caused the injuries that the plaintiff sustained; and,
that the plaintiff suffered injury or damage.

The plaintiff must prove that the defendant, as event promoter or occupier of the premises, breached it’s standard of care in the given case. The standard is one of reasonableness and prudent, not perfection. The occupier is not automatically liable by virtue of the fact that someone was on it’s premises and sustained injuries.

The operator of a sporting event or facility is under a duty to exercise reasonable care in organizing and supervising the event to ensure that both participants and spectators are reasonably safe. The occupier of the premises or the operator of the event or facility thus has a statutory duty towards spectators that enter the premises.

Spectators at sporting events generally accept the ordinary risks associated with attending a given event. Nonetheless, if a spectator that is injured at an event can prove that the occupier failed to exercise reasonable care to ensure the premises were safe, then the injured spectator may succeed in proving that the occupier was negligent in the circumstances.

Athletic Participants

Commercial general liability (“CGL”) policies provide the broadest coverage available to entertainment and sports businesses for liabilities involving bodily injury and property damage. Typically, insurance most insurance policies contain an exclusion for “Participants in Athletic or Entertainment Events”. Courts have interpreted these exclusions as barring coverage for injuries sustained by athletes and performers during athletic competition or other live events.

Even though courts have applied these exclusions to injuries sustained by participants of athletic or entertainment events, the general rules of policy interpretation require courts to construe all ambiguities in an insured’s favor. Therefore, when the injured party is not clearly a “participant” in an athletic or entertainment event, a number of courts have found the exclusion inapplicable.

Some specialty insurance companies will offer participant liability coverage for an additional premium and usually require a separate Accident Medical Policy. Accident Medical coverage pays for the medical bills of an injured participant or staff member * incurred while participating in sponsored activities.

Equine Liability Releases Alone Aren’t Enough:

Liability releases discourage people from suing in the first place and help prevent them from winning if they do so. But liability releases don’t pay for the cost of defending against a lawsuit or the cost of a legal judgment against you. Therefore, in addition to liability releases, equine businesses absolutely need comprehensive liability insurance, which does serve these purposes.

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