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Liability Releases for Volunteers
Q:
I want to mentor a student and use my horse for a
4-H horse project as part of the mentoring relationship.
This is a volunteer activity. What kind of release do I
need? I am a target because I am a medical student.
Thank you very much for your advice.
A:
Because
you will be working with a novice horseperson, you will
want to be particularly careful about how your liability
release is drafted.
Part of what makes a liability release
enforceable in California is clear description of the
risks that the student will be undertaking.
The release should list the typical risks
inherent in handling and riding horses (they can kick,
bite, knock you down, buck you off, etc.). If the
student will be participating in any activities that
have special risks, such as horse shows, gymkhana events
or jumping, your release should also describe the
potential risks inherent in those events.
Remember that a liability release is designed to
protect you by listing all of the possible risks, not just what is likely to happen.
Even if you think your horse would never bite or kick, your release should still
include those risks.
Most of the liability releases that ELS sees are not
likely to be enforceable
because they are not specific about what makes horses
dangerous.
When
working with students under 18 years of age, the student
as well as all parents
or guardians should sign the release.
If only one parent or guardian signs the release,
the other parents or guardians could still bring a claim
against you. Having
parents sign a release is yet another good reason why
your release should be very specific in describing risks
– the student may be familiar with the risks inherent
in handling and riding horses, but the parents may not
be, so you want to make sure they understand those
risks.
Because
liability releases typically do not
protect you in situations where you are found to be
negligent or to have engaged in willful misconduct, ELS
also highly recommends that individual horse owners
consider obtaining a horse owner’s liability policy.
Typically, these policies are very reasonably
priced and they can provide valuable protection against
horse-related claims.
See “Insurance” on Equine
Legal Solutions’ website for more information on
what individual horse owner policies typically cover and
companies that offer these policies.
For more
information about liability releases, see “Liability
Releases” on ELS'
website or contact
ELS for more information.
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