HORSIN' AROUND

in compliance with state law or specific to the equine program. A court may find such generic forms unenforceable.

Get A Signature

It is important for a waiver to be signed. A signature demonstrates the person signing read and understood the agreement. Before having a person sign, ensure the person has adequate time to read the entire document.

Additionally, a person can only sign away his or her rights. It is important to have family members, guests and spectators on the property sign their own liability releases. If the participant is a minor, the minor’s parent or guardian should also sign the waiver.

Remember, a waiver is no substitute for other risk-management practices. Create and maintain safe practices to reduce the likelihood of accidents. Further, obtain proper liability coverage for all equine activities.

Finally, obtain a well-drafted waiver, and have counsel lined up to answer any questions that come up regarding using a waiver in your horse program. While it may take a little time and money to use a proper waiver, it will undoubtedly be less expensive and less time consuming than a lawsuit.

Kimbrell J. Hines is an active equestrian and an attorney with Williams Parker in Sarasota, Florida. She obtained her law degree and bachelor’s degree from the University of Florida, where she competed for the University of Florida Equestrian Team. She also has a Master of Science in Human Resource Management from the University of Tennessee. Kimbrell may be reached at khines@williamsparker.com or 941-366-4800.

This article is provided as a guide for educational purposes only. It is not intended to serve as legal advice and should not be used as a substitute for consultation with an attorney. FCM