WAIVER FOR HORSE/FACILITY USE I fully understand that horseback riding and working around horses can be dangerous. I also fully understand that riding or working around horses can lead to injury or even death. Utah Law Title 78B-4-2.see below I fully understand that I am required to wear long pants, a safety helmet and boots and that all equipment must be supplied by me. I hereby hold Shawn and Ammie Lords (Southern Belle Riding) and Samuel and Cheryl Eggleston, harmless and not responsible for any injuries whatsoever that may result from my use of their horses, any animal supplied by them or my own horse while on their property. I also understand that they have taken every precaution to ensure that the animals they provide are safe for my use. However, I understand that horses are large animals that may, by nature, be easily frightened and are unpredictable, and that I am using them at my own risk. Further, I will not make any claims, now or in the future, for any injuries sustained while riding, working near horses at Southern Belle Riding, or while on trips with Southern Belle Riding. Cancelation Policy is 24 hr notice. If less then 24 hr notice I pay for half of the lesson fee. If I do not provide notice I pay the lesson fee in its entirety. Utah Law Title 78B-4-2. Limitations on Liability for Equine and Livestock Activities. Summary: This Utah section states that it is presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with these activities. Thus, an equine activity sponsor, equine professional, livestock activity sponsor, or livestock professional is not liable for an injury to or the death of a participant due to the inherent risks associated with these activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. The section also requires an equine professional to give notice to participants of the limitation of liability, either by the posting of a sign or by the execution of a written release. 78B-4-201. Definitions As used in this part: (1) “Equine” means any member of the equidae family. (2) “Equine activity” means: (a) equine shows, fairs, competitions, performances, racing, sales, or parades that involve any breeds of equines and any equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, multiple-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, hunting, endurance trail riding, and western games; (b) boarding or training equines; (c) teaching persons equestrian skills; (d) riding, inspecting, or evaluating an equine owned by another person regardless of whether the owner receives monetary or other valuable consideration; (e) riding, inspecting, or evaluating an equine by a prospective purchaser; or (f) other equine activities of any type including rides, trips, hunts, or informal or spontaneous activities sponsored by an equine activity sponsor. (3) “Equine activity sponsor” means an individual, group, governmental entity, club, partnership, or corporation, whether operating for profit or as a nonprofit entity, which sponsors, organizes, or provides facilities for an equine activity, including: (a) pony clubs, hunt clubs, riding clubs, 4-H programs, therapeutic riding programs, and public and private schools and postsecondary educational institutions that sponsor equine activities; and (b) operators, instructors, and promoters of equine facilities, stables, clubhouses, ponyride strings, fairs, and arenas. (4) “Equine professional” means a person compensated for an equine activity by: (a) instructing a participant; (b) renting to a participant an equine to ride, drive, or be a passenger upon the equine; or (c) renting equine equipment or tack to a participant. (5) “Inherent risk” with regard to equine or livestock activities means those dangers or conditions which are an integral part of equine or livestock activities, which may include: (a) the propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; (b) the unpredictability of the animal's reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (c) collisions with other animals or objects; or (d) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (6) “Livestock” means all domesticated animals used in the production of food, fiber, or livestock activities. (7) “Livestock activity” means: (a) livestock shows, fairs, competitions, performances, packing events, or parades or rodeos that involve any or all breeds of livestock; (b) using livestock to pull carts or to carry packs or other items; (c) using livestock to pull travois-type carriers during rescue or emergency situations; (d) livestock training or teaching activities or both; (e) taking livestock on public relations trips or visits to schools or nursing homes; (f) boarding livestock; (g) riding, inspecting, or evaluating any livestock belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the livestock or is permitting a prospective purchaser of the livestock to ride, inspect, or evaluate the livestock; (h) using livestock in wool production; (i) rides, trips, or other livestock activities of any type however informal or impromptu that are sponsored by a livestock activity sponsor; and (j) trimming the feet of any livestock. (8) “Livestock activity sponsor” means an individual, group, governmental entity, club, partnership, or corporation, whether operating for profit or as a nonprofit entity, which sponsors, organizes, or provides facilities for a livestock activity, including: (a) livestock clubs, 4-H programs, therapeutic riding programs, and public and private schools and postsecondary educational institutions that sponsor livestock activities; and (b) operators, instructors, and promoters of livestock facilities, stables, clubhouses, fairs, and arenas. (9) “Livestock professional” means a person compensated for a livestock activity by: (a) instructing a participant; (b) renting to a participant any livestock for the purpose of riding, driving, or being a passenger upon the livestock; or (c) renting livestock equipment or tack to a participant. (10) “Participant” means any person, whether amateur or professional, who directly engages in an equine activity or livestock activity, regardless of whether a fee has been paid to participate. (11)(a) “Person engaged in an equine or livestock activity” means a person who rides, trains, leads, drives, or works with an equine or livestock, respectively. (b) Subsection (11)(a) does not include a spectator at an equine or livestock activity or a participant at an equine or livestock activity who does not ride, train, lead, or drive an equine or any livestock. Dated: October 29, 2024
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