Horse Liability Waiver for the United Kingdom

Horse Liability Waiver Template for England and Wales

A Horse Liability Waiver is a legal document used in England and Wales that protects equine facility operators, trainers, and owners from liability for inherent risks associated with horse-related activities. It outlines the risks involved, establishes that participants understand these risks, and includes provisions for release of liability within the bounds of English law. The document must comply with the Unfair Contract Terms Act 1977 and related legislation while maintaining reasonable and enforceable terms.

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What is a Horse Liability Waiver?

The Horse Liability Waiver is essential for any business or individual in England and Wales offering equine-related activities. This document serves to protect providers while ensuring participants are fully informed of risks. It must be drafted in accordance with English law, particularly the Unfair Contract Terms Act 1977 and the Animals Act 1971. The waiver typically includes risk acknowledgment, liability release, and indemnification provisions, while maintaining enforceability through reasonable terms. It's particularly important given the inherent risks in equine activities and the strict liability provisions under the Animals Act 1971.

What sections should be included in a Horse Liability Waiver?

1. Parties: Identifies the service provider (stable, instructor, or facility) and the participant signing the waiver

2. Background: Explains the context of the equine activities and purpose of the waiver agreement

3. Definitions: Defines key terms including 'equine activities', 'inherent risks', 'negligence', and other relevant terminology

4. Acknowledgment of Risks: Comprehensive description of inherent risks in equine activities and participant's understanding of these risks

5. Waiver and Release: Core waiver language releasing the provider from liability, subject to limitations under English law

6. Indemnification: Participant's agreement to indemnify the provider against claims arising from the participant's actions

7. Governing Law: Specifies that the agreement is governed by the laws of England and Wales

What sections are optional to include in a Horse Liability Waiver?

1. Medical Authorization: Authorization for emergency medical treatment in case of accidents during equine activities

2. Photo Release: Permission to use participant's photographs for promotional or documentation purposes

3. Insurance Confirmation: Participant's confirmation of holding appropriate personal insurance coverage

4. Parent/Guardian Consent: Additional consent section for participants under 18 years of age

What schedules should be included in a Horse Liability Waiver?

1. Schedule of Activities: Detailed list of specific equine activities covered by the waiver

2. Safety Rules and Procedures: Comprehensive list of safety rules, procedures, and protocols that must be followed

3. Emergency Contact Information: Form for recording participant's emergency contact details and relevant medical information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Sector

Sales

Cost

Free to use
Industries

Unfair Contract Terms Act 1977: Primary legislation governing the enforceability of exclusion clauses and limitations of liability in contracts, particularly relevant for assessing the reasonableness of waiver terms

Consumer Rights Act 2015: Legislation protecting consumer rights and regulating unfair terms in consumer contracts, crucial when the waiver is used for consumer-facing equestrian activities

Animals Act 1971: Key legislation governing liability for damage caused by animals, including specific provisions for dangerous and non-dangerous animals

Health and Safety at Work Act 1974: Legislation setting out employer obligations for safety in workplace contexts, relevant if the waiver is used in a commercial stable or riding school

Occupiers Liability Acts 1957 and 1984: Laws defining the duty of care owed to visitors and trespassers on premises, important for stable owners and equestrian facilities

Common Law Negligence: Legal principles regarding duty of care, breach, and causation in negligence claims, fundamental to understanding liability limitations

Volenti non fit injuria: Common law doctrine regarding voluntary assumption of risk, crucial for waiver validity in dangerous activities like horse riding

Exclusion Clause Principles: Legal rules governing the incorporation and interpretation of exclusion clauses in contracts, essential for waiver effectiveness

Contractual Capacity Rules: Legal principles determining who can enter into binding contracts, particularly relevant for minors in equestrian activities

British Horse Society Guidelines: Industry standards and best practices for equestrian activities and safety in the UK

Equine Insurance Requirements: Standard requirements and expectations of liability insurance providers in the equestrian industry

UCTA Reasonableness Test: Specific legal test for assessing whether contract terms are reasonable and enforceable under the Unfair Contract Terms Act

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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