Liability Waiver - Sweet Souls Care

PLEASE READ CAREFULLY BEFORE SIGNING. DEATH OR SERIOUS INJURY MAY RESULT FROM YOUR PARTICIPATION IN THIS ACTIVITY.

Equine Liability Act

Purdon's Pennsylvania Statutes and Consolidated Statutes Annotated Currentness. Title 4 P.S. Amusements. Chapter 13. Equine Activity.

Citation: PA ST 4 P.S. § 601 - 606

Citation: 4 P.S. § 601 - 606

Summary: These statutes comprise Pennsylvania's Equine Activity Act, which sent into effect on February 21, 2006. Under the law, liability for negligence shall only be barred where knowing voluntary assumption of risk is proven in a particular case. However, the Act provides immunity only where a sign that states, "You assume the risk of equine activities pursuant to Pennsylvania law," is conspicuously posted on the premises in two or more locations.

Statute in Full:

§ 601. Scope

This act shall apply to an individual, group, club or business entity that sponsors, organizes, conducts or provides the facilities for an equine activity as defined in this act.

CREDIT(S)

2005, Dec. 22, P.L. 472, No. 93, § 1, effective in 60 days [Feb. 21, 2006].
§ 602. Immunity

(a) Assumption of risk.--As to those within the scope of this act, liability for negligence shall only be barred where the doctrine of knowing voluntary assumption of risk is proven with respect to damages due to injuries or death to an adult participant resulting from equine activities.

(b) Equine activities.--For the purposes of this act, immunity shall apply where an equine is utilized in the following manner:

(1) Equine training, teaching, riding instruction, shows, fairs, parades, competitions or performances which involve breeds of equine participating in an activity. This paragraph shall include, but not be limited to, dressage, hunter and jumper shows, Grand Prix jumping, three-day eventing, combined training, rodeos, reining, cutting, team penning and sorting, driving, pulling, barrel racing, steeplechasing, English and Western performance riding and endurance and nonendurance trail riding. This paragraph shall also include Western games, gymkhana, hunting, packing, therapeutic riding and driving and recreational riding.

(2) Equine or rider and driver training, teaching, instruction or evaluation. This paragraph includes clinics, seminars and demonstrations.

(3) Boarding equines, including normal daily care.

(4) Breeding equines, whether by live cover or artificial insemination.

(5) Inspecting, riding or evaluating an equine belonging to another by a purchaser or agent, whether or not the owner of the equine has received anything of value for the use of the equine or is permitting a prospective purchaser or a purchaser's agent to ride, drive, inspect or evaluate the equine.

(6) Recreational rides or drives which involve riding or other activity involving the use of an equine.

(7) Placing, removing or replacing of horseshoes or the trimming of an equine's hooves.

(8) Leading, handling or grooming of an equine.

CREDIT(S)

2005, Dec. 22, P.L. 472, No. 93, § 2, effective in 60 days [Feb. 21, 2006].
§ 603. Signing

This act shall provide immunity only where signing is conspicuously posted on the premises on a sign at least three feet by two feet, in two or more locations, which states the following:

You assume the risk of equine activities pursuant to Pennsylvania law.
CREDIT(S)

2005, Dec. 22, P.L. 472, No. 93, § 3, effective in 60 days [Feb. 21, 2006].

§ 604. Equine propensity

Evidence of viciousness of the equine shall not be required before a possessor of an equine shall be subject to liability for harm.

CREDIT(S)

2005, Dec. 22, P.L. 472, No. 93, § 4, effective in 60 days [Feb. 21, 2006].

§ 605. Effect on other laws

This act shall not affect common law or any statute for the protection of the user of the equine. In no event shall this act apply to any matter involving a motor vehicle covered by 75 Pa.C.S. Ch. 17 (relating to financial responsibility) or a successor act or to any non-equine-related activity or entity.

CREDIT(S)

2005, Dec. 22, P.L. 472, No. 93, § 5, effective in 60 days [Feb. 21, 2006].

§ 606. Construction

The immunity provided for by this act shall be narrowly construed.

CREDIT(S)

2005, Dec. 22, P.L. 472, No. 93, § 6, effective in 60 days [Feb. 21, 2006].

The above information came from the website

http://www.animallaw.info/statutes/stuspast4ps601_606.htm.

Waiver/Release

I (the participate, or guardian, if participate is under 18 years of age) acknowledge that all activities around horses and other farm animals listed, such as, riding, handling and a spectator are and can be dangerous. I agree to and hereby release, Maryanne Ebner, Sweet Souls Care, all their employees and all persons connected with these activities from any responsibility for injury to me (them) as the case may be during or associated with participation in such activities. By filling out this release form, I signify that I fully understand that SIGNIFICANT & SERIOUS RISKS are involved in being in close proximity, riding horses due to their unpredictability. I also give permission to Maryanne Ebner, or Sweet Souls Care management to take necessary emergency actions in the event of an accident, and I understand that I am responsible for any costs incurred due to emergency decisions. The information written above is accurate and true to the best of my knowledge. I have also read and understand the EQUINE LIABILITY ACT and been given a copy for my records. I also agree to provide myself and wear a helmet if I am participating in riding a horse. (equestrian riding helmet, **ASTM F-1163-01/SEI certified helmets), at all times while riding.

I have read and understand the Equine Liability Act

I have read and understand the Liability Waiver

Unreadable? Regenerate

Waiver/Release Agreement Form