Free Hawaii Equine Liability Waiver Template

EQUINE ACTIVITY LIABILITY RELEASE AND WAIVER Stable / Sponsor: [BARN OR STABLE NAME] ("the Stable") Address: [BARN ADDRESS] Participant: [PARTICIPANT FULL NAME] Participant date of birth: [DOB] Parent/Guardian (if participant is a minor): [PARENT/GUARDIAN NAME] 1. ACKNOWLEDGMENT OF INHERENT RISK. I understand that equine activities are inherently dangerous. Risks include, without limitation: the propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around it; the unpredictability of an equine's reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; hazards such as surface and subsurface conditions; collisions with other equines or objects; and the potential of a participant to act in a negligent manner, fail to maintain control of the equine, or fail to act within the participant's ability. 2. VOLUNTARY ASSUMPTION OF RISK. I voluntarily choose to participate in equine activities at the Stable, including riding, handling, grooming, lessons, boarding-related activity, and being present on the premises, and I knowingly and freely assume all such risks, both known and unknown, even if arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by the law of Hawaii. 3. RELEASE AND WAIVER. In consideration of being permitted to participate, I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release, waive, and discharge the Stable, its owners, officers, employees, instructors, trainers, volunteers, agents, and landowners (the "Released Parties") from any and all claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by me or my property while participating in equine activities or while on the premises, to the fullest extent permitted by law. This release does not extend to acts of gross negligence, or willful or wanton misconduct, where prohibited by law. 4. INDEMNIFICATION. I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or cost (including reasonable attorney fees) they may incur arising from my participation in equine activities, except to the extent caused by the Released Parties' gross negligence or willful misconduct. 5. MEDICAL AUTHORIZATION. I authorize the Stable to secure emergency medical treatment for me (or my minor child) if I cannot be reached, and I accept financial responsibility for such treatment. Emergency contact: [NAME / PHONE] Known allergies or medical conditions: [LIST OR "NONE"] 6. HELMET NOTICE. I understand that protective headgear meeting ASTM/SEI standards is strongly recommended (and may be required by the Stable or by law for minors), and that choosing not to wear a helmet increases the risk of serious injury or death. Helmet policy acknowledgment (initial): ______ 7. PHOTO/MEDIA RELEASE (OPTIONAL). I grant / do not grant (circle one) the Stable permission to use photographs or video of me (or my minor child) taken during ordinary activities for the Stable's promotional purposes, without compensation. STATE LAW NOTICE — HAWAII Hawaii has no equine activity liability statute. Unlike the 45+ states that enacted model equine-activity legislation, Hawaii never adopted a comparable law. Liability protection depends entirely on common-law assumption-of-risk and a well-drafted written release. Hawaii courts have voided broad exculpatory clauses in some contexts (see Fujimoto v. Au, 95 Haw. 116), so attorney review is strongly advisable. HRS § 663-1.56 limits landowner liability for recreational use but does not provide equine-specific immunity. 8. SEVERABILITY. If any provision of this agreement is held invalid, the remaining provisions shall continue in full force and effect. 9. GOVERNING LAW. This agreement is governed by the laws of the State of Hawaii, and any dispute shall be resolved in the courts of [COUNTY], Hawaii. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I SIGN IT FREELY AND VOLUNTARILY. Participant signature: ______________________ Date: __________ Printed name: ______________________ Parent/Guardian signature (if participant is under 18): ______________________ Date: __________ Printed name: ______________________