A release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. A release acts as some assurance to the person requesting the release that he/she will not be subjected to litigation resulting from the person giving the release. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature.
The Arizona Release and Waiver of Liability Given in Favor of Nonprofit Organization Regarding Allowing Minor to Ride Horses on Ranch Operated by Organization — including Assumption of all Risks of Personal Bodily Injury — Horseback Riding is a legally binding document that aims to protect both the nonprofit organization and the minor participating in horseback riding activities on the organization's ranch. This detailed description will provide an overview of the content and key points covered in the waiver. The purpose of this release and waiver is to inform parents or legal guardians of minor participants about the potential risks associated with horseback riding and to secure their agreement to assume full responsibility for any personal bodily injuries or damages that may occur as a result of participation. The release and waiver of liability includes the following key elements to ensure that all parties have a clear understanding of their rights and responsibilities: 1. Identification of Parties: The document starts by clearly identifying the nonprofit organization and the minor participant, including their legal names and relevant contact information. 2. Acknowledgment of Risks: The waiver explicitly describes the inherent risks associated with horseback riding, such as unpredictable behavior of horses, falls, kicks, or being dragged. It emphasizes that these risks cannot be fully eliminated, even with the implementation of safety measures. 3. Assumption of Risks: By signing the waiver, the parents or legal guardians acknowledge that they understand and accept the risks involved in horseback riding. They agree that they are voluntarily allowing their minor child to participate while assuming all risks and responsibilities for any injuries or damages that may occur during the activities. 4. Release of Liability: The document includes a release of liability clause wherein the parents or legal guardians agree not to hold the nonprofit organization, its employees, volunteers, or agents liable for any injuries, accidents, or damages that may occur during horseback riding activities, even if caused by negligence on the part of the organization. 5. Indemnification: The waiver states that the parents or legal guardians agree to indemnify and hold harmless the nonprofit organization from any claims, actions, lawsuits, or expenses arising from any injuries or damages caused by the minor participant during horseback riding activities. 6. Legal Validity: The release and waiver of liability emphasize that the document is legally binding and enforceable under the laws of the state of Arizona. It states that any disputes or controversies related to the document or the activities covered will be resolved through legal means. It's important to note that the exact title and content of the waiver may vary depending on the specific nonprofit organization and their ranch operations. However, the key elements mentioned above are typically included in most liability waivers for horseback riding activities involving minors. It is crucial for parents or legal guardians to carefully read and understand the release and waiver of liability before signing it. Consulting with legal counsel is also recommended ensuring compliance with local laws and to address any specific concerns or questions related to the waiver.
