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Montana Hauling Release and Waiver - Horse Equine Forms

Montana Hauling Release and Waiver - Horse Equine Forms

Category:

Animals - Horses

State:

Montana

Control #:

MT-04-06

Format:

Instant download

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Description

This Hauling Release and Waiver Horse Equine Form is a hauling release and waiver used in the situation where a horse owner agrees to allow another person to transport, haul and/or trailer a horse to horse shows, equestrian events, rodeos, sales and other events. It includes the agreement to waive and disclaim all liabilities to the hauler in connection with injury or death to the horse.

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Key Concepts & Definitions

Hauling Release and Waiver Horse Equine Forms are legal documents used by equine transportation service providers and horse owners. These forms outline the responsibilities and liabilities of each party involved in the transportation of horses. They typically include clauses related to the risk of loss, injury, or death of horses during transport, and aim to protect service providers from legal claims while ensuring owners acknowledge the inherent risks involved.

Step-by-Step Guide

Determine the Need: Assess whether you need a hauling release form, typically required when transporting horses over long distances or between states.
Consult Legal Expertise: Work with a lawyer experienced in equine law to draft or review your form to ensure compliance with both federal and state regulations.
Include Necessary Details: Ensure the form includes details such as the horse's identity, transportation conditions, emergency contact information, and specific waivers for known risks.
Review and Approve: Both the horse owner and the service provider should review the form in detail, possibly making necessary adjustments, before signing.
Keep Records: Maintain a copy of the signed document in both digital and physical formats for record-keeping and future reference.

Risk Analysis

Legal Liability: Without a properly executed hauling release, transportation service providers could face significant legal liability for any incidents arising during transport.
Financial Risk: Accidents or incidents without proper waivers in place could result in substantial financial losses due to litigation.
Reputation: Poorly managed equine transportation can harm the reputation of service providers, affecting their business viability.
Compliance Issues: Non-compliance with specific state or federal regulations could lead to fines or operational restrictions.

Best Practices

Regular Updates: Regularly update release forms to comply with new laws or changes in the industry standards.
Clear Communication: Clearly communicate the terms and conditions of the waiver to the horse owner and make sure they understand before signing.
Professional Review: Involve legal professionals or equine law experts in the drafting and review process of any equine-related legal documents.

Common Mistakes & How to Avoid Them

Vague Language: Avoid using unclear or ambiguous terms that could be open to interpretation in court.
Failing to Specify Risks: Be explicit about the risks associated with equine transportation in the form. General clauses may not fully cover specific incidents.
Lack of Witness: Ensure that all agreements are signed in the presence of a non-biased third-party witness to increase the form's enforceability.

How to fill out Montana Hauling Release And Waiver - Horse Equine Forms?

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Hauling Release and Waiver - Horse Equine Forms

Montana Equine Activity Statutes

27-1-725

Purpose.

The purpose of 27-1-725 through 27-1-727 is to assist courts and juries in defining the circumstances under which persons responsible for equines may be found liable for damages to persons harmed in the course of equine activities. It is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in equine activities. It is the policy of the state of Montana that an equine activity sponsor or equine professional who is negligent and causes foreseeable injury to a participant bears responsibility for that injury in accordance with other applicable law.

27-1-726

Definitions. As used in 27-1-725 through 27-1-727, the following definitions apply:

(1) "Engage in an equine activity" means to ride, train, drive, or be a passenger upon an equine, whether mounted or unmounted, or to assist a participant, equine activity sponsor, or equine professional. The phrase does not mean activity by a spectator at an equine activity, unless the spectator is improperly in an unauthorized area in immediate proximity to an equine activity.

(2) "Equine" means a horse, pony, mule, donkey, or hinny.

(3) "Equine activity" means: (a) equine shows, fairs, competitions, performances, or parades that involve any breed of equines and any of the equine disciplines, including but not limited to dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;

(b) equine training or teaching activities;

(c) boarding equines;

(d) riding, inspecting, grooming, or evaluating an equine belonging to another, whether or not the owner has received monetary consideration or another thing of value for the use of the equine or permits a prospective purchaser of the equine to ride, inspect, groom, or evaluate the equine;

(e) rides, trips, hunts, pack trips, or other equine activities of any type, however informal, that are sponsored by an equine activity sponsor; and

(f) providing veterinarian or farrier services. (4) "Equine activity sponsor" means an individual, group, club, partnership, corporation, or other entity, whether operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for an equine activity. The phrase includes but is not limited to pony clubs; 4-H clubs; hunt clubs; riding clubs; riding classes and programs; therapeutic riding programs; operators, instructors, and promoters of equine facilities; stables; clubhouses; pony ride strings; farms; ranches; and arenas.

(5) "Equine professional" means a person engaged for compensation in: (a) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine;

(b) selling or renting equipment or tack to a participant; or

(c) providing veterinary or farrier services. (6) "Participant" means a person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

(7) "Risks inherent in equine activities" means dangers or conditions that are an integral part of equine activities, including but not limited to: (a) the propensity of an equine to behave in ways that may result in injury or harm to or the death of persons on or around the equine;

(b) the unpredictability of an equine's reaction to such things as medication; sounds; sudden movement; and unfamiliar objects, persons, or other animals;

(c) hazards, such as surface and subsurface ground conditions;

(d) collisions with other equines or objects; or

(e) the potential of another participant to not maintain control over the equine or to not act within the person's ability. 27-1-727

Equine activity liability limitations.

(1) Except as provided in subsections (2) and (3), an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant engaged in an equine activity resulting from risks inherent in equine activities.

(2) An equine participant shall act in a safe and responsible manner at all times to avoid injury to the participant and others and to be aware of risks inherent in equine activities.

(3) Subsection (1) does not apply: (a) if the equine activity sponsor or the equine professional: (i) provided the equipment or tack and the equipment or tack caused the injury because the equine activity sponsor or equine professional failed to reasonably and prudently inspect or maintain the equipment;

(ii) provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to safely engage in the equine activity and the participant's ability to safely manage the particular equine based on the participant's representations as to the participant's ability;

(iii) owned, leased, rented, or otherwise was in lawful possession and control of the land or facilities upon which the participant sustained injuries caused by a dangerous latent condition that was known or should have been known to the equine activity sponsor or the equine professional;

(iv) committed an act or omission that constituted willful or wanton disregard for the safety of the participant and the act or omission caused the injury; or

(v) intentionally injured the participant; or (b) in a products liability action. 27-1-728

Mule and horseracing -- exception.

Sections 27-1-725 through 27-1-727 do not apply to the horseracing and mule racing industry as regulated in Title 23, chapter 4.

Hauling Release and Waiver - Horse Equine Forms

Montana Equine Activity Statutes

27-1-725

Purpose.

27-1-726

Definitions. As used in 27-1-725 through 27-1-727, the following definitions apply:

(2) "Equine" means a horse, pony, mule, donkey, or hinny.

(b) equine training or teaching activities;

(c) boarding equines;

(e) rides, trips, hunts, pack trips, or other equine activities of any type, however informal, that are sponsored by an equine activity sponsor; and

(b) selling or renting equipment or tack to a participant; or

(b) the unpredictability of an equine's reaction to such things as medication; sounds; sudden movement; and unfamiliar objects, persons, or other animals;

(c) hazards, such as surface and subsurface ground conditions;

(d) collisions with other equines or objects; or

(e) the potential of another participant to not maintain control over the equine or to not act within the person's ability. 27-1-727

Equine activity liability limitations.

(2) An equine participant shall act in a safe and responsible manner at all times to avoid injury to the participant and others and to be aware of risks inherent in equine activities.

(iv) committed an act or omission that constituted willful or wanton disregard for the safety of the participant and the act or omission caused the injury; or

(v) intentionally injured the participant; or (b) in a products liability action. 27-1-728

Mule and horseracing -- exception.

Sections 27-1-725 through 27-1-727 do not apply to the horseracing and mule racing industry as regulated in Title 23, chapter 4.

Montana Hauling Release and Waiver - Horse Equine Forms

Description

Related forms

Viewed forms

Key Concepts & Definitions

Step-by-Step Guide

Risk Analysis

Best Practices

Common Mistakes & How to Avoid Them

How to fill out Montana Hauling Release And Waiver - Horse Equine Forms?

Form popularity

Trusted and secure by over 3 million people of the world’s leading companies