A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. 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. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
North Dakota Release and Waiver of Liability Given in Favor of Owner of Stable and Owner of Horses Kept at Stable by Those Who Ride Horses Kept at Stable, including Assumption of all Risks of Personal Bodily Injury — Horseback Riding In North Dakota, individuals who engage in horseback riding activities at stables are required to sign a Release and Waiver of Liability agreement. This legal document serves to protect the stable owner and horse owner from any potential claims or lawsuits resulting from accidents, injuries, or other mishaps that may occur while riding horses. By signing this North Dakota Release and Waiver of Liability, riders explicitly assume all risks associated with horseback riding, including personal bodily injury. The following are key points covered in the agreement: 1. Express Assumption of Risk: The rider acknowledges and understands the inherent risks of horseback riding, such as falling off a horse, unpredictable behavior of horses, or collisions with objects or other riders. 2. Waiver of Liability: The rider agrees to release the stable owner and horse owner from any responsibility or liability for any injuries, damages, or losses suffered as a result of horseback riding activities, even if caused by the owner or stable's negligence. 3. Consent to Medical Treatment: In the event of an accident or injury, the rider consents to any necessary medical treatment and assumes all associated costs. 4. Indemnification: The rider agrees to indemnify and hold the stable owner and horse owner harmless to the fullest extent permitted by law, meaning the rider will compensate them for any legal fees or expenses incurred due to claims arising from horseback riding. 5. Binding Nature: The North Dakota Release and Waiver of Liability is binding upon the rider and their heirs, executors, administrators, and assigns. It's essential to note that specific stables or horse owners may utilize variations of this release and waiver agreement, tailored to their individual requirements and circumstances. These variations may include additional clauses depending on the intended use of horses, the availability of professional guides or instructors, or the inclusion of waivers for damage to personal property. Riders must carefully read and comprehend the contents of the North Dakota Release and Waiver of Liability agreement before signing it. If they have any questions or concerns, they are urged to seek legal advice to ensure they fully understand the rights and responsibilities they are assuming. Participation in horseback riding activities at stables in North Dakota is contingent upon signing this release and waiver form to safeguard the owners against potential liability claims.
