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.
In Oklahoma, a Release and Waiver of Liability is a legal document that tenants, riders, and individuals who participate in horseback riding activities, rent property, or take riding lessons on a ranch owner's property must sign. This waiver is designed to protect the owner of the ranch from any claims or lawsuits that may arise due to personal bodily injury or property damage. By signing the Release and Waiver of Liability, individuals acknowledge and accept the inherent risks associated with horseback riding activities, including the possibility of personal bodily injury. This document ensures that the individual assumes full responsibility for any such risks and waives any rights to hold the ranch owner liable for any injuries sustained during these activities. The exact content and language of the Oklahoma Release and Waiver of Liability may vary depending on the specific circumstances. However, it typically includes the following key points: 1. Identification and Introduction: The document should clearly identify the parties involved, including the owner(s) of the ranch, tenants, riders, and anyone who rents the property or takes riding lessons on the premises. 2. Assumption of Risks: The release should outline that the individual understands and assumes all risks associated with horseback riding, including but not limited to falls, collisions, unpredictable behavior of the horse, and natural hazards on the property. 3. Waiver of Liability: The document should state that the individual willingly and voluntarily waives any right to hold the ranch owner liable for any injuries or damages resulting from participating in the activities outlined. 4. Indemnification: This section typically explains that the individual agrees to indemnify and hold the ranch owner harmless from any claims, actions, or damages arising from their participation in horseback riding activities. 5. Consent to Medical Treatment: To ensure appropriate medical care, the release may include a clause where the individual grants the ranch owner or their designated representative the authority to obtain emergency medical treatment if needed. It is important to note that while this general description provides an overview of the content commonly found in an Oklahoma Release and Waiver of Liability, specific wording and additional clauses may be added to accommodate the unique circumstances of each situation. Consulting with a legal professional or using a template designed for Oklahoma law is advisable to ensure the accuracy and validity of the waiver.
