Despite this important protective legislation, ride entry forms and liability waivers provided by most national and local breed associations and/or riding disciplines ARE NOT LEGALLY COMPLIANT WITH THESE STATUTES! As explained below, the statutes restrict partiesā ability to assert claims for equine-related injuries. However, to obtain the protection of the statute, the equine professional or sponsor, including Show or Activity sponsors, must typically do two things: (1) post the warning sign which conforms to that stateās EALA statute, and (2) insert mandatory warning language in equine contracts. Equine contracts include ride or event entry forms and liability waivers! The mandatory language for these contracts and waivers varies from state to state, and the language must be specific to that state.

In speaking to local chapters of the various associations, most members believe that the forms provided by the national associations have been legally reviewed to afford maximum protection in each state where an activity is held. THIS IS NOT CORRECT. The national associations provide forms which serve as templates, but by and large rely on the state chapters to ensure full legal compliance with state law. This can be accomplished in a simple and cost effective manner:

1. Secure legal advice regarding your particular stateās EALA requirements

2. Determine if your state requires sign posting and specific contract language

3. If sign posting is required, be sure that signs are posted:

   • At ALL entrances to areas where people access equines. The test is: "Can I enter an equine area without having to pass a warning sign?" The signs are relatively inexpensive and you simply cannot purchase too many of them.

   • If your event is held outside, post the warning sign at: the event entry table, rider sign-in table, or if no better place is available, in the front windshield of the ride managerās car, or all of the above!

4. Next, if your stateās EALA statute requires specific contract language, determine a manner in which a second page can be attached to the form provided by the national association. This additional page should:

   • Identify the name, date and location of the show or event
     

   • State that the participant has read and understands the following warning,
     and insert in appropriate typeset the mandatory language required by that
     stateās EALA law;
     

   • Incorporate by reference the event entry form or other waiver provided by
     the association, and
     

   • Be separately signed and dated by the participant, signed by both parents
     if the participant is a minor, stapled to the standard entry forms, and kept
     as a permanent record in the event of an accident or later claim. RECORDS
     SHOULD BE SAVED FOR FIVE YEARS.

* Requires separate liability release with specific wording per statute

A show sponsorās failure to include this important language prevents that sponsor from receiving the protections of these important statutes!

The above identifies issues with association and event standard forms. If you are currently a national or local equine sponsor, take a minute to review the forms youāre using to ensure their statutory compliance with YOUR stateās EALA law.

© Denise E. Farris, Husch & Eppenberger, LLC, Kansas City, Missouri. (816) 421-4800; denise.farris@husch.com. (June 2003). All rights reserved. This article may not be reprinted nor reproduced in any manner without prior written permission by the author. Ms. Farris chairs the firmās Equine Law practice and has worked with national associations in effecting cost-efficient 50-state compliance with the EALA statutes.