THE UNITED STATES PONY CLUBS, INC.
RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
FOR USPC NON-MEMBERS
This document waives important legal rights. Read it carefully before signing.
Revised 07/2016
I AGREE for myself, and/or my child, my/our administrators and assigns, in consideration for my, and/or my child’s, participation in this United
States Pony Clubs, Inc. (USPC) activity to the following:
I AGREE that I choose to participate voluntarily in an USPC activity, as a rider, driver, handler, lessee, owner, agent, spectator, volunteer,
and/or trainer. I am fully aware and acknowledge that horse sports and USPC activities involve inherent dangerous risks of accident, loss, and
serious bodily injury including, but not limited to, broken bones, head injuries, trauma, pain, suffering or death (Harm). I fully understand
that this release covers, but is not limited to, inherent risks of an equine activity which mean a danger or condition that is an integral part of an equine
activity, including but not limited to, any of the following:
The propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine;
The unpredictability of an equines reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals;
Hazards, including, but not limited to, surface or subsurface conditions;
A collision with another equine, another animal, a person, or an object;
The potential of an individual during an equine activity to act in a negligent manner that may contribute to injury, death, or loss to the
person of the participant or to other persons, including but not limited to, failing to maintain control over an equine or failing to act
within the ability of the participant.
I Acknowledge that it is my/parent/legal guardian responsibility to ensure that I am/my child is wearing a completed wristband or armband card
at this USPC activity. I authorize USPC, it successors or assigns, officials, officers, directors, employees, agents and/or volunteers to obtain and
release to any USPC activity personnel (including, but not limited to, organizers, instructors, test examiners, chaperones), and to any first aid and
safety personnel, medical professional, and treating medical facility, any information regarding my/my child’s medical history, symptoms, treatment,
exam results and/or diagnosis contained in the wristband or armband card. Furthermore, I agree and understand that it is my/parental/legal guardian
responsibility to ensure that I/my child will not participate in any USPC mounted activities if I/my child have/has had a head injury or other medical
condition and have/has been restricted from activity, until such time as the injury or condition is resolved and any activity restriction is lifted.
I AGREE to release the USPC, its successors or assigns, officials, officers, directors, employees, agents, personnel, volunteers and affiliated
organizations from all claims including, but not limited to, claims for money or property, disability, covenants, actions, suits, causes or action,
obligations, debts, costs, expenses, attorneys fees, judgments, orders and liabilities of whatsoever kind or nature in law, equity or otherwise,
whether now known or unknown, suspected or unsuspected, and whether concealed or hidden, including but not limited to any state or federal
statutory or common law claim or remedy of any kind whatsoever arising out of or in any way connected with any Harm to me or my horse
and for any Harm caused by me or my horse to others, even if the Harm resulted,
directly or
indirectly, from the negligence of the USPC or the USPC
activity.
I AGREE to expressly assume all risks of Harm to me or my horse, including Harm resulting from the negligence of the USPC or the USPC
activity, and specifically agree to the applicable state statute/law regarding equine/farm animal activity liability and signed posting (if any),
in any state in which I or my child participates in a USPC activity. While a list of state statues and select portions of those statues believed
to be in effect at the time of the execution of this agreement is attached hereto, I AGREE to locate, review and understand the full applicable
state statutes in place in my jurisdiction.
I AGREE to indemnify (that is, to pay any losses, damages, or costs incurred by) the USPC and the USPC activity and to hold them
harmless with respect to claims for Harm to me or my horse, and for claims made by others for any Harm caused by me or my horse in the USPC
activity.
I AGREE that neither I, nor any one claiming through me, will hereafter bring, commence, prosecute or maintain, or cause or permit to
be brought, commenced, prosecuted or maintained, any suit or action, either at law or in equity, in any court in the United States or in any state
thereof, or elsewhere, against the USPC, its successors or assigns, for, on account of, arising out of, or in any way connected with any Harm to me
or my horse, and that neither I, nor any one claiming though me, will enforce, prosecute, or recover upon, or attempt to enforce, prosecute, or
recover upon, any claim or right of action whatsoever, which I, or any one claiming though me, may now have or hereafter assert, in any way
connected with claims for Harm to me or my horse, and for claims made by others for any Harms caused by me or my horse at the USPC activity.
I AGREE this Agreement is the entire agreement of the parties, and supersedes all prior oral and written understandings and agreements.
This Agreement may be modified only by a written amendment signed by both parties.
I AGREE that if any provision of the Agreement is found to be invalid or illegal by a court of competent jurisdiction, the remaining provisions
shall be construed as if the affected provision had not been included in order to effectuate the intent of the parties.
In the event this form is signed by the parent/guardian of a minor, then all representations and acknowledgements herein are expressly
made by, for, and on behalf of the parent/guardian and minor.
By signing below, I AGREE to be bound by all applicable USPC rules and all terms and provisions of the USPC activity. I acknowledge
that I enter into this release after having read the same, and place my signature hereto of my own free voluntary act and deed. By signing below,
I represent to the USPC that I fully understand its contents that I do not need any further explanation, and I waive any further explanation.
I have read and AGREE to abide be the above. REQUIRED all signatures must be originals, not photocopies.
OR __________________________________________________________________
Original Signature of Participant Date Original Signature of Applicant’s Parent(s) or Legal Guardian(s) Date
Required if applicant is of the age of majority in their state of residence. Required if applicant is under the age of majority in their state of residence.
S T A T E E Q U I N E A C T I V I T Y L I A B I L I T Y S T A T U T E S
P L E A S E R E T A I N F O R Y O U R P E R S O N A L R E C O R D S .
REVISED 07/2016
PAGE 3 OF 4
ALABAMA
AL ST §6-5-337 WARNING: Under Alabama
law, an equine activity sponsor or equine
professional is not liable for an injury to or the
death of a participant in equine activities
resulting from the inherent risks of equine
activities, pursuant to the Equine Activities
Liability Protection Act.
ALASKA
AK ST § 09.65.145; AK ST § 09.65.290
ARIZONA
AZ ST § 12-553
ARKANSAS
AR ST § 16-120-201, 202 WARNING: Under
Arkansas law, an equine activity sponsor,
livestock activity sponsor, livestock owner,
livestock facility, and livestock auction market
are not liable for an injury to or the death of
a participant in equine activities or
livestock activities resulting from the
inherent risk of equine activities or livestock
activities.
CALIFORNIA
NO KNOWN EQUINE ACTIVITY LIABILITY
STATUTE
COLORADO
CO ST § 13-21-119 WARNING: Under
Colorado Law, an equine professional is not
liable for an injury to or the death of a
participant in equine activities resulting from
the inherent risks of equine activities, pursuant
to section 13-21-119, Colorado Revised
Statutes.
CONNECTICUT
CT ST § 52-557p
DELAWARE
DE ST TI 10 § 8140 WARNING: Under
Delaware Law, an equine professional is not
liable for an injury to or the death of a
participant in equine activities resulting from
the inherent risks of equine activities, pursuant
to 10 Delaware Code § 8140.
FLORIDA
FL ST § 773.01 - 773.06 WARNING: Under
Florida law, an equine activity sponsor or
equine professional is not liable for an injury
to, or the death of, a participant in equine
activities resulting from the inherent risks of
equine activities.
GEORGIA
GA ST §§ 4-12-1 - 5 WARNING: Under
Georgia law, an equine activity sponsor or
equine professional is not liable for an injury to
or the death of a participant in equine
activities resulting from the inherent risks of
equine activities, pursuant to Chapter 12 of
Title 4 of the Official Code of Georgia
Annotated.
HAWAII
HI ST § 663B-1, B-2
IDAHO
ID ST § 6-1801 - 1802
ILLINOIS
IL ST CH 745 § 47/1 - 47/999 WARNING:
Under the Equine Activity Liability Act, each
participant who engages in an equine activity
expressly assumes the risks of engaging in and
legal responsibility for injury, loss, or damage to
person or property resulting from the risk of
equine activities.
INDIANA
IN ST 34-31-5-1 - 5 WARNING: Under Indiana
law, an equine professional is not liable for an
injury to, or the death of, a participant in equine
activities resulting from the inherent risks of
equine activities.
IOWA
IA ST § 673.1 - 673.5 WARNING: UNDER
IOWA LAW, A DOMESTICATED ANIMAL
PROFESSIONAL IS NOT LIABLE FOR DAMAGES
SUFFERED BY, AN INJURY TO, OR THE DEATH OF
A PARTICIPANT RESULTING FROM THE
INHERENT RISKS OF DOMESTICATED ANIMAL
ACTIVITIES, PURSUANT TO IOWA CODE
CHAPTER 673. YOU ARE ASSUMING INHERENT
RISKS OF PARTICIPATING IN THIS
DOMESTICATED ANIMAL ACTIVITY.
A number of inherent risks are associated with a
domesticated animal activity. A domesticated
animal may behave in a manner that results in
damages to property or an injury or death to a
person. Risks associated with the activity may
include injuries caused by bucking, biting,
stumbling, rearing, trampling, scratching,
pecking, falling, or butting.
The domesticated animal may react
unpredictably to conditions, including, but not
limited to, a sudden movement, loud noise, an
unfamiliar environment, or the introduction of
unfamiliar persons, animals, or objects.
The domesticated animal may also react in a
dangerous manner when a condition or
treatment is considered hazardous to the
welfare of the animal; a collision occurs with an
object or animal; or a participant fails to
exercise reasonable care, take adequate
precautions, or use adequate control when
engaging in a domesticated animal activity,
including failing to maintain reasonable control
of the animal or failing to act in a manner
consistent with the person's abilities.
KANSAS
KS ST § 60-4001 - 4004 WARNING:
Under Kansas law, there is no liability for an
injury to or the death of a participant in
domestic animal activities resulting from the
inherent risks of domestic animal activities,
pursuant to K.S.A. 60-4001 through 60-4004.
You are assuming the risk of participating in
this domestic animal activity.
Inherent risks of domestic animal activities
include, but shall not be limited to:
(1) The propensity of a domestic animal to
behave in ways i.e., running, bucking, biting,
kicking, shying, stumbling, rearing, falling or
stepping on, that may result in an injury, harm
or death to persons on or around them; (2) the
unpredictability of a domestic animal's reaction
to such things as sounds, sudden movement
and unfamiliar objects, persons or other
animals; (3) certain hazards such as surface and
subsurface conditions; (4) collisions with other
domestic animals or objects; and (5) the
potential of a participant to act in a negligent
manner that may contribute to injury to the
participant or others, such as failing to
maintain control over the domestic animal or
not acting within such participant's ability.
KENTUCKY
KY ST § 247.401 4029 WARNING:
Under Kentucky law, a farm animal activity
sponsor, farm animal professional, or other
person does not have the duty to eliminate all
risks of injury of participation in farm animal
activities. There are inherent risks of injury that
you voluntarily accept if you participate in farm
animal activities.
LOUISIANA
LA R.S. 9:2795.1 - 9:2795.3
WARNING: Under Louisiana law, an equine
activity sponsor or equine professional is not
liable for an injury to or the death of a
participant in equine activities resulting from
the inherent risks of equine activities, pursuant
to R.S. 9:2795.3.
MAINE
ME ST T. 7 § 4101 - 4103-A
WARNING: Under Maine law, an equine
professional has limited liability for an injury or
death resulting from the inherent risks of
equine activities.
MARYLAND
NO KNOWN EQUINE ACTIVITY LIABILITY
STATUTE
MASSACHUSETTS
MA ST 128 § 2D WARNING:
Under Massachusetts law, an equine
professional is not liable for an injury to, or the
death of, a participant in equine activities
resulting from the inherent risks of equine
activities, pursuant to section 2D of chapter
128 of the General Laws.
S T A T E E Q U I N E A C T I V I T Y L I A B I L I T Y S T A T U T E S
P L E A S E R E T A I N F O R Y O U R P E R S O N A L R E C O R D S .
REVISED 07/2016
PAGE 4 OF 4
MICHIGAN
MCLA 691.1661 - 1667 WARNING: Under
the Michigan equine activity liability act, an
equine professional is not liable for an injury to
or the death of a participant in an equine
activity resulting from an inherent risk of the
equine activity.
MINNESOTA
MN ST § 604A.12
MISSISSIPPI
MS ST § 95-11-1 - 7 WARNING: Under
Mississippi law, an equine or livestock activity
sponsor or an equine or livestock professional is
not liable for an injury to or the death of a
participant in equine activities or livestock
shows resulting from the inherent risks of
equine activities or livestock shows, pursuant to
this chapter.
MISSOURI
MO ST 537.325 WARNING: Under
Missouri law, an equine activity sponsor, an
equine professional, a livestock activity sponsor,
a livestock owner, a livestock facility, a livestock
auction market, or any employee thereof is not
liable for an injury to or the death of a participant
in equine or livestock activities resulting from the
inherent risks of equine or livestock activities
pursuant to the Revised Statutes of Missouri.
MONTANA
MT ST 27-1-725 - 728
NEBRASKA
NE ST § 25-21,249 - 253 WARNING:
Under Nebraska law, an equine professional is not
liable for an injury to or the death of a participant
in equine activities resulting from the inherent
risks of equine activities, pursuant to sections
25-21,249 to 25-21,253.
NEVADA
NO KNOWN EQUINE ACTIVITY LIABILITY
STATUTE
NEW HAMPSHIRE
NH Rev. Stat. § 508:19
NEW MEXICO
NMSA 1978, § 42-13-1 5
NEW JERSEY
NJ ST 5:15-1 to 5:15-1 12 WARNING: UNDER
NEW JERSEY LAW, AN EQUESTRIAN AREA
OPERATOR IS NOT LIABLE FOR AN INJURY TO
OR THE DEATH OF A PARTICIPANT IN EQUINE
ANIMAL ACTIVITIES RESULTING FROM THE
INHERENT RISKS OF EQUINE ANIMAL
ACTIVITIES, PURSUANT TO P.L.1997, c.287
(C.5:15-1 et seq).
NEW YORK
NO KNOWN EQUINE ACTIVITY LIABILITY
STATUTE
NORTH CAROLINA
NC ST § 99E-1 - 99E-9 WARNING: Under
North Carolina law, an equine activity
sponsor or equine professional is not liable for an
injury to or the death of a participant in equine
activities resulting exclusively from the inherent
risks of equine activities. Chapter 99E of the
North Carolina General Statutes.
NORTH DAKOTA
ND ST 53-10-01; ND ST 53-10-02
OHIO
OH ST § 2305.321
OKLAHOMA
76 OK St. Ann. § 50.1 - 50.4
OREGON
ORS § 30.687 697
PENNSYLVANIA
PA ST 4 P.S. § 601 606
RHODE ISLAND
RI ST § 4-21-1 4 WARNING: Under Rhode
Island Law, an equine professional, unless he or
she can be shown to have failed to be in the
exercise of due care, is not liable for an injury to,
or the death of, a participant in equine activities
resulting from the inherent risks of equine
activities, pursuant to this chapter.
SOUTH CAROLINA
SC Code 1976 § 47-9-710 - 730 WARNING:
Under South Carolina law, an equine activity
sponsor or equine professional is not liable for an
injury to or the death of a participant in an
equine activity resulting from an inherent risk of
equine activity, pursuant to Article 7, Chapter 9 of
Title 47, Code of Laws of South Carolina, 1976.
SOUTH DAKOTA
SDCL § 42-11-1 - 5 WARNING: Under South
Dakota law, an equine professional is not liable for
an injury to or the death of a participant in equine
activities resulting from the inherent risks of
equine activities, pursuant to § 42-11- 2.
TENNESSEE
TCA § 44-20-101 - 105 WARNING: Under
Tennessee Law, an equine professional is not liable
for an injury to or the death of a participant in
equine activities resulting from the inherent risks
of equine activities, pursuant to Tennessee Code
Annotated, title 44 chapter 20.
TEXAS
VTCA CIV PRAC & REM CODE § 87.001 -
005 WARNING: UNDER TEXAS LAW (CHAPTER
87, CIVIL PRACTICE AND REMEDIES CODE), A
FARM ANIMAL PROFESSIONAL IS NOT LIABLE
FOR AN INJURY TO OR THE DEATH OF A
PARTICIPANT IN FARM ANIMAL ACTIVITIES
RESULTING FROM THE INHERENT RISKS OF
FARM ANIMAL ACTIVITIES. WARNING: UNDER
TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND
REMEDIES CODE), A LIVESTOCK SHOW SPONSOR
IS NOT LIABLE FOR AN INJURY TO OR THE DEATH
OF A PARTICIPANT IN A LIVESTOCK SHOW
RESULTING FROM THE INHERENT RISKS OF
LIVESTOCK SHOW ACTIVITIES.
UTAH
UT ST § 78B-4-201 203 An equine or
livestock activity sponsor is not liable for
inherent risks with regard to equine or livestock
activities. Inherent risk with regard to equine
or livestock activities means those dangers or
conditions which are an integral part of equine
or livestock activities, which may include: (a) the
propensity of the animal to behave in ways that
may result in injury, harm, or death to persons
on or around them; (b) the unpredictability of
the animal's reaction to outside stimulation such
as sounds, sudden movement, and unfamiliar
objects, persons, or other animals; (c) collisions
with other animals or objects; or (d) the
potential of a participant to act in a negligent
manner that may contribute to injury to the
participant or others, such as failing to maintain
control over the animal or not acting within his
or her ability.
VERMONT
12 VSA § 1039 WARNING: Under Vermont
Law, an equine activity sponsor is not liable for
an injury to, or the death of, a participant in
equine activities resulting from the inherent
risks of equine activities that are obvious and
necessary, pursuant to 12 V.S.A § 1039.
VIRGINIA
VA ST § 3.2-6200 6302
WASHINGTON
RC WA 4.24.530 - 540
WEST VIRGINIA
W.Va. CODE § 20-4-1 7
WISCONSIN
WSA 895.481 NOTICE: A person who is
engaged for compensation in the rental of
equines or equine equipment or tack or in
the instruction of a person in the riding or
driving of an equine or in being a passenger
upon an equine is not liable for the injury or
death of a person involved in equine activities
resulting from the inherent risks of equine
activities, as defined in section 895.481(1)(e)
of the Wisconsin Statutes.
WYOMING
WY ST § 1-1-122 123