Equine Law Blog
We are often asked how long a waiver or release “lasts.” The answer depends on several factors, such as:
- Did the document specify that it was only intended to be valid for activities taking place on the day when it was signed?
- Does a state law supply a time limitation during which the document is valid?
Duration Limited by the Release
A few equine businesses use documents that specify that the release is only valid on the day that it was signed, which is when the activities presumably take place. But what if the signer returns the next day or the next week, and nobody asks him or her to sign a new release document? To avoid a legal battle over the scope and intent of a release, the safer approach is to make sure the document specifies that it is intended to be binding at all times, now and in the future, when the signer takes part in activities at any location.
Time Limit by Law
Some laws specify a time limitation for waivers and releases. For example, Ohio’s equine activity liability law, at Ohio Stat. § 2305.321(C)(2)(b), provides a time limitation for a waiver/release used by a “school, college, or university.” It states that waivers/releases used by these entities applies to “all equine activities in which the equine activity participant who is the subject of the waiver is involved during the twelve-month period following the execution of the waiver.”
Waivers/releases are very important documents. Make sure that yours best protects you, and have a knowledgeable lawyer review or draft it.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
