§ 1039. Equine activities; acceptance of inherent risks
(a) As used in this section:
(1) “Equine” means a horse, pony, mule, or donkey.
(2) “Equine activity” includes:
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all
breeds of equines and any of the equine disciplines, including dressage, hunter and
jumper horse shows, Grand Prix jumping, three-day events, combined training, rodeos,
riding, driving, pulling, cutting, polo, steeplechasing, English and western performance
riding, endurance trail riding, gymkhana games, and hunting;
(B) Equine training or teaching activities, or both;
(C) Rides, trips, or hunts.
(3) “Equine activity sponsor” means an individual, group, club, organized camp, club,
partnership, or corporation, whether or not the sponsor is operating for profit or
nonprofit, which sponsors, organizes, or provides the facilities for an equine activity,
including pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college-sponsored
classes, programs, and activities; therapeutic riding programs; stable and farm owners
and operators, instructors, and promoters; or equine facilities, including farms,
stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is
held.
(4) “Participant” means any person, whether amateur or professional, who engages in an
equine activity, whether or not a fee or other consideration is paid to participate
in the equine activity.
(b) No person shall be liable for an injury to, or the death of, a participant resulting
from the inherent risks of equine activities, insofar as those risks are necessary
to the equine activity and obvious to the person injured.
(c)(1) An equine activity sponsor may post and maintain signs which contain the warning notice
specified in this subsection. Such signs shall be placed in a clearly visible location
in the proximity of the equine activity. The warning notice shall appear on the sign
in black letters, with each letter to be a minimum of one inch in height.
(2) Every written contract entered into by an equine activity sponsor for the providing
of professional services, instruction, or the rental of equipment or tack or an equine
to a participant, whether or not the contract involves equine activities on or off
the location or site of the equine professional’s business, may contain in clearly
readable print the warning notice.
(3) The signs and contracts described in this subsection shall contain the following warning
notice:
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. (Added 1995, No. 136 (Adj. Sess.), § 2.)