Sport Waiver Risk Fitness Law

Julie I. Fershtman, Attorney at Law gives accurate answers to some important questions about waivers.
Dear Readers:
A few years ago, a major equine magazine interviewed me on the topic of releases of liability (sometimes called “waivers”) that are used in equine-related activities. I have long said that liability waivers and releases are, in my opinion, the most misunderstood documents in the equine industry. To explain this further, I am re-printing a portion of my interview in this article.
Question: Why do some people believe releases and waivers are not worth the
paper they’re …

This article was written by Julie I. Fershtman, Attorney at Law (www.equinelaw.net). She offers expert comment on a timely question regarding liability waivers.
Dear Ms. Fershtman:
My friend gave me some form liability releases and boarding contracts. Will they hold up?
– K.B. (No state specified)
My office receives inquiries like this often. Since many people in the horse industry still buy, sell, board, train, lease, or breed horses with nothing in writing, it is always commendable when people at least recognize the importance of using written contracts. In difficult economic times, however, …

One of the most common reasons that a waiver fails when challenged in court is that it violates the public policy of the state. Often readers are puzzled by the term “public policy” and ask, “Just what is public policy?” This concept is quite broad and is not easily defined or explained.
Black’s Law Dictionary states that public policy is “… that general and well-settled public opinion relating to man’s plain, palpable duty to his fellowmen, having due regard to all circumstances of each particular relation and situation.” One court defined …