24 May 2007

Do you see what I Do here?

(Dad) was just reading over the paperwork that came home
with (kid)i with regards to the release.

We have an issues with the indemnity clause they have
in the paperwork. The way it is written the owners of
the ranch are indemnified against any law suits or
expenses related to a suit or injury. What this
means is that if a rider at the ranch gets badly hurt
or there is an accident and the owners are sued, they
are protected by indemnity. So, anyone that signs
that document vows to cover the cost of any said suit
or can be sued directly by the injured party. In
essense anyone that signs this protects the owners of
the ranch.

We understand why they have this, it probably gives
them awesome insurance rates, but honestly we don't
want anything to do with that.

Being held harmless is a whole other thing and we do
not have issue with that.

I'm not sure if anyone else has brought this up?

No one else has brought this issue up. I don't
really understand what this means?
I don't really know what to do about this-it's her
standard release that everyone who rides on her property signs.

I would like you to clarify what exactly what you
mean by this part of Paragraph #2 in your email before I reply further:
"So, anyone that signs that document vows to cover
the cost of any said suit or can be sued directly by the injured

Are you saying that, for example, if the tractor ran
into so and so's horse and she got hurt, since the family
couldn't sue the ranch,
then they could bring suit against you and everyone
else who signed that release?

As far as getting a break on the insurance rates,
having a release has no bearing on the rate. I pay $1600 per year for
Liability Insurance whether I have a signed releases or not. The rate
is based on number of horses under my care and number of lessons that I

So...in your scenario the the family could indeed sue
the ranch. However, if the family wins it's the
responsibility of everyone that signed that release to
pay the judgement. So in a way it's as if they would
be suing us directly. Indemnity means that the ranch
is not liable for paying any judgements in a suit,
because the people riding at their facility have taken
on the burden.

This causes me to turn into a cat torturing pirate hillbilly in bad crochet.

I am going to Los Angeles now.


pluckyfluff said...

oh my god- you better get a rubber tractor for the ranch.

team small dog said...

Oh my god. I finally find a nice ranch and then I have to hire a lawyer. My dad used to be a lawyer and we have been trying to fax him a copy of this indemnity clause but his fax machine doesn't work. That's because he is a free lawyer that actually isn't a lawyer anymore