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November 2008


AERC PRESIDENT'S MESSAGE
Member liability release for 2009

By Mike Maul, AERC President

Almost every equine organization has a release as a part of the membership procedure except for AERC. The United States Equestrian Federation, the U.S. Dressage Federation, the Arabian Horse Association, and the American Quarter Horse Association are among those that have a membership release either directly in the membership application or in the rules which a member agrees to abide by when joining the organization.

At present, for AERC members, the only time a release is signed is when a member enters a ride and that's primarily for the ride manager's and landowner's benefit.

In a time when liability has intruded into our daily lives more than it has in the past, it was felt that AERC should adopt a release similar to other equine organizations.

John Parke wrote several versions which have been discussed at length by the Rules Committee and the AERC Board of Directors. John's version is simpler and more readable than most of the other organizations' releases. Following is the version that the BoD has approved.

As an AERC member, I realize that I can help the AERC be an effective organization and achieve its purposes by releasing information and rights as follows:

1. Liability Release: I understand that endurance is an inherently dangerous sport which can result in serious injury or death to my horse or to me. I know that I have primary responsibility for what happens to me and my horse. I agree not to make any claims against or sue the AERC for any losses or damages for bodily injury, death or property damage for me or my horse negligently caused by the AERC.

2. Publicity Release: I authorize the AERC to use photographs of me and my horse and otherwise refer to me or my horse in articles and advertisements for the purpose of reporting on or promoting the AERC and the sport of endurance riding.

3. Veterinary Records: If my horse is injured or dies at an endurance ride or in relation to an endurance ride, I authorize the AERC to interview the veterinarian who treated my horse, to inspect relevant veterinary records, and publish a report for educational purposes.

4. This AERC Assumption of Risk and Release is governed by the Laws of the State of California and is intended to be interpreted as broadly as possible. I agree that exclusive jurisdiction and venue (place) for any legal action against AERC, its officers, directors, employees, volunteers or agents shall be in the local district courts or the federal court of the State of California. If any part of this agreement is determined to be unenforceable, all other parts shall remain effect.

Parts 2, 3, and 4 are fairly straightforward. Part 2 enables AERC to use photos of members in promoting AERC but does not enable use without permission of a professional who might have taken the photo. Part 3 enables AERC to gather information on injuries and fatalities for educational purposes and to improve the safety of horses in our sport. Part 4 states that if legal proceedings are brought against AERC, it must happen in the state of our incorporation.

Part 1 is always found in releases and is intended to protect the organization from all but gross negligence. It states something that we all knowÑriding and being around horses can be dangerous.

The release will be a part of our membership application, both on paper and online. For family memberships, the principal member will be covered by the application. A paper form will be mailed to the other family members for signature and return to AERC where they will be kept on file.

The release will start with the 2009 renewal season and be phased in over time as members join. Our society has changed a lot since AERC started in the 1970s. We had something like 10 simple rules back then. Liability and legal issues were not the problem that they can be today. Having a membership release aligns AERC with the policies of most other equine organizations.

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