60-4004. Posting warning notices, specifications; contract language requirements.
60-4004
60-4004. Posting warning notices, specifications;contract language requirements.(a) Every domestic animal professional shall post and maintain signs whichcontain the warning notice specified in subsection (b).Such signs shall be placed in a clearly visible location on or near stables,corrals, boarding areas, or arenas where the professional conductsdomestic animal activities if such stables, corrals, boarding areas or arenasare owned,managed or controlled by the equine professional. The warning notice specifiedin subsection (b) shall appear on the sign in black letters,with each letter to be a minimum of one inch in height. Every written contractentered into by a domestic animal professional for the providing ofprofessionalservices, instruction or the rental of equipment or tack or a domestic animalto aparticipant, whether or not the contract involves domestic animal activities onor off the location or site of the domestic animal professional's business,shall contain in clearly readable print the warning notice and languagespecified in subsections (b) and (c).
(b) The signs and contracts described in subsection (a)shall contain the following warning notice:
Under Kansas law, there is no liability for an injury to or the death of aparticipant in domestic animal activities resulting from the inherent risks ofdomestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. Youare assuming the risk of participating in this domestic animal activity.
(c) The contracts described in subsection (a) shall contain the followinglanguage:
Inherent risks of domestic animal activities include, but shall not be limitedto:
(1) The propensity of a domestic animal to behave in ways i.e., running,bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on,that may result in an injury, harm or death to persons on or around them;
(2) the unpredictability of a domestic animal's reaction to such things assounds, sudden movement and unfamiliar objects, persons or other animals;
(3) certain hazards such as surface and subsurface conditions;
(4) collisions with other domestic animals or objects; and
(5) the potential of a participant to act in a negligent manner that maycontribute to injury to the participant or others, such as failing to maintaincontrol over the domestic animal or not acting within such participant'sability.
History: L. 1994, ch. 290, § 4; July 1.