247.4027 Warning signs and notices -- Waiver -- Effect of noncompliance --

556 words·~3 min read·/ky/247-4027

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Exclusions.

(1)Every farm animal activity sponsor and every farm animal professional shall post

and maintain signs which contain the warning notice specified in subsection

(3)of

this section. Signs shall be placed in a clearly visible location on or near stables,

corrals, or areas where the farm animal professional or the farm animal activity

sponsor conducts farm animal activities. The warning notice specified in subsection

(3)of this section shall appear on the sign in black letters, with each letter to be a

minimum of one

(1)inch in height.

(2)Every written contract entered into by a farm animal professional or by a farm

animal activity sponsor for the providing of professional services, instruction, or the

rental of equipment or tack or a farm animal to a participant, whether the contract

involves farm animal activities on or off the location or site of the farm animal

professional's or the farm animal activity sponsor's business, shall contain in clearly

readable print the warning notice specified in subsection

(3)of this section.

(a)If a participant or parent or guardian of a minor prior to participation in a farm

animal activity knowingly signs a contract containing the warning set forth in

subsection

(3)of this section, the contract shall be deemed a waiver of the

right to bring an action against the farm animal professional or farm animal

activity sponsor for any injury, damage, loss, or death arising out of any farm

animal activity. The waiver shall be binding upon the participant, except as

regards acts of negligence by a farm animal professional, a farm animal

activity sponsor, or any other person covered in KRS 247.402(2).

(b)The waiver shall remain valid unless expressly revoked in writing by the

participant or parent or guardian of a minor. In the case of school and college

sponsored classes and programs, waivers executed by a participant or parent

or guardian of a participant shall apply to all farm animal activities in which

the participant is involved in the next succeeding twelve

(12)month period

unless earlier expressly revoked in writing.

(3)The signs and contracts described in subsections

(1)and

(2)of this section shall

contain the following warning notice:

"WARNING Under Kentucky law, a farm animal activity sponsor, farm animal professional, or other person does not have the duty to eliminate all risks of injury of participation in farm animal activities. There are inherent risks of injury that you voluntarily accept if you participate in farm animal activities."

(4)Failure to comply with the requirements concerning warning signs and notices

provided in this section shall prevent a farm animal activity sponsor or farm animal

professional from invoking the provisions of KRS 247.401 to 247.4029.

(5)Nothing in KRS 247.401 to 247.4029 shall create a duty for a farm animal activity

sponsor, farm animal professional, or other person to give a warning to a participant

engaged in a farm animal activity with his own farm animal, or to a participant

whom the farm animal activity sponsor, farm animal professional, or other person knows to possess reasonable knowledge of or experience with the inherent risk of farm animal activities, or who has represented to the farm animal activity sponsor, farm animal professional, or other person that he possesses reasonable knowledge or experience with the inherent risks of farm animal activities.