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Hawaii
[§663B-1] Definitions. As used in this [chapter], unless
the context otherwise requires:
"Engages
in an equine activity" means riding, training, assisting
in medical treatment or physical therapy of, driving, or
being a passenger upon an equine, whether mounted or unmounted,
or any person assisting a participant or show management.
The term does not include being a spectator at an equine
activity, except in cases where a spectator places oneself
in an unauthorized area and in immediate proximity to the
equine activity.
"Equine"
means a horse, pony, mule, donkey, or hinny.
"Equine
activity" means:
(1)
Equine shows, fairs, competitions, performances, or parades
that involve any or all breeds of equines and any of the
equine disciplines, including, but not limited to, dressage,
hunter and jumper horse shows, grand prix jumping, three-day
events, combined training, rodeos, driving, pulling, cutting,
polo, steeplechasing, English and western performance riding,
endurance trail riding and western games, and hunting;
(2)
Equine training or teaching activities, or both;
(3)
Boarding equines;
(4)
Riding, inspecting, or evaluating an equine belonging to
another whether or not the owner has received some monetary
consideration or other thing of value for the use of the
equine or is permitting a prospective purchaser of the equine
to ride, inspect, or evaluate the equine;
(5)
Rides, trips, hunts, or other equine activities of any type
however informal or impromptu that are sponsored by an equine
activity sponsor; and
(6)
Placing or replacing horseshoes on an equine.
"Equine
activity sponsor" means an individual, group, club,
partnership, or corporation, whether or not the sponsor
is operating for profit or nonprofit, which sponsors, organizes,
or provides the facilities for, an equine activity, including,
but not limited to pony clubs, 4-H clubs, hunt clubs, riding
clubs, school and college-sponsored classes, programs, and
activities, therapeutic riding programs, and operators,
instructors, and promoters of equine facilities, including,
but not limited to stables, clubhouses, ponyride strings,
fairs, and arenas at which the activity is held.
"Equine
professional" means a person engaged for compensation
in instructing a participant or renting to a participant
an equine for the purpose of riding, driving, or being a
passenger upon the equine, or in renting equipment or tack
to a participant.
"Inherent
risks of equine activities" means those dangers or
conditions which are an integral part of equine activities,
including, but not limited to:
(1)
The propensity of an equine to behave in ways that may result
in injury, harm, or death to persons on or around them;
(2)
The unpredictability of an equine's reaction to such things
as sounds, sudden movement, and unfamiliar objects, persons,
or other animals;
(3)
Certain hazards such as surface and subsurface conditions;
(4)
Collisions with other equines or objects; and
(5)
The potential of a participant to act in a negligent manner
that may contribute to injury to the participant or others,
such as failing to maintain control over the animal or not
acting within the participant's ability.
"Participant"
means any person, whether amateur or professional, who engages
in an equine activity, whether or not a fee is paid to participate
in the equine activity. [L 1994, c 249, pt of §1]
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