ARTICLE 1. EQUINE ACTIVITY LIABILITY.
§ 99E 1 Definitions.
As used in this Article. the term:
(1) "Engage in an equine activity" means participate in an equine activity, assist a participant in an equine activity, or assist an equine activity sponsor or equine professional. The term "engage in an equine activity" does not include being a spectator at an equine activity, except in cases in which the spectator places himself in an unauthorized area and in immediate proximity to the equine activity.
(2) "Equine" means a horse, pony. mule, donkey. or hinny.
(3) "Equine activity" means any activity involving an equine.
(4) "Equine activity sponsor" means an individual. group, club, partnership, or corporation, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity. The term includes operators and promoters of equine facilities.
(5) "Equine professional" means a person engaged for compensation in any one or more of the following:
a. Instructing a participant.
b. Renting an equine to a participant for the purpose of riding, driving, or being a passenger upon the equine.
c. Renting equipment or tack to a participant.
d. Examining or administering medical treatment to an equine.
e. Hooftrimming or placing or replacing horseshoes on an equine.
(6) "Inherent risks of equine activities" means those dangers or conditions that are an integral part of engaging in an equine activity. including any of the following:
a. The possibility of an equine behaving in ways that may result in injury. harm. or death to persons onor around them.
b. The unpredictability of an equine's reaction to such things as sounds, sudden movement, unfamiliar objects, persons, or other animals. Inherent risks of equine activities does not include a collision or accident involving a motor vehicle.
(7) "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.
$ 99E 2 Liability.
(a) Except as provided in subsection (b) of this section, an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, including a corporation or partnership. shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in subsection (b) of this section, no participant or participant's representative shall maintain an action against or recover from an equine activity sponsor, an equine professional, or any other person engaged in an equine activity for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of equine activities.
(b) Nothing in subsection (a) of this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person engaged in an equine activity if the equine activity