Terms Used In Virginia Code > Title 3.2 > Subtitle V > Chapter 62 - Equine Activity Liability

• Acknowledgment: means a notarial act in which an individual at a single time and place (i) appears in person before the notary and presents a document; (ii) is personally known to the notary or identified by the notary through satisfactory evidence of identity; and (iii) indicates to the notary that the signature on the document was voluntarily affixed by the individual for the purposes stated within the document and, if applicable, that the individual had due authority to sign in a particular representative capacity. See Virginia Code 47.1-2
• ADLs: means bathing, dressing, toileting, transferring, bowel control, bladder control, and eating/feeding. See Virginia Code 63.2-2200
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Adult abuse: means the willful infliction of physical pain, injury or mental anguish or unreasonable confinement of an adult as defined in § Virginia Code 63.2-100
• Affirmation: means a notarial act, or part thereof, that is legally equivalent to an oath and in which an individual at a single time and place (i) appears in person before the notary and presents a document; (ii) is personally known to the notary or identified by the notary through satisfactory evidence of identity; and (iii) makes a vow of truthfulness or fidelity on penalty of perjury. See Virginia Code 47.1-2
• Assistance: means aid that is required to be provided by another person in order to safely complete the activity. See Virginia Code 63.2-2200
• Bonds: means any bonds, refunding bonds, notes, debentures, interim certificates, or any bond, grant, revenue anticipation notes or any other evidences of indebtedness or obligation of an authority, whether in temporary or definitive form and whether the interest thereon is exempt from federal income taxation. See Virginia Code 2.2-2200
• Bonds: means bonds or other obligations issued by the Commonwealth, by counties, cities and towns, and by their agencies, institutions, and authorities or by any combination of the foregoing under the provisions of the Public Finance Act (§ Virginia Code 2.2-4701
• Care for a mentally or physically impaired person: means assistance with the activities of daily living provided to such person when the person has been screened and has been found to be eligible, in accordance with relevant state regulations, for placement and Medicaid reimbursement for services in an assisted-living facility or a nursing home or for receiving community-based long-term care services. See Virginia Code 63.2-2200
• Caregiver: means an adult who is a single person with a Virginia adjusted gross income of not more than $50,000, or married and the combined Virginia adjusted gross income of both spouses is not more than $75,000 who provides care for a mentally or physically impaired person within the Commonwealth. See Virginia Code 63.2-2200
• certificate: means the part of, or attachment to, a notarized document that is completed by the notary public, bears the notary public's signature, title, commission expiration date, notary registration number, and other required information concerning the date and place of the notarization and states the facts attested to or certified by the notary public in a particular notarization. See Virginia Code 47.1-2
• Commissioner: means the Commissioner of the Department, his designee or authorized representative. See Virginia Code 63.2-100
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Credible witness: means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to confirm that individual's identity. See Virginia Code 47.1-2
• Department: means the State Department of Social Services. See Virginia Code 63.2-100
• Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including a record as defined in the Uniform Electronic Transactions Act (§ Virginia Code 47.1-2
• Educational facility: means any building used for instruction of enrolled students, including but not limited to any day-care center, nursery school, public or private school, institution of higher education, medical school, law school, or career and technical education school. See Virginia Code 15.2-2820
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 47.1-2
• Electronic document: means information that is created, generated, sent, communicated, received, or stored by electronic means. See Virginia Code 47.1-2
• Electronic notarial certificate: means the portion of a notarized electronic document that is completed by the notary public, bears the notary public's signature, title, commission expiration date, and other required information concerning the date and place of the electronic notarization, and states the facts attested to or certified by the notary public in a particular notarization. See Virginia Code 47.1-2
• electronic notarization: means an official act by a notary under § Virginia Code 47.1-2
• electronic notary: means a notary public who has been commissioned by the Secretary of the Commonwealth with the capability of performing electronic notarial acts under § Virginia Code 47.1-2
• electronic seal: means information within a notarized electronic document that confirms the notary's name, jurisdiction, and commission expiration date and generally corresponds to data in notary seals used on paper documents. See Virginia Code 47.1-2
• Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document. See Virginia Code 47.1-2
• Engages in an equine activity: means : (i) any person, whether mounted or unmounted, who rides, handles, trains, drives, assists in providing medical or therapeutic treatment of, or is a passenger upon an equine; (ii) any person who participates in an equine activity but does not necessarily ride, handle, train, drive, or ride as a passenger upon an equine; (iii) any person visiting, touring or utilizing an equine facility as part of an event or activity; or (iv) any person who assists a participant or equine activity sponsor or management in an equine activity. See Virginia Code 3.2-6200
• Equine: means a horse, pony, mule, donkey, or hinny. See Virginia Code 3.2-6200
• Equine activity: means : (i) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, endurance trail riding and western games, and hunting; (ii) equine training or teaching activities; (iii) boarding equines; (iv) 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; (v) rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (vi) conducting general hoofcare, including placing or replacing horseshoes or hoof trimming of an equine; and (vii) providing or assisting in breeding or therapeutic veterinary treatment. See Virginia Code 3.2-6200
• Equine activity sponsor: means any person or his agent who, for profit or not for profit, sponsors, organizes, or provides the facilities for an equine activity, including pony clubs, 4-H clubs, hunt clubs, riding clubs, school- and college-sponsored classes and programs, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including stables, clubhouses, ponyride strings, fairs, and arenas where the activity is held. See Virginia Code 3.2-6200
• Equine professional: means a person or his agent engaged for compensation in: (i) instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon an equine; or (ii) renting equipment or tack to a participant. See Virginia Code 3.2-6200
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Fund: means the Virginia Caregivers Grant Fund established by § Virginia Code 63.2-2200
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care facility: means any institution, place, building, or agency required to be licensed under Virginia law, including but not limited to any hospital, nursing facility or nursing home, boarding home, assisted living facility, supervised living facility, or ambulatory medical and surgical center. See Virginia Code 15.2-2820
• Horse: means any stallion, colt, gelding, mare, or filly. See Virginia Code 3.2-5900
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
• Indenture: means any trust agreement, deed of trust, mortgage, or other security agreement under which bonds authorized pursuant to this article shall be issued or secured. See Virginia Code 2.2-2279
• Intrinsic dangers of equine activities: means those dangers or conditions that are an integral part of equine activities, including: (i) the propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other animals or objects; and (v) the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or not acting within the participant's ability. See Virginia Code 3.2-6200
• Issuers: means the Commonwealth, counties, cities and towns in the Commonwealth, and their agencies, institutions, and authorities. See Virginia Code 2.2-4701
• Lien: A claim against real or personal property in satisfaction of a debt.
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Mentally or physically impaired person: means a person who is a resident of Virginia that requires assistance with two or more activities of daily living during more than half the year. See Virginia Code 63.2-2200
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• notarization: means any official act performed by a notary under § Virginia Code 47.1-2
• notary: means any person commissioned to perform official acts under the title, and includes an electronic notary except where expressly provided otherwise. See Virginia Code 47.1-2
• Oath: shall include "affirmation. See Virginia Code 47.1-2
• Oath: A promise to tell the truth.
• 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. See Virginia Code 3.2-6200
• Principal: means (i) a person whose signature is notarized or (ii) a person, other than a credible witness, taking an oath or affirmation from the notary. See Virginia Code 47.1-2
• Private club: means an organization, whether incorporated or not, that (i) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes, including club or member sponsored events; (ii) is operated solely for recreational, fraternal, social, patriotic, political, benevolent, or athletic purposes, and only sells alcoholic beverages incidental to its operation; (iii) has established bylaws, a constitution, or both that govern its activities; and (iv) the affairs and management of which are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. See Virginia Code 15.2-2820
• Private work place: means any office or work area that is not open to the public in the normal course of business except by individual invitation. See Virginia Code 15.2-2820
• proprietor: includes corporations, associations, or partnerships as well as individuals. See Virginia Code 15.2-2820
• Record of notarial acts: means a device for creating and preserving a chronological record of notarizations performed by a notary. See Virginia Code 47.1-2
• Remote online notarization: means an electronic notarization under this chapter where the signer is not in the physical presence of the notary. See Virginia Code 47.1-2
• Restaurant: means any place where food is prepared for service to the public on or off the premises, or any place where food is served. See Virginia Code 15.2-2820
• Revenues: means any and all fees, rates, rentals, profits, and receipts collected by, payable to, or otherwise derived by, the Authority, and all other moneys and income of whatsoever kind or character collected by, payable to, or otherwise derived by, the Authority in connection with loans to any eligible business in furtherance of the purposes of this article. See Virginia Code 2.2-2279
• Satisfactory evidence of identity: means identification of an individual based on (i) examination of one or more of the following unexpired documents bearing a photographic image of the individual's face and signature: a United States Passport Book, a United States Passport Card, a certificate of United States citizenship, a certificate of naturalization, a foreign passport, an alien registration card with photograph, a state issued driver's license or a state issued identification card or a United States military card or (ii) the oath or affirmation of one credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the individual or of two credible witnesses unaffected by the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in clause (i). See Virginia Code 47.1-2
• Seal: means a device for affixing on a paper document an image containing the notary's name and other information related to the notary's commission. See Virginia Code 47.1-2
• Secretary: means the Secretary of the Commonwealth. See Virginia Code 47.1-2
• smoking: means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind. See Virginia Code 15.2-2820
• Social services: means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. See Virginia Code 63.2-100
• State: includes any state, territory, or possession of the United States. See Virginia Code 47.1-2
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trustee: A person or institution holding and administering property in trust.