Legal Aspects of Horse Management

 

LESSON FIVE

 

 

 

Put It In Writing:  The Value of Contracts

 

 

 

Introduction - How Contracts Can Enhance Your Business

 

          The horse industry evolved primarily as a local business where deals were documented with a handshake.

         Many horsemen still view contracts as unnecessary and impractical, and they continue to rely on reputation and in-person inspection of horses and goods to avoid being cheated.  However, the horse industry is no longer local.  As a horse owner, you can sell a horse to a buyer in a distant state or country, or breed your mare to a stallion located on a different continent.  The widespread use of computers has also made written and electronic communication more popular.  As a result, more and more savvy horsemen are using contracts to prevent misunderstandings and provide legal recourse. 

         For equine professionals, contracts tailored to their business provide certain key benefits.

         Contracts enhance your professional image by making you appear more organized and businesslike.  They also help you avoid disputes with your clients and suppliers by clearly setting forth who is responsible for what (and when).  When a dispute does arise, your contracts can also serve as valuable evidence of what your agreement was.

 

          Image Is Everything.  If your contracts are well-written and easy to understand, they can enhance your image as a seasoned professional.  As a horse owner, which trainer would you feel more comfortable with – the trainer who has a big reputation but won’t write down his costs, or the trainer who presents you with a training agreement that specifies what the trainer will do and how much it will cost?

 

          Wave Goodbye to Looky-Loos.  In every equine business, there are folks who want something for nothing, and if you are too generous, you can find yourself providing goods or services for free.  Presenting potential clients with a contract early on in the relationship can help you sort out the paying customers from the tire-kickers. 

 

 

Types of Equine Contracts and Their Essential Elements

 

 

 

Essential Elements of Every Contract

 

         The following items should be included in every contract, no matter what the subject matter.

         Some of these terms may seem obvious, but one or more of them are often excluded or incomplete.  This section is designed to assist you in drafting simple contracts and in evaluating contracts that you are offered.  You may wish to hire an attorney to review what you have drafted and/or create customized contracts tailored to your business.

 

 

What is the Contract About?

 

          Why are the parties entering into the contract?  Is it a boarding contract, employment agreement, horse sale contract or something else?  The contract title should be simple and self-explanatory, such as “Boarding Contract.” 

 

 

Who Are the Parties and How Can They Communicate with Each Other?

 

          Many disputes in the equine industry involve communication failures.  To help prevent communication mishaps, the contract should list appropriate contact information and specify the acceptable forms of notification among the parties.  For example, should the parties email each other?  How about fax?  At a minimum, the contract should include each party’s first and last name, mailing address, and telephone number.    You may also wish to include email addresses, cell phone numbers, fax numbers and pager numbers. 

         All official communications under the contract, such as delivery of original registration papers or payments, should be sent via a method that provides proof of delivery, such as Federal Express.  For written correspondence, fax machines that print confirmation sheets are also useful.  Emails and phone calls, while convenient when timing is critical, generally provide little assurance that the other party has received the communication. 

 

 

What Have the Parties Agreed to Do – What, When and Where?

 

          Each item that the parties have agreed upon should be spelled out clearly in the contract.  For example, in a horse sale contract, if the seller has offered to deliver the horse to the buyer, the contract should state that and include a delivery address and delivery date.

 

 

How Will the Parties Resolve Disputes?

 

          In the increasingly global horse industry, you may enter into agreements with someone in another state or even another country.  If a dispute arises under the contract, how will you handle it?  Will the parties agree to mediation or arbitration?  Where can the parties sue each other? 

 

         Example:  Big Thang supplements the income from his training business by buying inexpensive horses, putting a few weeks of training into them, and then reselling them at a substantial markup.  He advertises the horses on several well-known Internet sites.

         Suzie Sucker sees one of Thang’s horses, Ripsnorter, on the Internet and orders a video from Thang.  She loves what she sees on the video, so she emails Thang and makes arrangements to buy Ripsnorter and have him shipped to her in Idaho.  When Thang receives the cashier’s check for the purchase price, he sends Suzie a bill of sale that simply states, “Sold to Suzie Sucker, 1999 AQHA gelding Ripsnorter.  Signed, Big Thang.”

         A week later, Ripsnorter steps off the trailer onto Suzie’s ranch.  Suzie notices right away that he has a club foot, something she didn’t see in the video.  She calls Thang and tells him she wants her money back.  Thang refuses and points out that Suzie didn’t ask whether the horse had a club foot, only whether he was sound (and he is).  Suzie wants to sue Thang, but doesn’t know whether she can sue him in Idaho, where she lives, or whether she has to sue him in Texas, where he lives, Oklahoma, where his ranch is located, or California, where she sent the cashier’s check.  If the bill of sale had a clause specifying where the parties could sue each other, Suzie would not have to pay an attorney to answer this question.

 

 

 

Contracts for Horse Buyers and Sellers

 

          The majority of legal disputes in the horse industry center around horse sale transactions, and many of those disputes arise from mismatched expectations.  To help avoid these types of disputes, a contract is essential.  At a minimum, a good sale/purchase agreement (also known as a bill of sale) should address the following points, in addition to the essential elements of every contract (see above).

 

 

Payment of the Sale Price

 

          In traditional horse sale transactions, the buyer showed up with cash and a horse trailer and the deal was completed when the horse’s tail disappeared down the driveway.  However, many of today’s horse sales involve more complicated exchanges, such as deposits and installment payments.  Your contract should clearly specify what the total purchase price is and how and when it should be paid. 

         If the buyer presents the seller with a deposit, the contract should specify the circumstances under which the seller must refund the deposit (and when the seller can keep the deposit).  If the buyer will make payments in installments, the contract should specify the due date and amount of each payment as well as which party bears the risk of loss of or injury to the horse during the payment period, and which party is responsible for the horse’s board and other expenses during that period. 

 

 

Return Policy

 

          If the buyer has any rights to return the horse to the seller, the contract should clearly state the circumstances under which the buyer can return the horse and whether the buyer can expect a full or partial refund or an exchange for another horse.  If the seller has a “no returns” policy (which has long been the custom in US horse sales), the contract should clearly state that fact to ensure that buyers understand, especially first-time horse buyers.  Smart horse sellers will specify in their contracts that the sale is “as is” and without warranties of any kind.  If the seller does make specific representations or warranties about the horse, the contract should list them and state that no other warranties or guarantees are given. 

 

 

Trial Periods

 

          Trial periods have become very popular because they allow a potential buyer to evaluate a horse more thoroughly before agreeing to purchase him.  However, a trial period can be a nightmare for both buyer and seller if the horse is injured or dies during the trial period.  Every sale contract that includes a trial period should specify who will be responsible if the horse is injured or dies during the trial period.  Trial periods should be limited to short periods, such as a week, and whenever possible, the horse should remain on the seller’s property during the trial.  Both of these factors will help reduce the chances of accidents and misunderstandings.  The contract should specify whether the seller can sell the horse to another buyer during the trial period and what will happen at the conclusion of the trial period if (a) the buyer still wants to buy the horse and (b) if the buyer no longer wants to buy the horse.

 

         Example:  Another client of Fiona Fearless, Winston “Winner” Clark, has hired Fiona to find a dressage prospect for him.  Fiona finds a four-year-old Hanoverian that she likes and the Hanoverian’s owner offers to let Fiona take him home for a week to try him.  Fiona picks him up and takes him home.  She discovers that once away from home, the colt is way too green for Winston to handle, so she returns the colt to the seller.  Two weeks later, the seller calls Fiona in a huff, telling her the colt’s back is sore and her chiropractor says that the colt now needs an expensive series of treatments.  The seller claims that the back problems were caused by Fiona not properly fitting a saddle to the colt.  Fiona knows she was very careful about saddle fit, but the seller has a big reputation in the industry, so Fiona offers to split the chiropractic costs with her and wishes that she had asked the seller to sign a receipt stating that the colt was in good condition when she returned him. 

 

 

Taking Possession of the Horse

 

          For a variety of reasons, some horse purchasers buy horses and then do not pick them up for a period of time, sometimes as much as a couple of months.  With the advent of Internet horse sales, this circumstance is becoming increasingly common.  The sale contract should clearly state when the buyer is responsible for taking possession of the horse and what will happen if he or she does not take possession of the horse by the appointed date.

 

         Example:  Suzie Sucker’s trainer, Fiona Fearless, evaluates Ripsnorter for Western Pleasure and really likes him.  His club foot doesn’t seem to affect his soundness at all, and he has a sweet, willing disposition.  Suzie calls Big Thang to tell him that she’s decided to keep Ripsnorter and she apologizes for any ill will between them.  While Suzie is on the phone, Big tells her about “Son of Snort,” a weanling colt by Ripsnorter’s sire, “Sir Snort.”  Suzie decides to purchase Son of Snort and wires the funds to Big.  A big snowstorm prevents the hauler from coming to pick up Son of Snort for three weeks after Suzie has paid for him.  Before Son of Snort even arrives at home, Suzie receives a bill for board and training from Big Thang to the tune of $750.  She is surprised, because Big knew that the hauler wasn’t able to pick up Son of Snort any sooner.  She calls Big to ask him about the bill and his staff explains that Suzie was responsible for Son of Snort’s expenses as soon as she paid for the colt.  Suzie pays the board bill, but she vows never to buy another horse from Big.

 

 

Risk of Loss of or Injury to the Horse

 

          In any circumstances where there may be a delay between the time that the buyer begins paying for the horse and the time that the buyer takes possession of the horse, the contract should state who bears the risk that the horse will die or become injured.

 

         Example:  The day before the hauler is scheduled to pick up Son of Snort, “Snorty” injures himself on turnout and requires six stitches in his head.  Suzie is surprised to receive a $300 vet bill and when she calls Big’s office, his staff patiently reiterates that the colt was Suzie’s responsibility as soon as she paid for him.  Really frustrated, Suzie paid the bill.

 

 

Representations and Warranties

 

          The sale of horses has historically been a “buyer beware” business.  However, many unscrupulous sellers have used this custom as a justification for fraud, which is why savvy buyers will ask for representations from the seller about the condition and soundness of the horse they are buying.  In contrast, not-so-savvy buyers, especially first-time horse buyers, may rely too heavily on the seller and expect the seller to guarantee the horse’s future soundness and/or performance. 

          If you are a seller, unless you have a money-back guarantee or other return policy (see “Return Policy” above), your sale contract should state that you are selling the horse “as is and without warranties of any kind.”  If you do offer any type of guarantee or return policy, the terms of these policies should be noted in your sale agreement, with any exceptions clearly indicated. 

          If you are a buyer, you should consider the most important representations that the seller has made to you, and ask the seller to put those representations in the sale agreement.

 

         Example:  Suzie just can’t stop browsing the online classifieds.  She’s a real sucker for a black and white Paint, and she finds “Painted Snort,” a full brother to Ripsnorter, for sale in Florida.  She questions the seller extensively, has an independent veterinarian examine Painted Snort, and even has a close friend who lives in Florida go over to try the horse for her.  Suzie had to retire her favorite Western Pleasure mare because of navicular, so Suzie is particularly sensitive to lameness issues.  She has the Florida veterinarian take a full set of X-rays and send them to her vet in Idaho to examine.  Both vets concur that Painted Snort’s X-rays are clean, and the Florida vet tells Suzie that the horse passed the flexion tests and otherwise showed no signs of lameness.      Painted Snort has been out in pasture for six months, and the seller told Suzie that she simply doesn’t have time to ride him, so she turned him out.  When Suzie asks, the seller reassured her that Painted Snort has never been lame.  When Suzie presents the seller with a contract stating that the seller “represents and warrants that the horse has never suffered from lameness or unsoundness,” the seller suddenly remembers that Painted Snort had a soft tissue injury to his right front leg in his two-year-old year, and that he’d been off for three months.  Suzie consults her veterinarian, who advises her to ask the seller for the medical records relating to the lameness.  Upon examining the medical records, Suzie’s vet discovers that Painted Snort’s injury is of a type that is likely to recur and he advises Suzie that Painted Snort may not remain sound. 

 

 

 

Contracts for Horse Leases

 

          As the cost of horse ownership has increased and the amount of spare time available to most horse owners has decreased, leasing horses has become much more popular.  Leasing can be very beneficial for owner and lessee (the person leasing the horse).  For the owner, leasing helps defray the cost of horse ownership and ensure that the horse has adequate attention and exercise.  For the lessee, leasing provides an opportunity to ride and care for a horse without the commitment and expense of ownership.  The horse frequently benefits from the extra care and attention provided by the lessee.

          Leasing a horse also has its risks.  The lessee may not care for the horse in the way that the owner would like or they may fail to fulfill their payment obligations.  The owner may have overly restrictive requirements for the lessee and/or not care for the horse properly.  In addition, there is no generally accepted definition of a lease when it comes to horses, so the parties often start out with different ideas about what the lease relationship will be like.  A thorough, well-drafted lease contract can go a long way toward minimizing these risks.

 

 

The Basic Relationship

 

          There are several common types of equine lease arrangements.  When drafting a lease contract, it is important to understand exactly what the parties have in mind.

 

        Type 1 (often called a “full lease”):  The lessee takes over full possession of the horse from the owner, often moving it to the lessee’s property.  The lessee typically takes care of all of the horse’s shoeing, feed, exercise and veterinary needs and pays for all of the horse’s expenses.  The lessee also generally assumes all risk of injury or loss.  The lessee may or may not pay the owner a lease fee in addition to paying for the horse’s expenses.

 

        Type 2 (often called a “partial lease”):  The lessee rides the horse one or more days per week.  The lessee may or may not share responsibility with the owner for the horse’s care.  The owner may charge the lessee either a flat lease fee or a portion of the horse’s expenses.  The lessee may or may not assume some risks of injury to or loss of the horse.  The owner may have several lessees leasing the same horse.

 

        Type 3 (often called a “free lease”):  This relationship is much more like a loan than it is a lease.  The owner typically allows the lessee to ride and/or care for the horse one or more days a week at no charge.  The lessee may or may not assume some risks of injury to or loss of the horse.  The owner may or may not require the lessee to assist in certain tasks, e.g., stall cleaning, in exchange for riding privileges.

 

        Type 4 (often called a “breeding lease”):  Breeding leases are a variant of Type 1 and they most frequently apply to mares.  The owner leases the mare to a lessee who wants a foal.  The lessee generally takes responsibility for getting the mare in foal and caring for her before, during and after her pregnancy.  The mare may or may not leave the owner’s property during the lease term, and the lessee may or may not assume some risks of injury to or loss of the mare.  The lessee typically owns any foal that the mare produces during the lease term, but it is not uncommon for the ownership to be conditional.  For example, the lessee might be an Appaloosa breeder who wants a colored foal, so the owner and lessee may agree that if the foal is solid colored, the mare owner can keep the foal.

 

 

The Lease Term and Termination

 

          As outlined above, there are several different types of leasing relationships.  Accordingly, the length of time of the lease term may vary significantly.  The lease contract should specify an end date, or conditions under which the lease will end.  For example, in a breeding lease situation, the lease may specify that it will end 120 days after the mare produces a foal, or if the mare fails to become pregnant, within four months after the start of the lease term. 

          Termination is also very important in a lease relationship.  Who has the right to terminate the lease?  Under what conditions can the lease be terminated and what notice must be provided?  The lease contract should spell out these provisions very clearly and attempt to cover every contingency.

 

 

The Lessee’s Obligations

 

          In most lease arrangements, the lessee compensates the owner for the use of the horse.  Compensation can take many forms, however, including fees, services and combinations of fees and services.  For example, a lessee might agree to pay the owner a monthly lease fee and provide exercise and/or turnout for the horse three times per week.  In another situation, the owner might forgo all fees if the lessee agrees to help work on a behavioral issue that the horse has.  The lease agreement should spell out exactly what the lessee’s responsibilities are, including payment due dates, and what happens if the lessee doesn’t meet his or her obligations.  Clarity is particularly important when the lessee’s obligations include training and other services, because reasonable people often disagree about whether the lessee’s services are adding value.

 

         Example:  Suzie Sucker has a new two-year-old filly that she is showing in the futurities, in addition to showing Son of Snort in longe line classes, and as a result, she does not have enough time to ride Ripsnorter.  Fiona Fearless mentions to Suzie that she has a student, Willy Falloff, a novice rider who would like to own a show horse but can’t afford to purchase one.  Suzie talks to Willy and agrees to lease Ripsnorter to him for $500/month.  Suzie and Willy enter into a lease agreement on March 15, but Suzie needs to receive the lease fee on the first of the month so that she can pay board on Ripsnorter, so she is careful to specify in the contract when the lease payment is due.  Pursuant to the contract, Willy gives Suzie a prorated payment for the month of March and pays her for a full month on April 1.

 

          The standard of horse care is another topic that inspires many lease-related disputes.  The lease agreement must define what type of care the horse will receive, from whom, and who will be financially responsible for that care.  Care instructions should include not only the obvious, such as feeding and routine farrier and vet care, but also more subtle points, such as the tack permitted to be used on the horse.  If the horse will not be kept at the owner’s facility, the lease should also specify where the horse will be stabled, and under what circumstances the lessee can move the horse to another facility.

 

         Example:  Because Willy is a novice rider, he is not familiar with how show horses’ manes should be maintained.  In June, Suzie stops by Fiona Fearless’ barn to check on Ripsnorter and is surprised to see that his mane is scraggly and unkempt.  Willy explains that he didn’t know he needed to pull Ripsnorter’s mane unless he was going to a show, and he had not been to a show yet.  Suzie is annoyed, as she likes to keep her horses show-ready year round.

 

 

The Lessee’s Rights

 

          What will the lessee be permitted to do with the horse during the lease term?  Most leases are essentially a sharing situation – the owner is sharing his or her horse with the lessee.  Like most sharing situations, misunderstandings can easily arise about what is fair.  To avoid conflicts, the lease agreement should clearly specify what the lessee is allowed to do with the horse, when and how often.  For example, if the lessee is only permitted to ride on certain days, agree on the days and put them in the lease with a provision that outlines the process for changing those days if necessary.  Is the lessee permitted to trail ride, jump, take the horse off of the property for horse shows or other events?  The lease agreement should cover these activities and list anything that the lessee is NOT permitted to do with the horse. 

 

         Example:  Willy sees a TV show about Big Thang and is in awe.  He discovers that Big is giving a clinic at a stable that is only 50 miles away, and he excitedly registers himself and Ripsnorter for the clinic.  Fiona Fearless mentions to Suzie that Willy is taking Ripsnorter to the clinic and Suzie panics because she doesn’t want Willy trailering Ripsnorter.  She tells Willy he can’t take Ripsnorter to the clinic and then Willy panics, because he has paid a non-refundable deposit of $300 for the clinic.  Suzie eventually changes her mind and lets Willy take Ripsnorter to the clinic, but she worries the whole time until Ripsnorter is back safe and sound.

 

 

The Owner’s Obligations

 

          Lease disputes can also arise when the horse owner does not fulfill the lessee’s expectations.  To avoid misunderstandings, the lease agreement should detail what the owner’s obligations are.

 

         Example:  Under the lease agreement, Suzie is responsible for “farrier care” for Ripsnorter.  Suzie has always kept Ripsnorter barefoot.  Fiona decides that Willy is ready to go to his first show and tells him that Ripsnorter will need to be shod before the show.  Willy calls Suzie to tell her about the shoes and Suzie protests, saying that Willy can show without shoes on Ripsnorter.  Willy wants to give himself the best chance at the show, so he follows Fiona’s advice, asks the farrier to put shoes on Ripsnorter, and pays the bill himself.  It annoys him, though, because he thinks that “farrier care” should include the shoes.

 

 

The Owner’s Rights

 

          Many lessees treat a leased horse like it was their own horse.  For the horse and the owner, this is ideal, because the horse receives the best care that the lessee can provide.  However, when the owner wants to use the horse, it can create conflict with the lessee, especially if the owner suddenly starts taking an interest in the horse in the middle of the lease period.  The lease agreement should specify whether the owner can rearrange the lessee’s riding days, pick up the horse for a show or clinic, or otherwise disrupt the lessee’s use of the horse.

 

         Example:  Suzie finishes showing her two-year-old in the futurities and the two-year-old is in desperate need of some time off.  However, Suzie really enjoys showing and would like to show in the state breed association’s big fall show.  Ripsnorter is going really well and Suzie would like to show him in the Amateur Owner division.  The fall show lasts two weeks, and Suzie figures that she can just give Willy a 50% discount on the lease fee for that month.  However, she discovers that Willy has planned to take Ripsnorter to an open show that weekend to show in walk/trot classes and has already paid the entry fees.  Suzie wishes that she had put a clause in the lease specifying that she could preempt Willy’s lease rights to take Ripsnorter to shows.

 

 

 

Contracts for Boarding

 

 

The Boarder’s Obligations

 

          Most boarding agreements are fairly clear about the boarder’s primary obligation: paying the boarding stable.  However, even this seemingly simple responsibility can become complicated, and therefore the boarding agreement should clearly state the exact terms of payment, when changes in the payment amount can be made, and what happens if the boarder doesn’t pay.

 

         Example:  With his big facility sitting half-empty, Big Thang decides to take on some boarders to make ends meet.  He draws up his own boarding contract, clearly stating that board in paddocks is $400/month and board in box stalls is $500/month.  Clara Clueless, who lives nearby, is running out of space at Clueless Arabians due to the unprecedented success of her stallion advertising campaign for Fire.  She signs a boarding contract with Big to keep 10 of her broodmares in two paddocks at Big’s place.  Two weeks later, Big notices that one of the mares is losing weight and he has his staff move her to a box stall so that she will have no competition for her food.  Big calls Clara and informs her, and Clara thanks him for looking after the mare’s interests.

         Clara is surprised to receive an invoice the following month for nine horses in paddocks at $400/month and one horse in a box stall for $500/month.  She thought that because Big chose to move the mare, and she had intended for her to be in a paddock, she shouldn’t have to pay the extra $100.  Shortly thereafter, Big revises his boarding agreement to specify that he has the right to move a horse at any time for any reason and that the owner is responsible for any resulting increase in board.

 

          When a boarder does not pay his or her board bill, many states have livestock liens which allow the boarding stable to retain possession of, and even sell the horse under certain circumstances.  However, in drafting your boarding contract, it is important to be very familiar with your particular state’s livestock liens, because your ability to enforce the lien may depend heavily on what your contract says.  Your contract should state step by step exactly what will happen if the boarder becomes past due.

          Boarding stables typically have rules for safety and convenience, and these rules should be made a part of the boarding contract.  In addition, all stable requirements about vaccinations and other essential elements of stable management should be integrated into the boarding contract.  As with the provisions regarding board payments, the boarding agreement should state exactly what will happen if the boarder does not perform his or her responsibilities.

 

         Example:  Big’s boarding contract states that the horse owner is responsible for trimming their horses’ feet at least every eight weeks, and that if the owner does not fulfill this obligation, Big can (but is not required to) take care of it and bill the owner.  Big’s staff notices that Clara’s mares’ feet are seriously overgrown, at least three months overdue for a trim.  In addition to the mares’ obvious discomfort, their appearance is bad for business.  Big’s staff, after their calls to Clara go unanswered, arrange for Big’s farrier to trim the mares.  Big uses the most expensive farrier in town, and two of the mares are really uncooperative, so Clara gets an enormous bill from Big’s farrier.  Clara nearly has an apoplexy after her lawyer tells her that Big’s actions were not a breach of contract and that she should pay the bill.

 

 

The Stable’s Obligations

 

          Horses’ needs for food, bedding and other necessities can differ widely, as can the owners’ perception of what their horses needs are.  As a result, boarding facilities may find that they are under constant demands from owners for more feed, less feed, different bedding, etc.  To minimize special requests (and provide an opportunity for additional profits from value-added services), many boarding stables specify what their basic services are in their contract, and what services are available at an additional price.  For example, a boarding contract might state that horses in box stalls are fed two flakes of alfalfa/orchard grass mix hay twice daily and stalls are cleaned four days per week.  Services available at an extra charge might include additional hay; daily stall cleaning; feeding supplements, grain or medications provided by the owner; blanketing; turnout and longeing.  Being clear about what is included vs. an extra helps align the stable’s and the owner’s expectations.

 

          If you own or manage a boarding stable, a good boarding contract is essential to the operation of your business.  Here are the most common boarding stable problems and how your contract can help you prevent and address those problems.

 

 

Non-Paying Boarders

 

          Every boarding stable occasionally has a boarder who can’t or won’t pay on time.  Your boarding agreement should clearly state the terms of payment and outline the penalties for not paying on time.  Enforcing those penalties for every late payment will help increase your chances of being paid on time consistently. 

          Many states have livestock lien statutes which grant certain rights to boarding stables who are owed money by boarders.  Your state’s lien statute may require you to make a filing, include certain provisions in your boarding contract, and/or retain possession of the boarder’s horses to perfect your lien, so consult an equine attorney in your state to make sure that you know your lien laws before you need to use them.

 

 

Problem Boarders

 

         Every stable has them – boarders who are always causing a problem and just can’t seem to get along with everyone else.  They are bad for business and for a stable manager’s blood pressure.  Your boarding stable should have clearly written rules that cover safety items as well as common courtesy, and you should attach a copy of those rules to each boarder’s boarding contract.  As you feel the need to add to the rules, you can amend the boarding contract to include the new rules.    Having written rules goes a long way toward preventing disputes – if all of your boarders know exactly what the rules are, your boarders will often self-police them.  In addition, “I didn’t know” is no longer a good excuse when rules are broken.  Your boarding agreement should include a termination for cause clause that allows you to evict a boarder upon relatively short notice if he or she violates a major safety rule or habitually breaks rules.  Remember – it’s your place, and you can set the rules.  If you want everyone gone by 10 p.m., make it a rule.  If you are tired of cleaning up your boarders’ messes, specify in the rules what they must do to pick up after themselves.

         There is another type of boarder who is a thorn in the side of a boarding stable manager – the boarder who represents 1% of your income, but creates 90% of your work.  They may complain that their stall doesn’t have enough shavings, or that you don’t feed their horse enough.  They expect you to feed their four different supplements twice a day (“Two scoops in the morning, four scoops in the evening and would you mind adding a splash of corn oil?”), and they ask you to remove blankets and turn out “as a favor.”  Every boarding contract should clearly state what services are included – e.g., how much feed per day, how often stalls are cleaned, whether turnout is included.  Everything else that a boarding stable is willing to provide should be itemized as an extra service available at a specified price – e.g., trailer parking, administering medications and turnouts.  Consider how you are spending your time and resources, and whether your regular boarding fees should cover everything that you find yourself providing.

 

 

Termination

 

          Many boarding stables require horse owners to give 30 days’ notice before leaving the facility.  However, most boarding stable contracts are not clear about what happens if the owner does not give 30 days’ notice and/or what notice the stable is required to give the owner to terminate the agreement.  A well-drafted boarding contract includes a provision that allows the boarding stable to terminate the contract for any reason, and another that allows the stable to terminate the agreement for cause (generally with a much shorter required notice period).  Termination for cause can be very useful in situations where a problem boarder repeatedly violates safety rules or is otherwise endangering other boarders and their horses.

 

         Example:  Fed up with big board and shoeing bills, Clara decides to bring her mares home, even if it means the pastures will be a bit crowded at Clueless Arabians.  She gives Big notice on June 2 that she is taking her mares home on June 15.  Big’s contract clearly specifies that 30 days’ advance notice is required.  Clara has paid board through the end of June and thinks she deserves a refund for the unused portion of June.  Big refuses, noting that Clara didn’t give him 30 days’ notice.  Clara creates a scene when she comes to pick up the mares, and only agrees to leave without a refund when Big’s staff calls the sheriff.  Shortly thereafter, Big edits his boarding agreement to clarify that when the owner gives less than 30 days’ notice, the owner still owes board through the end of the month and is not entitled to a refund.

 

 

 

Contracts for Training

 

          Training contracts are a relatively novel idea in the horse industry, but they can enhance your training business by establishing an owners’ expectations and clarifying the owners’ obligations.

 

 

What the Trainer Will Do

 

          Many trainer/owner disputes arise over mismatched expectations about what a trainer can and will do.  Owners may expect a horse to be performing at a certain level after a certain period of time and not understand that each horse is an individual and some horses will progress faster than others.  Owners who are unfamiliar with a particular trainer’s practices may be upset to learn their horse is not being ridden every day, or that the trainer has an assistant riding their horse.  Communication between trainer and owner is very important, and some owners may expect to talk with their trainer several times a week, while the trainer may have time to talk only once a month. 

          Savvy trainers will evaluate a horse before agreeing to take it in for training, and after evaluating the horse, they talk over a training plan with the owner.  If the owner’s goals for the horse are unrealistic or not in line with the trainer’s expertise, the trainer is better off being straightforward with the owner and declining the engagement rather than taking on the horse anyway and having a dissatisfied customer.  Putting the training plan down in writing and setting a regular time with the client to evaluate the horse’s progress can go a long way toward client satisfaction. 

          The fastest way to create owner dissatisfaction is to send them a bill that is larger than they expected, especially if they have not been recently updated on their horse’s progress.  A training contract should include an itemized schedule of all fees that the trainer may charge, including show fees.  The trainer should ensure that his or her staff prepares itemized invoices that match the schedule in the agreement and that the invoices are timed to go out after the trainer’s regular update with the client. 

 

 

What the Owner Will Do

 

         Many trainers find that their training programs are more successful when they include the owners in the training process.  For example, a trainer may want to work with a new horse alone for 30 days and then after that, have the owner take one lesson per week with the trainer to ensure that the owner understands the horse’s training and can continue it at home.  In addition to all payment terms, the training agreement should clearly state what the trainer expects the owner’s role to be.

 

 

 

The Last Word on Contracts

 

          Contracts are only useful if all of the right parties sign them AND you keep a copy of the signed version where you will be able to find it later!

 

 

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