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After experience I will be writing contrcts for people who use my horses.What to put?

2K views 13 replies 13 participants last post by  Cacowgirl 
#1 ·
Over the years when I have let people borrow or use my horses, something happens that lets me know that they don't deserve to use them anymore.
For example this eyar at fair: I let my friend use my hrose for 4-h
Well, she didn't feed him, water him, groom, prepare him ahead of time, clean his stall, and treated him poorly. When we practiced before fair I taught her everything i knew and she threw it in the trash and did things her own way - which didn't work because my horse wasn't taught that way.. :lol:

Well my mom and I have agreed that even if the person rides the horses for a few days, they are going to sign a small contract saying they cannot sue if they get hurt, we will refuse to help them if they do not wear a helmet, they must listen to us when we talk to them and use our techniques we show them on our horses, if they mis-use or abuse the horse in any harmful way or in any way my mom and I don't agree with (don't worry, nothing stupid like them kicking the horse once or twice. IMO)

That is for just riding the horse. Is there anything else I should add?

And then if I ever let anyone use my horses like a lease or for fair I will add
- who hauls
- when he can be used and with whom
- and any other rules we add, like they cannot ride without a helmet or they cannot use spurs or crops, or they cannot etc.

Is there anything else I should add to
1. Just plain riding contract and
2. Leasing/Borrowing contract.

And any other tips, ideas, suggestions, etc. are greatly appreciated.

Thank you!
 
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#2 ·
Why not just not lend out your horses? Honestly I don't see how any good could come out of that. Maybe it's just me, but the only people who ride my horses are me and my trainer. There's just so many things that can go wrong, not to mention different riding skills/levels can mess with a horses training (like becoming hard mouthed, etc).
 
#10 ·
This. As you have seen before, allowing people to use your horse can end poorly. No one else is entitled to use your horse, and you shouldn't feel obligated. The only reason I would let anyone use my horse off the property would be in a lease situation, or if I would already be present at the show or whatever. It's not worth going through the hassle of drawing up a contract for a weekend long event anyway.
 
#3 ·
If you want it to be legally binding, you will need to talk to a lawyer. Depending on the state, a contract that says they cannot sue might not be worth a bucket of warm spit. In other states, it may not be needed.

Check with the county bar association. Most have referral programs that allow you to talk to a lawyer fairly cheap for 30 minutes or so.
 
#4 · (Edited)
I agree with simply not allowing others to borrow your horses. Just because you have a contract of sorts doesn't mean others will absolutely follow your guidelines. If your contract is breached and something happens to one of your horses you can sue the borrower, but that won't undo the harm that's been done to your horses. It may pay for vet bills or lost time riding the horse, but it won't heal injuries, repair a broken bond between you and your horse, or get back a horse that is killed. It also takes time and money to take someone to court, and you may come to find that you can't recover anything anyway.
I find it hard to believe you have others borrowing your horses often enough to warrant a contract anyway, and if you do I would take your horses into greater consideration. I'm a beginner but it seems to me that allowing someone (or multiple someones) that would require a contract to use your horse shouldn't be working yours in the first place for the horse's sake. Like others have said in this thread and your previous one, it is commonplace for only the owner and owner's trainer to ride a horse. You absolutely don't have to loan your horse out to anybody.
Of course, if you do decide to make a contract, you should seek legal advice from a professional to ensure your contract is binding and legally enforceable.

ETA: I don't mean to sound rude by any means, I just think it's important to point out that a contract might be a secondary option to not letting others ride your horses outside of your direct supervision. No one should be making you feel like you have to let them ride your horse! Happy holidays. ;)
 
#6 ·
Just don't lend out your horse.

Contracts are tricky. To actually have them legally meaning anything, besides have the right sort of writing, you'll need to have proof and "damages". What would you actually suing the person for? You usually can't sue for just breaking a contract, but the damage that the person has done. You then use the contract as a kind of proof of what the person agreed. If your horse gets injured you might be able to sue for vet bills or the value of the horse if that was mentioned, but nothing else much.

Having a waiver is a good idea, look at the wording online and make sure you're completely clear about what your responsibilities are - ie you might want to say you're not responsible for the safety of the tack provided etc.

The best thing is to just not let others ride your horse if you're particular about his care or how he is ridden.
 
#7 ·
For a legally binding contract, you really should get a lawyer. You can literally sign your name to anything - even sign away rights - and that doesn't make it binding.

If you did have a legally binding contract, are you going to be prepared to take someone to court over it? That will cost money. What will it win you? Even if you win and got a money award, the court won't force the person to pay you.

What will enforce the contract? The borrower will just tell you what you want to hear. It will still be your responsibility to check in on the horse - just like it is now. It won't force a person to do the right thing.

IMO either don't loan out your horses or loan them out only if you will be watching and be prepared to pack up the horse and bring him home, in the middle of the show if need be, if the person isn't treating him right.
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#9 ·
Stop loaning out your horses! If you have too many to keep them exercised, then sell some. I like to have friends ride w/me, but I am right there w/them to see that no one gets hurt, and even then I sometimes get aggravated if they try to "boss" the horse around & they don't have the experience to know what they are doing. Especially guys though like to feel as if they are in control, & only a couple of female neighbors are ever on my horses if WE go out for a ride. I don't just loan out my horses to anyone who might ask.
 
#13 · (Edited)
I would not willy nilly lend out a living creature to any one esp a horse. To many things can and do happen. I am VERY selective in who rides or messes with my horse (or other animals for that matter). I did a half lease on my mare to help eleiviate financial stuggle but it wasnt to just any one. I knew this person and her daughter. The horse was not to be moved from the farm, the leasee was given proper instruction (lessons) by me and I trusted my mare quite a bit (never 100% but I never trust an animal 100%). She was older and had packed kids (as well as adults) a plenty for several years. A lease contract was drawn up, A helmet was to be worn, no one else was to ride the animal but the leasee with only the bit I provided. (this mare would go pretty much in anything but a snaffle was primarily used.) A liability release form was retained by the state's law regardling horses and I even drew up a kindness clause. (no chains, whips, spurs, etc) I spent time with the leasee and my horse and things were monitored pretty closely. But no guarantees for loop holes are plenty when it comes to animals and animal engagement of all kinds. Everything was included in the lease agreement and I mean EVERYTHING. It was certified and notified and all of the other legal stuff but like I said never guarantee.........but it does offer a lesser of a risk though and can offer leverage if one can prove blatant breach of agreement.

Each state carries its own laws about horse related activities, its up to you to recognize them and proceed accordingly. A lawyer will help clarify this but you should deal with a lawyer that has, at least some, experience with horses and Equine law.

A book I recommend to everyone is called Understanding Equine Law.by Milton C Toby and Karen L Perch PhD A good place to begin anyways.

Its safer (and cheaper) to say no when it comes to horses and being selective can save you alot of misery. I wouldnt let my own sister ride or mess my horses unless I was there monitoring closely.
 
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#14 ·
Also, a bit off topic, but even though it's inanimate, think twice about loaning out a vehicle-often other driver's may not be covered by your insurance, or to the max of what your limits are. And so much can go wrong w/a vehicle & repairs are Quite Expensive! Now, I do love seeing other people ride my horses, but I'm always right there, and it's either my DH or someone that is usually as good a rider as I am. If they are a novice, they must be willing to take direction to keep both themselves & the horse safe.
 
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