I am signing a boarding agreement, and I need advice.
 
 

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I am signing a boarding agreement, and I need advice.

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  • What is enforcable in a horse boarding contract
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    03-19-2012, 10:29 PM
  #1
Green Broke
I am signing a boarding agreement, and I need advice.

So I am going to be boarding my horse with a retired couple that are renting out some pasture. We seem to be on the same page for most things, as far as horse care is concerned. She just sent me boarding agreement and it is pretty straight-forward. However, I do have a question about this section:

6. Safety and Release From Liability.
BY SIGNING THIS AGREEMENT YOU ARE GIVING UP CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF
INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOU or YOUR
PRESENCE AND/OR PARTICIPATION IN EQUINE ACTIVITIES AT
STABLE, INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE ARISING
OUT OF THE NEGLIGENCE OF STABLE.


I don't know if I like the ending part that I have bolded. Is this saying that if I get hurt, or my horse gets hurt, because of something they did ("stable") that I won't be able to get damages back?

Any advice that anyone can give me that they have run into with a boarding agreement?

One thing I saw that was not in the agreement, is how much notice I need to give them if I am going to leave and/or how much notice they need to give me if they are going to stop renting me the pasture.
     
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    03-19-2012, 10:35 PM
  #2
Showing
The bolded part sounds strange to say at least. I'd ask the owners what exactly they mean by that. As for nothing about how much notice it's a stick with 2 ends: on one side it's good if YOU decide to leave for whatever reason. However on other side they may tell you to leave tomorrow. To be on safe side I'd ask to add the time into agreement.
     
    03-19-2012, 10:36 PM
  #3
Yearling
Maybe they've added that in just to protect themselves. I know that when you make contracts, you try to cover absolutely everything. There's a lot that a person can classify under "negligence of the stable." I don't think that they mean that they're going to neglect something and damage your property or whatever I think that they're truly just protecting themselves. There's a lot of nutjobs in the world, and when you're letting the public come in to your high-risk (horses are high-risk) area, you want to cover every possible angle. :)
     
    03-19-2012, 10:37 PM
  #4
Banned
I'd be willing to be money that the bolded part is not enforceable in any court.

I am not a lawyer, but I think I might be right.

I do know that my state's equine liability protection law does not shield people from willful negligence.
     
    03-19-2012, 10:49 PM
  #5
Green Broke
Quote:
Originally Posted by mildot    
I'd be willing to be money that the bolded part is not enforceable in any court.
Yea, I thought the same thing. If they truly did something wrong, I should be able to take them to court over it.
     
    03-19-2012, 10:55 PM
  #6
CCH
Weanling
Bolded part is not even written in correct contract / release of liability language. Not here to give legal advice nor would it be appropriate, but I do have a J.D (fancy word for lawyer)

I would suggest you discuss with them crossing out the part, both initial it, and then print off your state's equine liability law and both sign saying you have received a copy of that.
     
    03-19-2012, 10:58 PM
  #7
CCH
Weanling
And now I see you're in ND here is the link http://www.legis.nd.gov/cencode/t53c10.pdf

Unless of course you are crossing the border to board in Minnesota, that would be a different law.
     
    03-19-2012, 11:09 PM
  #8
Green Broke
Thanks CCH. I was just looking that up when you posted the link.

We haven't signed the contract yet, so we can still change it to reflect such. I will bring it up!
     
    03-19-2012, 11:10 PM
  #9
CCH
Weanling
By crossing out, I mean the entire portion of #6, not just the bold part.
     
    03-19-2012, 11:14 PM
  #10
Trained
I once looked into a stable for my mare b/c it had some pretty nice facilities I wanted to use for a month or two. Very similar language appeared in the contract - it was a deal breaker for me. It says to me that they do not have liability insurance on the facility. Its absolves them of responsibility to the nth degree - on paper (nothing protects anyone from civil court action). I didn't need the facility THAT bad, and it is a pretty good clip for me to drive to, so...poooey.
     

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