Drafting a Part Loan Agreement.
 
 

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Drafting a Part Loan Agreement.

This is a discussion on Drafting a Part Loan Agreement. within the Horses for Sale forums, part of the Horse Resources category

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    • 2 Post By KatieQ
    • 1 Post By Comfortably Numb
    • 1 Post By DuffyDuck
    • 1 Post By DuffyDuck

     
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        01-27-2014, 05:11 PM
      #1
    Green Broke
    Question Drafting a Part Loan Agreement.

    Hello me again,

    I am just thinking out loud here, sorry.

    When I put an ad online advertising my horse for part loan I was not expecting to feel THIS nervous about letting someone else ride and care for him. I am okay with my dad doing it; he doesn't know much about horses but he does KNOW my horse which is what's vital with the type of horse he is. My dad will also text me (or my mum will) whilst I am away so I am always 100% sure that everything is fine at home. This is different. I am terrified about them running off with him, I am worried that they are not going to give him a chance and give up on him just as I think I have found someone reliable that I can trust with my horse whilst I am away.

    This agreement will be just weekends (friday-mon at most as I sometimes work long distance) and I am hoping to be able to put him on a livery yard to use the facilities and as a safety measure. I will state that the person will not be able to take him off the property (my main fear is him going missing). I am just really confused to how I go about this, I have never done or seen anything like it before.

    Has anyone had their horse on part loan or a shared agreement? I would really like some advice; it is probably very obvious that I don't know what I am talking about here :/

    Yesterday, after weeks of waiting for someone to reply to my ad, I got two replies, typical. I got back to the first one straight away; by email and phone but no reply whatsoever. Someone else, who seems a little more novice is also interested and I really want to give her a chance so tomorrow, I will make some phone calls and organise to get my horse on a yard so she can try him out. Is that a good idea? I am terrified about inviting someone on to my own private property to see him... (Just me being terrified about him being stolen.)

    So what I am really asking is -
    • What do I have to state clearly in the loan agreement?
    • and I would also like to know whether it was normal to not want to charge the person any money as they are doing me a favour by looking after him whilst I am away and I am doing them a favour by giving them a horse to ride.
    • I am also going to ask the person to take lessons on him until they are confident, is that reasonable? Obviously, they will have to pay for this.

    This is the ad - PART LOAN 3-4 days/week (HH-UK-122288) - I also have one on Preloved.

    Thank you for reading. If you read it all, kudos and if you understand what I am saying, the drinks are on me! I would be really thankful for any advice.
         
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        01-27-2014, 10:14 PM
      #2
    Weanling
    Make sure to include a release of liability in case the person gets hurt while riding or handling your horse. Also be sure to give yourself an "out"- something stating that you can cancel the contract at any time for any reason. Then if you find after a while you are not comfortable with the person or the agreement you can just cancel the whole thing and start again.
         
        01-28-2014, 03:23 AM
      #3
    Foal
    The British Horse Society gives advise on many topics on their website and sharing/loans is one of them.

    Here is the page, which you might find helpful: Advice on Loaning | British Horse Society

    On the right side there is a helpful link to a sample loan agreement.
    Please bear in mind that this is simply a sample and you will have to modify it to fit your purposes.
    You should stipulate all details - where the horse will be kept, when the person will be allowed to ride him, for how long, what disciplines, etc.
    Your horse is the most important "item" here and you should include any clause that you feel is necessary (KatieQ gave good suggestions) to make you comfortable.

    Let your Dad (or if you know someone with experience in reading/drafting contracts) read the agreement you draft and offer his ideas.
    speedy da fish likes this.
         
        01-28-2014, 05:18 AM
      #4
    Green Broke
    I have loaned a horse out to my trainer for lessons, and as a result I got cheaper lessons. It got a bit out of hand, however, and they were using him more and more.

    Since I no longer have a horse, I started a loan. One didn't work out because it was a 'second' horse, and the girl had her competition horse. So there was myself and two other people who had this mare on loan. She wasn't overly difficult, but the other riders let her run around like a goose, and on my two days I had to correct that. It was a complete pain. To add to that, the horse was always ill, so I couldn't do more than a walk.

    The loan I have just had to give up due to injury was slightly better. I had lessons when I could, and paid €70 a month for twice a week, and I had to muck out (not a big deal).

    Neither of them required a contract from me, as they were around initially when I was around the horse and saw me to be responsible enough not to spell everything out.

    HOWEVER, I would ALWAYS have a contract. You need to make sure the loanee understands that galloping for an hour wildly over fallen logs is a no no, communicate his current work plan (trust me, communication is complete key to this. Not checking up on them all the time, but letting them know if he's worked hard over the week, if he's got the farrier, dentist etc etc coming out). If the rider puts the horse in danger, and from that comes an injury, who foots the bill? We had one rider on a loan horse who decided to jump the horse in a muddy paddock over 1.10m when the horse hadn't jumped in a long long time- three weeks box rest. This isn't a horror story, you just need to be very clear about what is allowed, what isn't and what your horse is capable of.

    Lessons as part of the pack is more than justifiable. I would always count in a lesson once a week, if it can be arranged.

    Financially, I would also ask for a contribution. I never hear of a free loan. It depends on how much your stable fees are, and whether you ask for half, or just a contribution to the monthly finances.

    Will the rider have their own insurance? I'm not so sure how it works in the UK, but here you can insure the horse for 'guest riders' or you can get your own rider's insurance which I would always recommend.

    There is much to think about, but its good you are thinking of these things, and not letting jo bloggs on your horse.

    As for letting your horse go off the yard.. is it a big, busy yard, or are there periods of time where no one is around? I don't often hear of horses disappearing when they have to stay on their own yard, it tends to happen when the horse goes on full loan with all the papers included.

    Good luck!
    speedy da fish likes this.
         
        01-28-2014, 07:43 AM
      #5
    Green Broke
    Thank you so much everyone!

    I am starting to feel much better about this :) Thing is, I am not getting any replies from the people interested XD

    DuffyDuck - The yard I am planning to keep him on is a big yard, 50+ horses maybe, always someone about. It's a riding school, training centre and a livery yard. The liveries are given their own little yard at the back.

    Comfortably Numb - Thanks for the link, I will give the whole thing a read!

    KatieQ - Thanks! I have third party insurance for my horse. Which I got so if he hurts anyone or someone else's horse whilst out and about, he is covered. I will have to check whether this includes me allowing other people to ride him though.
         
        01-28-2014, 08:27 AM
      #6
    Green Broke
    Don't worry about the lack of replies, someone will come along! You have to remember that it's the month after Christmas and pennies are short, and people don't want to venture out in the cold!

    If its a big yard like that, it is VERY unlikely that someone will try and load him up and disappear, as they would be seen and someone will know its not right and phone you, or your parents.
    speedy da fish likes this.
         
        01-28-2014, 09:06 AM
      #7
    Green Broke
    It's just so annoying... I had someone very interested (seemingly) and someone else messages me very soon after so I messaged her saying I had someone else interested so I will let her know how it goes. I now seem to have lost the interest of the second person (agggggg! XD)

    Oh well, at least I am getting responses.

    Thanks. I thought that keeping him on a yard would be safer. At home it will be just my (non horsey) parents and I think they will feel uncomfortable having someone they don't know at our house. It would also be nice to keep him on a yard with facilities so the person can get the best out of him :)

    I am currently scanning through a sample loan agreement and changing everything to my specification. So, I will be 100% prepared for when someone does message me!
         

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