Advice on loan agreement - The Horse Forum
 
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post #1 of 8 Old 01-27-2015, 04:06 PM Thread Starter
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Join Date: Mar 2014
Location: Corfu, Greece
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Advice on loan agreement

Hi everyone, I need some advice - again!
I was given my very first horse on loan and have had him almost 11 months. It's been a bit of a struggle but with the help of this forum, I feel that both myself and my horse are in a really good place right now.
The initial loan agreement was for 6 months and has expired. I live on a Greek island and his owners had to move back to the UK. He's 18 years old so they weren't sure if the traveling, then change of climate would be fair on him and they also couldn't really afford the cost of sending him to UK. I've kept them informed regularly, sent photos etc and they've been to visit him twice and are really happy with the way I've looked after him.
The problem is that the 19 year old daughter is coming to spend 2 months here this summer and will want to ride him. She rode him last time she was here and had him cantering up really rocky paths which I don't agree with. She also told me that he was used to endurance and that she worked him really hard, sometimes riding him for 6 hours.
Where they used to live is near a sandy beach so the terrain is much softer whereas in my area it is quite rocky and I'm really worried that she might harm him (not intentionally of course)
He's had an easy life with me, I ride him most days for about 1 hour, mainly walking, and he's pretty gentle with both myself and my children which suits me as the last thing I want is a horse that is hard to control. If she comes and rides him hard for 2 months, would that unsettle him?
I pay for all his upkeep etc so am I in a position to enforce some rules even though I now have no written contract? I wouldn't dream of stopping her from seeing him but hate to think that he might come to harm or become too difficult for me or my children to ride afterwards. Any guidance would be most appreciated, thanks.xx
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post #2 of 8 Old 01-27-2015, 04:18 PM
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Join Date: Nov 2010
Location: OK
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Sweaty blankets never hurt a horse. Before she comes to visit though, I would get my lease renewed with the parents. In it I would spell out when, how often and how long she may ride each time she rides. So, 3 times a week, 2 hrs each time or something like that. At 19 he's hardly ancient, though he's not a baby either. I would stipulate that if she's going over really rocky terrain that she must boot his front feet, boots supplied by her. That protects him from getting stone bruises and laming him or making him tender footed. Otherwise, sounds like she might make him more fit, I remember he needed muscling up from the last posts, and that can only be to his and your benefit. A fit, well conditioned horse will last longer.

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post #3 of 8 Old 01-27-2015, 04:55 PM
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I'd also think that part of the reason why they're continuing to loan it to you might be because the daughter likes to visit and ride. What did the previous loan agreement say about who gets to ride the horse? Who pays for vet costs?

If you're on the hook for vet then I'd ask to renew the contract with a new written agreement. Make sure that if they want their daughter to be able to ride they agree that they will cover any medical costs incurred from her riding. Maybe even a cost sharing agreement during the months when you will be sharing. If they don't want to renew a long term contract you can offer to give them an early out clause.

It's not uncommon to refuse to sign a contract and write up a new draft changing some of the language in the agreement and sending it back.
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post #4 of 8 Old 01-27-2015, 06:30 PM Thread Starter
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Join Date: Mar 2014
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Thanks Dream catcher Arabians and mrwithers, great advice.
I pay all the vet costs so will ask for a new contract where they will be responsible for any vets costs incurred whilst they are riding him. The original contract states that the legal owners have the right to visit him and ride him at agreed times convenient to both parties, which as I said would never dispute, so I'll work out a schedule with them so that he's getting the extra exercise but not being overworked, especially on any rocky paths. I've got a good relationship with them and don't want to upset them but at the same time needed to know that I have the right to ask these things of them.x
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post #5 of 8 Old 01-27-2015, 07:58 PM
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OY, keep in mind that laws in the US, which is where many of the people on this board live, could be VERY different from Greek laws, especially in the area of contracts. I would consult the legal professional in Greece to see what options you legally have under Greek law.

Of course, I would presume that you are always free to renegotiate the contract. So since you hae a good relationship with owners, there does not seem to be any impediment to arriving at a new agreement with them. Just make sure that any agreement you have complies with the laws in your areas for contracts.
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post #6 of 8 Old 01-28-2015, 12:12 AM
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By this point you know that you like the horse and he fits your needs. I'd be asking the owners about buying him.

R.I.P. JC 5/19/85 - 12/9/14. You made my life better.
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post #7 of 8 Old 01-28-2015, 08:52 PM
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Its fine owners being able to come and visit and ride occasionally, however if she is around for two months and plans on riding regularly it's not fair that you're covering all the costs.

I'd raise the issue with them, perhaps working out a shared cost or day schedule to know which days to ride.

However, ultimately he is their horse. They can do what they like with him.
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post #8 of 8 Old 01-29-2015, 08:41 AM
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I would hesitate to draw up a contract that said whoever caused the problem pays the bill, because sometimes problems crop up after the fact or the person who caused the problem doesn't mention it and then there's no way to prove who was at fault. It's better to either say you share costs 50/50 or one person pays the costs and that person decides who rides and how they ride.

ďWhen I bestride him, I soar, I am a hawk: he trots the air; the earth sings when he touches it; the basest horn of his hoof is more musical than the pipe of Hermes. Ē ~ William Shakespeare
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