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  Discussion on Boarding contract and liability release
Author Message
Member:
juliem

Posted on Sunday, Oct 26, 2008 - 2:26 pm:

I'm thinking of taking on a boarder, a 5 month old colt, mostly so my recently acquired 7 month old will have a companion. I would love any advice any of you can give me regarding a boarding contract and liability release. I don't want to end up losing the farm to someone who gets hurt or lets a horse out to cause an accident on the road! I find as I get older, my imagination runs to all the horrible possibilities! If any of you have a copy of yours you could email, I'd be so grateful! My email is in my profile. Thanks, Julie
Member:
erika

Posted on Sunday, Oct 26, 2008 - 6:31 pm:

What a coincidence, Julie. I took a boarder today, with the same fears as you. I just downloaded the HA version of a generic boarding contract. Look under "Law and Business", I think.
It is a pretty good one. Also this current issue of EQUUS magazine has an excellent article on minimizing your liability when it comes to horse stuff. I took a line or two from the article to amend the boarding contract.
Also, check your states equestrian protection statutes. I don't know if that is the right name, but many states have laws now that protect you from litigation stemming from horse activity. You must, however, post a copy of the law at various obvious places on your property in order to be covered.
I bet the "kids" will have a good time together!
Moderator:
DrO

Posted on Monday, Oct 27, 2008 - 8:47 am:

Hello Ericka,
Can you help us our with the changes you recommend? Julie, as Erika comments, most states now have a liability limitation statute that requires posting a sign with specific statements about horseback riding being a potentially dangerous sport etc... etc..., usually available at your local horse supply store.
DrO
Member:
erika

Posted on Monday, Oct 27, 2008 - 11:21 am:

I changed very little other than adding the line:
"All persons on STABLE premises are "participants" in horse activities, not "spectators" under the Equine Activity Statute of New Jersey. Participants agree that horses and their associated activities and inherently dangerous, and participants agree to hold STABLE harmless from any resulting damage, injury, or death."

That was excerpted from the EQUUS article. I also simply personalized in the "care" section that grain and hay amounts would vary as to time of year since my boarder agreed that her horse would be managed as mine are. No year round stall, etc. because we only stall occasionally, and feed differently depending on pasture condition.

The EQUUS article emphasized that signs must be placed in several obvious and noticeable areas in order to be considered advisory. Simply hanging one in the tack room is not enough. They recommended one at gates, grooming areas, lounges, etc. so nobody can miss them.

I don't know about you, but I am still a little nervous...
Erika
Member:
jowidner

Posted on Monday, Oct 27, 2008 - 12:03 pm:

Julie I certainly understand your concerns. A while back I looked into boarding another horse and found out that my home owner's insurance would not cover it, and to get coverage I would need to go to a different company and pay a much higher premium.

In the end it made more sense for me to forgo the boarding than to take on the additional insurance cost and worry. But if your insurance is already okay with it or additional coverage only involves a small fee then you may be good to go once you get your signs posted and a contract drawn up.
Member:
dsibley

Posted on Tuesday, Oct 28, 2008 - 7:15 am:

I agree with Jo Ann. When my husband and I built our barn, it was with boarding in mind, so I had already done some research into liability and associated costs. Insurance for care/custody & control as well as general liability is pricey, but you wouldn't want to be without it.

Certain activities are more costly as far as premium dollars. Having a stallion on the premises will cost more, as will allowing boarders to drive their horses. I am prohibited from hosting jumping competitions without a huge fee, and I can't take money for training (OK...no one would pay me anyway!!...). Different companies of course have different rules, but you can work with your agent to lower premiums based on the level of boarding you do and the activities you plan to have at your barn.

Despite some of the financial burdens and headaches, I do enjoy running a boarding stable, and would offer to help others who might want to start the process. I'm certainly no expert, but have probably made mistakes that others could benefit from avoiding!
Member:
juliem

Posted on Tuesday, Oct 28, 2008 - 8:45 pm:

Thanks to all of you for your input! I should have known Horseman's Advice would have what I needed! I hope this isn't a mistake--it sure seems to have a lot of pitfalls! I just hate seeing my weanling be the "odd man out." My pony won't let him near HER gelding, the two yearlings gang up on him and my vet says he'll start acting studdy if I turn him out with them (they are fillies) and he hasn't DrOpped his testicles yet so don't want to geld. That's another question I guess--will he start studdy behavior without any testicles in view at 7 months? Oh well, like all things horse related, it depends! Anyway, at least this way I won't go out and BUY another weanling!! Is that how we end up with so many??
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