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  Discussion on Sending a Horse out for Training
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Posted on Monday, Jul 8, 2002 - 12:02 pm:

Looks like my 4yo Friesian gelding has to go out for training. I broke my arm and he's had a 2 month vacation, now doesn't want to go back to work.

Any thoughts out there on what kinds of questions to ask? I know it is important to get everything in writing...

What about Care, Custody, and Control insurance for the trainer?

What about my liability if he hurts her? (He's a very powerful horse)

How do I word the training contract to see the results I want?

I will really appreciate any and all other thoughts/musings/opinions/lessons learned!

Thanks,
Joni

Posted on Monday, Jul 8, 2002 - 1:43 pm:

Hi Joni,

I always recommend talking with an attorney, preferably one who deals in equine law. Most attorneys will draft training agreements for a "flat fee" which is more cost effective (and cheaper) than taking the risk of writing the agreement yourself and making a mistake.

I always tell my clients the following: If my horse needs to be shoed, I call my farrier. If my horse looks sick, I call my vet. If you have any legal questions, please call an attorney. As an equine attorney I regularly encounter disgruntled people who need my assistance in Court because they did not talk to an attorney prior to drafting a legal document. This is a very expensive mistake and can be easily prevented.

An attorney will likely charge a fee in the neighborhood of $200 to draft a training agreement that will address all of your concerns, the duties of the trainer, the duties of the owner, how disputes are to be resolved, and most importantly, in what forum. Finally, the agreement will be tailored to your specific needs versus a generic "form".

If you take the gamble and do the agreement yourself, and your agreement lacks this critical language--it will cost you at least $5,000 to hire an attorney to resolve your dispute in Court. By hiring an attorney before there is a problem, you are "insuring" that your agreement is enforceable and addresses every foreseeable circumstance so you do NOT have to go to Court.

I have an article on this issue on my website. I encourage you to read it, and contact an attorney.

Good luck,
Caroline C. Cooley, Esq.
www.horse-attorney.com

Posted on Monday, Jul 8, 2002 - 3:32 pm:

I second what Caroline has to say, emphatically, prevention, just as in worming, is the name of the game. And her contrast in expenses is exactly what I encounter in my part of the country -- writing up documents ahead of time to protect yourself will cost in the hundreds of dollars, having to entangle a mess afterwards costs thousands at a minimum, and far more time, and probably destruction of a relationship. And . . . the real pain of it is, that despite spending all that money after things have gone wrong, you rarely get a solution as good as what taking time to prevent problems up front can get you. A training contract is especially ripe for problems as there are so many issues to cover and one is entrusting one's horse to someone else who is also putting their safety and livelihood at risk by taking on that horse. Going through the process of what to put in a contract with a lawyer and what you want with the trainer is also a valuable "clinic" as you learn just what sort of relationship you can expect and sort out where your goals and methods are shared or conflicting and resolve them ahead of time.

OK, enough posting for today, got to go write up some contracts for my own clients.

Best of luck, you're on the right track with your questions.

Fiona

Posted on Tuesday, Jul 9, 2002 - 7:38 am:

I am also in the process of investigating trainers to send my youngsters to.

Would you all say that the above would also apply to trainers whose entire business is taking in horses for training? (As opposed to trainers who also do lessons, etc.)

There is a "natural/round-pen" husband/wife training team who do clinics, etc., near me & who come highly recommended by my vet as caring, knowledgeable folks with a very nicely run facility. In a case such as this, would a lawyer still be necessary?

Posted on Wednesday, Jul 10, 2002 - 8:56 am:

Absolutely. I'm curious, why would giving lessons or not cause your reasoning to change?

Posted on Friday, Jul 12, 2002 - 8:31 am:

I don't know - I guess I would just be more wary of someone who was doing training as a "sideline" versus someone who was doing it as their sole incorporated full-time business.

Posted on Friday, Jul 12, 2002 - 10:37 am:

Good point, amateurs versus professionals in the good sense of the word. Latter more apt to have proper insurance etc. Yet, possibility for misunderstandings, need to be clear on what parameters of agreement are, etc. persuade me a contract is necessary in both instances along with all the reasons discussed above.

The written contract is not about signing something without reading it on the hood of a vehicle while the horse is being unloaded. It's about the thoughtful writing and reading and discussing of a document that provides a framework for your relationship. Do that right and you will have the best of contracts, one that is very important in the creation and signing phase and then because it anticipates and resolves possible problem areas sits prettily in your file cabinet and never needs to be referred to again. Sort of alawyer's version of "and they all lived happily ever after.!"

On another note, as an "other mother" of nearly 4 month old colt and a nearly 16 month old colt how old are your youngsters and what sort of training are you thinking of sending them out for? What questions will you ask your prospective trainers in assessing if you want to entrust your horse(s)to them?

With my yearling I am toying with racing him, if I can get enough investors who are interested in a racing partnership where the horse's welfare calls the shots. Despite most racing partnerships having extremely low chances of making money and being more about spreading losses and enjoying the sensations of saying one owns a racehorse and all the racecourse perks that brings, I'm not sure can be done. Stay tuned on that one. If it does come to fruition shall be sending him out this fall for backing and initial under saddle work and then having back for winter until late spring training. He won't race as a two year old unless shows exceptional physical and mental maturity and even then only at tail end of 2003. Otherwise, backing will start next spring -- yikes.

Hope the legal comments helped and the rambles were of interest.

Fion

Posted on Saturday, Jul 13, 2002 - 11:53 am:

My "training goals" at this time are far less than intense than yours - lol!

I have a 2-year old Oldenburg/TB cross filly who I would like to begin light ground work & an 18-month old Connemara/TB colt who needs to learn some respect/manners from someone more physically "stable" than I am at this time. (Due to an accident - broken back & leg - I am rather out of commission at the moment.) I am also interested in having both taught to load comfortably on a trailer.

The husband-&-wife team trainers I have in mind are advocates of "round-pen reasoning" & came highly recommended by my veterinarian (he's their vet as well). My vet advised that they are very knowledgeable & have a very nice facility fairly close by to me, so I'd be able to keep an eye on things first-hand - which they, by the way, they strongly encourage, which I like.

They have been to my farm & have invited me to stop by their place & watch them work with a variety of horses, which I plan to do before making a decision. Offhand, they seem honest, trustworthy, & knowledgeable.
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