Elements of Horse Boarding Contracts
A horse boarding contract establishes the terms and conditions of the relationship between a boarding facility and the owner of the horse to be boarded.
The contract spells out the duties and obligations of the parties, the remedies available to the nonbreaching party in the event of a breach, and the timing for payment of any sums due. If a dispute arises that results in litigation or arbitration, the contract will generally be used by a court or arbitrator to determine the rights and obligations of the parties, what damages should be awarded, and the amount of damages awarded to the winning party . The contract between the horse boarding facility and the client should clearly set forth the agreements reached between the parties so that there can be clearly understood expectations with regard to the rights and obligations of both parties. The contract may also include blank spaces for the specific charges, fees, and amounts to be paid for services rendered, however, these charges, fees and amounts should be filled in on the contract at the same time as the other terms and conditions of the contract are discussed and filled out normally by the parties.
Important Provisions for Your Horse Boarding Contract
To avoid an unstable contract, it is wise to include in the contract the following elements:
- Boarding fees: The contract should reiterate the amount of fees due, when they are due, and what happens if they are not paid on time.
- Services provided: The contract should state whether food will be provided, exercise will be provided, or if the horse will have access to run out in a field. If no exercise is provided, will the horse be given opportunity to run out in a pasture on its own? Is there access to wash stalls/heated water in winter? Is there any veterinary or farrier service provided?
- Emergency care policies: The contract should state what constitutes an emergency that would allow the stable to provide emergency care to the horse at the owner’s expense.
- Liability waiver: The contract should contain a liability waiver that outlines what situations will not hold the boarding facility liable.
- Rules and requirements: The contract should state any facility rules, as well as the facilities requirements of the horse owner.
The above are just a few ideas for your horse boarding contract. Consult a professional to develop a more detailed contract.
Assigning Duty
A horse boarding contract should as a general rule address the following responsibilities: the care and feeding of the horse, veterinary responsibilities, and facility maintenance. If there is something you expect that is not outlined in the horse boarding contract I encourage you to spend the extra time that it takes to have it inserted into the contract.
In negotiating responsibilities for each party, I do encourage horse boarding facilities to insert feeding guidelines into the contract which may include things like "grain shall be fed two times a day unless otherwise specified." Oftentimes horse owners think that the facility will feed their horse twice a day when in fact they only feed horses once a day in the morning. It is important for the facility and owner to be clear on this issue so there are no disputes after the contract is signed.
It is important to make sure that the feed described in the contract is the feed you actually receive for your horse. In most instances, the facility will have the feed you want in stock. However, if you want a specific type of grain that happens to be expensive or hard to find you need to be very clear in the contract that only that type of grain will be fed to your horse.
The contract should also clearly designate who will be responsible for veterinary care for the horse. Some facilities will take care of all veterinary care and ask the owner to sign a medical release form. In circumstances where the owner has contracted for oversight of all veterinary care, it is important to obtain second opinions for all medical testing and treatment. Most owners will look to their barn manager or owner for recommendations for treatment. If the animal has been diagnosed with a life threatening illness, it is in everyone’s best interest for the owner to obtain a second opinion.
It is also the responsibility of the facility to maintain the fencing around the property and always make sure that the gates are secure. When horses are hurt because they were able to escape the property or a person is injured when bitten or kicked by someone else’s horse the facility is likely to be liable. This liability can be avoided or minimized with proper risk management.
Liability and Insurance
Establishing a liability disclaimer in your horse boarding contract can be critical. Just as terrain is a key factor in an enforceable liability waiver, so too is the location of the boarding facility. Some states have very specific statutes outlining the boarder’s liability for boarding a horse on leased premises. In Michigan, for example, the Horse-Men’s Liability Act 1994PA 24 allows a boarding facility to limit its liability to three categories: improper medical treatment , gross negligence or a contagious disease not contained prior to the boarder’s arrival. This act applies in circumstances where the owner of the boarding facility is not a veterinarian and is only liable in the limited circumstances spelled out in the statute. Customizing your contract to the liability protections of your state can protect you from suits when keeping horses for others.
Insurance is a must, both for your own protection and for that of your customers. Farm liability policies are often amended to give clients a reduction in their premium when they agree to sign a hold-harmless waiver. Because your business is caring for other people’s property, it is crucial to properly insure this risk and save yourself considerable headache and expense down the road.
Provision for Dispute Resolution
Conflict resolution clauses are essential in the event that the parties are not able to resolve the issue amongst themselves. For example, if the horse boarding facility finds it is spending too much time with the horse owner discussing where the horse is standing or whether the horse owner is adhering to the barn rules.
There are two primary options for resolving disputes through alternative dispute resolution mechanisms: mediation or arbitration. A mediator is a facilitator that works with the parties to help them come to a resolution. The mediator will meet with both parties, individually or together, and will work to negotiate a solution. If that does not work, the mediator will basically give both parties a reality check and try to get them to realize that they are going to spend more to pay a lawyer than they would to resolve their conflicts.
Arbitration, on the other hand, is somewhat binding upon the parties (unless you have a provision allowing appeals, which I do not recommend). Arbitrators are not judges, but they sit in a court-like manner and hear the matters relating to the dispute and then make a determination or award. After the award is made, the prevailing party can take the award to the courts in order to try to enforce it.
Tailoring it to Fit Specific Needs
There are a variety of ways that the horse boarding contract may be customized to meet the needs of the individual parties involved. How the horse is being boarded is a key component of whether a specific term should be included in the boarding contract. Is the boarding facility providing you with a space to perform all of the horse care duties or is the boarding facility providing you with a designated stall that you can occupy with your horse? Do you intend for your horse to be out during the day and in during the night, or do you want him there all of the time? These considerations affect whether the boarding contract needs to address in detail what administrative services the horse boarding facility will be providing other than board.
For example, if the boarding facility is going to be providing its services specifically for owners looking to board foaling mares, then the foaling contract should be very detailed in its administration services. If, on the other hand, you are going to be provided with nothing more than board and you are going to perform all of the horse care duties yourself including cleaning the stall , dumping the manure in a designated area on the boarding premises, and providing all of the feed, you don’t need to get into all of the details of who is responsible for the foal, the vet care and anything else. All you need to state is that you intend to board a foal mare and her foal on the property for ‘X’ period of time, from ‘X’ time until ‘X’ time and provide notice when you want to leave. You may also want to consider whether the barn will be providing for the veterinary care, trimming and shoeing.
If you are planning to board your horse at a boarding stable that provides three meals a day, trims, shoeing and veterinary services and your only responsibility is to perform the actual stress-free exercise of the horse, you certainly only need general terms in your boarding contract. If, on the other hand, you intend to be responsible for mucking the stalls, as this mare is planning to do, you need to be much more specific to avoid a potential termination of the contract.