Navigating the Basics of a Horse Boarding Contract
Horse boarding contracts address many relevant factors, including basic care and use of the premises, but also liability and indemnification. Ideally, they should reduce the risk a horse owner or a boarding facility may experience from potential accidents, injuries, damage to property or other liabilities.
Liability waiver provision
For example, it is likely the case that a contract will specifically disclaim the Boarder’s further liability for any injury or damages related to the use of the property. This means that should any accident occur on the premises, or if the horse owner or Boarder is sued for whatever reason, the horse boarding facility or Owner will have specific language in the contract that includes a waiver or disclaimer of liability. This means that a legal finding or ruling may be in a horse boarding facility’s favor so long as its actions do not amount to gross negligence, a standard which is very high.
Indemnification provision
Contracts may also include an indemnification provision, which states that the horse boarding facility indemnifies, or protects, the horse owner against any loss or litigation costs . That is, so long as the horse owner was not negligent or conduct themselves in a grossly negligent manner, the facility will assume the cost of any lawsuits, fault for which shall be borne solely by the facility’s insurance and not against the owner’s assets. Indemnification may also extend to various third parties, including guests, other boarders, or family members of the owner.
Care provided
A horse boarding contract should also be clear as to what type of "boarding" is provided. Does the facility provide sole and exclusive use of a stall or paddock or is it shared among other boarders? Does the facility provide food or feed? Does the facility take care of medical needs, such as arranging for shoeing or regular veterinarian checkups, or must the owner do that? Does the facility have any discretion in making any of these arrangements or is this entirely at the owner’s discretion?
Finally, does the contract state that the Owner is solely responsible for supervision of his/her horse(s) while in the Home Owner’s care, at all times? For example, boarders and their guests are expected to supervise children as well as their horses. If any child or guest is injured or sustains an injury from the Boarder’s horse, liability would fall on that boarder or guest.
Horse Boarding Agreement Critical Clauses
Much like tribal sovereignty, horse boarding contracts can be very diverse, and are often unique to the specific facility. However, there are some key clauses that should always be present in a horse boarding contract.
Liability: The most common clause in any horse boarding contract will be a liability waiver. The language here should clearly delegate responsibility and liability for injuries, deaths, and other accidents. Many professional boarding facilities require their clients to sign a liability waiver acknowledging the risk inherent in any boarding relationship. Be aware that there are limitations on the enforceability of liability waivers in some states. For example, while Virginia and North Carolina have relatively permissive law on such agreements, in Tennessee such unwaivable clauses may be null and void as against public policy.
Payment Terms: This has to be in an understandable form. "Due upon receipt" is frequently used and it is an understood payment schedule, but the amount due and the bill due date must be explicit. A horse owner boarding at a professional facility should never have to guess the complicity of his or her monthly boarding bill. If your normal monthly bill is $350 but you drew an extra water bill during January due to the freeze, then that charge would be added to the monthly bill. It is not reasonable to be forced to pay $700 in February for being careless in January.
Failure to Care for Horse: All horse boarding agreements must address the level of care for the horses boarded. For example, the level of care for a race horse will be more intense than a recreational horse or a brood mare. We recommend having a clause stating that the boarder is responsible for feeding the horses, keeping the stalls clean, watering the horses, shoeing or trimming the horses and all other daily chores. In other words, the facility should be liable for exactly that — filing a stall with two or three bales of alfalfa or timothy hay, and maybe five to eight gallons of water per day. The cost of every bag of sweet feed, grain and supplements should be itemized, with the horse owner receiving sale pricing. Cleaning a water tank once a month is not the same thing as watering the horses. Adhering to the above will free the barn owner from much of the liability he or she may necessarily face.
Getting Started with a Horse Boarding Contract
The horse boarding contract is a legally binding document that provides legal protection for both the owner of the property and the boarder. This contract can be tailored to meet the specific needs of your boarding facility.
Care: Some aspects of care for the horse may differ from one boarding facility to another. If you provide additional care above and beyond the agreed upon basic care, these details can be addressed in the contract. You may specifically identify care services that will be given. You may offer private turnout, grooming services, training or special feeding instructions. Whatever services you include, be sure to state whether these services are included in the boarding fee or may be provided for an additional fee.
Facility Rules: Each stable may have rules that must be adhered to by the horse owner, their friends and family. These rules might include the times for grooming and exercising, prohibitions against smoking on the premises, prohibitions against use of cell phones in certain areas, prohibitions against alcohol, etc. These rules should be included in the contract to minimize conflict with the boarder. In addition, if only certain folks are allowed on your property, such as trainers and farriers, list those individuals in the contract. If there are private areas or stalls which are off limits to boarders, include them in the contract.
Liability Waiver: When a horse user signs the horse boarding contract, they are acknowledging that they have received and read a copy of the contract. When they sign the contract, they are agreeing to abide by the rules of your facility. They are agreeing to assume all liability pertinent to their activity at your facility. They agree not to hold you, other boarders or your staff responsible for any injury to themselves, their guests or their horses while using your facility. To further protect yourself from liability, you may opt to insert a liability waiver in the contract and require initial after each paragraph.
Other considerations for customizing a horse boarding contract: Consider adding a section for rules governing the behavior of boarder’s guests and family members. You may further reinforce the importance of these rules by advising the horse owner that their guests and family members must abide by the rules if they wish to visit or any violation of these rules may result in their eviction.
You might also add a section to the contract requiring boarder to take a general equine first aide class. Their attendance at this class may reduce the incidence of accidents and allow boarder to better understand the symptoms and signs of disease in their horse.
Legality and Compliance in Horse Boarding Agreements
A horse boarding contract serves as a legal document outlining the responsibilities and obligations of both the boarding facility and the horse owners or their agents. To avoid potential disputes, it is essential for both parties to have a clear understanding of the terms set forth in the contract. And while any horse boarding contract is meant to protect both the brief and the customer, it is also subject to enforceable agreements and local laws.
Local ordinances, statutes, and regulations may or may not govern a horse boarding agreement, but it is important to research applicable laws concerning liability, distance between farmed animals and residential homes, and zoning restrictions that may apply to the boarding or farm facility. Much of these ordinances concern animals on a property, and how close such animals and their waste are to residential homes, schools , and other facilities. Other ordinances may have to do with the distance between such residential homes, and the farmed animal facility.
A well-drafted horse boarding contract is subject to contractual law and the statutes specific to the locality in which the boarding facility resides. If the obligations spelled out in the boarding contract are not met, the party not in compliance may face rescission and/or damages for any loss suffered. Such loss may include damage to the horse, mental anguish, stable fees, veterinarian bills, and any other economic loss suffered. Such statutory damages may be in addition to any punitive damages awarded. A dispute between the boarding facility and the horse or the owner of the horse may involve the jurisdiction of the courts, as stipulated in the contract, and may even become a small claims issue depending on the amount of damages involved.
Factors to Consider When Choosing a Boarding Facility
It is important to ensure that the facility you select is both safe and secure with a fair and consistent record of care. The more reputable boarding facilities will have basic veterinarian procedures on hand. These include records of vaccines, deworming and general medical history, as well as a farrier schedule. They will perform routine vaccinations, have a farrier on staff or schedule on-call, and generally seem to know what has been done with the horse. In addition, a good facility will allow you to see the barn and pasture area where your horse will be kept without any issues and will seem concerned about the health and safety of your horse.
During your search for a safe and suitable facility where your horse may be kept on a boarding contract agreement, be sure to ask whether the barn is insured and whether the barn owners will provide you with a copy of the policy. You also want to inquire whether the barn is licensed in the event of an emergency with your horse. Some states operate these facilities under the auspices of the state Board of Equine Health. It may also be important that the boarding facility is a member of the America Association of Equine Practitioners ("AAEP"), which has established best practice standards for members to follow.
Finally, do not overlook the simple things in hiring a facility where you may need to board your horse. Make sure that there is adequate and safe turnout for your horse with general grounds maintenance. Make sure that the boarding facility is close enough that you can get to it in the event of emergency and that they will allow you to come visit your horse as often as you wish. You want to make sure that the facility has a safe and accessible parking area, access to water and toilets, and that you will be able to see access to or have use of the indoor and outdoor arenas or riding rings without issues. While in selecting the right facility for your horse, be sure that you negotiate with the facility to get exactly what you want in the horse boarding contract agreement. The fact is that you have leverage in negotiating with the facility because if you do not work out a reasonable agreement, you can walk away. Just be cautious about entering into the horse boarding contract agreement with a friend or someone with whom you have a close relationship, because the relationship could become strained if problems arise.
Sample Horse Boarding Contract
Sample templates for horse boarding agreements can be found on the Internet. These are a great starting point for drafting your own contract. To draft a contract that meets your needs, you should be sure to include provisions addressing some of the following elements:
◊ BOARDING TERMS. Describe the exact terms of care that will be provided to the boarder. Will pasture board be provided, stall board , options between them?
◊ TERM. How long is the contract in effect? You may elect to allow either party to terminate the agreement on short or no notice. It may be that both parties must deliver 30 days written notice of termination.
◊ FEES. What are the fees and the terms for payment? Payment of $300 will be due upon execution of this Agreement. The balance will be paid in full by the 1st day of the month.
◊ DEFAULT. What happens if someone defaults under the contract? The contract should specify what constitutes a default and what remedies the parties have upon a default.
These are just some provisions to consider. Among other issues that you should address in your contract are Boarding Rates, Responsibilities of Boarder and Owner, Duties of Owner, and Indemnification.