contract question

[andrea]

I took my paso to a trainer yesterday. I was wondering about the contract I had to sign to get my horse boarded and trained. This is what is in question. In the event any claims for loss or damages are made by a third party against (boarders resident) , the undersigned assumes all responsibilities for loss and for damages and agrees to reimburse and indemnity (boarders resident) for any claims and all expenses incurred by them, including but not limited to attorney fees, by reason of said claims.
This seems to put us responsibe for the trainer, stable cleaner and feeder. What if someone left the door open and horse got out and ran over some one? Or a small child went to pet horse and got bit. Or the horse kicked the stall cleaner? Do all boarding and trainers contract have this in it? Seems like this puts the responsibility of the horses owner instead of the boarding facilities when we are not there to oversee what is going on. Your opinions please.

[Terri]

Just thinking out loud here, I am no expert, in fact I know very little actually, but I do have a couple of boarders and have thought about my liability if a boarder's horse hurts a 3rd party and even discussed it with my insurance agent. As a result I do carry liabiltiy insurance for horses on my property that do not belong to me. And I bet your boarding/training stable does the same. In fact this sounds like something their insurance company suggested they put in the contract, because wether or not there is any wording like that in a boarding contrating, an injured 3rd party is going to sue everyone in sight (the property owner, the horse owner, the neglegent groom who left the door open) and it will be up to the courts to sort it out: who is neglegent, responsible, etc... and it wont be pretty. I also insist any people my boarder lets on my property to use their horse (mother, sister, child,friend....) sign a waiver. I really don't want to be liable for their 3rd parties. It is a shame in today's day and age we are so litigeous (did I spell that right?).
I will be interested if this is "standard" wording in a boarding contract and if it does any good. I'll go redo mine and get my boarders to sign again.

[Abejita]

OR they DONT carry their own liability and the wording is to protect THEM if another horse does something..Ask them if they have liability. I would think that if they are taking your money for the care and custody of your horse (there is a 'care custody and control ' insurance. I know when the boss stopped boarding he was able to drop it and save some bucks but I had to sign a paper saying I wouldnt hold him responsible if something happened to my personal horses. )they should have liability if any horse in their care does cause an accident. But on the other hand a few contracts I have read basically cover everything..kinda double talk..they will say they are not responsible but all state that they have liability..its just a way of covering your ASSetts...

[Terri]

Well, if they are running a "real" boarding/training facility, they darn well should be carrying liability insurance, because all the wording in the world in a boarding contract will matter not if they are in anyway found neglegent or responsible by a court.

[andrea]

I called my insurance company and they said they would not be able to be liable for the person owning the boarding -training stables. Called my lawyer and he also said the same. So, I headed down to pick up my horse. They are such nice people and I really like the trainer so I hated doing this. And I have been waiting 2 years to get this girl trained. When I got there we went over the contract and they took that part out. SO my horse got to stay. I have to say I was so happy. :D Cant wait to see her under saddle. Thanks for the responses.

[CarolU]

Andrea, did you find out about their insurance? Are they covered with a 3rd party or not? Also, is your horse covered while there? I can see covereage for certain things (fire, theft, neglect on their part) and not for others (illness, horse doing stupid things).

Just wondering.

[Abejita]

horse doing stupid things

Well actually they SHOULD be covered for this..for example if the horse gets out and say runs onto a road ,causes and accident and the driver sues..(I think that falls under the care custody and control clause??.) Comes back to while that horse is there,and they are accepting money for its care THEY are responsible.

[andrea]

Yes Carol they do have insurance. We talked to our insurance person and with that clause in there contract it would of made us responsible to pay there lawyer and any loss in monies even if employee left the barn door open and horse hurt someone. He said for us to get insurance to cover barn owner we would have to insure there boarding business. Lawyer also said the same. I had no choice but to go pick up my horse. But it was all worked out. ANd horse is staying there. Sure glad we were working with such nice people.