in the event that the facility needs to preside over
an emergency vet call after hours? Will the facility
require proof that the horse has been vaccinated
before being brought in? Can the boarder bring in
an outside trainer to come in and give the boarder
lessons or work with the boarder’s horse? Does the
stable have other rules of conduct not included in the
boarding agreement that need to be referenced?
A well drafted boarding agreement contemplating all
of the needs of the facility operator and those of the
boarders should be drawn up by a qualified attorney.
If a lawyer has a good handle on the equine industry,
a basic but custom tailored document designed to
protect the interests of the facility operator while
treating its customers fairly can usually be drafted
within four hours, costing somewhere in the range of
$1,000. That document can then be used repeatedly,
protecting your business interests and against liability
in every similar transaction.
Most people try to avoid lawyers until they “need”
one but what they fail to realize is that the cost of
waiting until a problem arises can prove to be much
more. Should a dispute arise over non-performance,
a serious injury, or otherwise without a written
agreement in place expect the attorneys’ fees to grow
exponentially beyond the cost of documenting the
transaction and with a lot more heart ache.
If you currently board horses on your property
and those arrangements are not memorialized by
a contract, or if you use a contract that has not
been drafted specifically to meet your individual
needs, you are sitting on a powder keg. Having
to deal with abandoned horses, non-payment,
disgruntled boarders or, in a worst case scenario,
the consequences of an injury that occurred without
proper liability provisions in place can destroy your
business and take the love out of your labors.
A properly drafted contract will protect you against
these risks and can be used over and over again for
each new client. Having these documents in place will
also help demonstrate to taxing authorities that you
operate in a business-like manner and may allow you
to write off expenses you otherwise could not deduct if
having horses at your property is classified as a hobby.
If you are already using written contracts to define your
boarding relationships be sure to have them regularly
reviewed by a professional to ensure that they comply
with changes in our ever evolving laws.
Adam Trenk is an Attorney at the Rose Law Group
pc, and practices in the areas of Equine Law, Land
Use, Public Policy, Community Relations, and Business
Law. He is a Lifelong and Avid Horseman and is the
Executive Director of Canter Arizona, a 501c3 that
Helps Rehabilitate and Find Homes for Ex-Racehorses.
Mr. Trenk served as an Elected Member of the Cave
Creek Town Council from 2009 to 2011 and today
serves as his Community’s Vice Mayor after being
re-elected in 2013. Having Horses of his Own, Trenk
is a champion of the Local Equine Community and
supported by the Arizona Horse Council. He can be
contacted by email at [email protected] or
by phone at 602-402-3335. Like him on Facebook at
www.facebook.com/EquineAttorneys.
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AZintheSaddle.com
January 2015
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