accurate invoice. When selling a horse, make sure
all parties execute a bill of sale, detailing what if
any warranties or representations are being made.
If you board or train horses, be sure to have a
well drafted agreement in place, clearly defining
the rights and obligations of all parties, and bill
your clients monthly. If you are a farrier, or hay
supplier, documenting your business is just as
important. Having documents in place will not
only help in keeping track of your clients, but it
will help you avoid disputes, and ensure tax and
regulatory compliance.
Utilize Liability Waivers. Every horse owner
should have a liability waiver in their filing
cabinet. This document should be signed by
every person you allow to come in contact with
your horses. Under Arizona law, failure to have a
participant in equine activities execute a properly
drafted liability waiver could leave you exposed to
liability in the event you them to use your horse
and they become injured.
To maximize your success in the Year of the Horse
ensure you are in compliance with all applicable
laws and regulations governing your operations,
effectively document all transactions, and protect
yourself from liability using a comprehensive
waiver. If you are not sure that you are in
compliance with local zoning ordinances or need
help navigating through the rules and regulations
of an association, a licensed equine attorney can
help assess the situation and ensure the legality of
your operations.
Having access to a lawyer well versed in the
equestrian industry will also make documenting
business transactions less daunting. In many cases
your attorney can help you draft a document
one time that can be used over and over again.
Boarding and training contacts, bills of sale,
leases, breeding contracts, and more can be
crafted to allow you the flexibility to use them
repeatedly. If using the right forms helps you
avoid even a single dispute, then it will more than
have paid for itself.
The Year of the Horse presents the perfect
opportunity to set yourself up to be maximally
productive going forward. In my practice, I
find that most of my clients wait to engage my
services until after a problem arises. In most
cases those problems could be avoided and
money and time would have been saved if these
steps had been followed from the outset. I hope
you found my pointers for success in the horse
business helpful and wish you the best in all of
your pursuits!
Adam Trenk, of the Trenk Law Group, PLC,
practices in the areas of Equine Law, Land Use,
Public Policy, Government Relations, and
Real Estate Law. He is an Avid Horseman and
is the Executive Director of Canter Arizona, a
501c3 Non-Profit 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
the Community’s Vice Mayor after being re-elected
in 2013. 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.
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AZintheSaddle.com
February 2014
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