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Without
a written contract, problems will arise. At very least, you may
have a dissatisfied client - at worst, you could face a costly,
protracted court battle!
A
six page document written in legal jargon is likely to frighten
clients and is not necessary. But the contract should be neatly
typed and set out the broad agreement between the livery yard owner
and the client and be signed by both.
While
a valid contract, creating legal obligations
which can be enforced by a court, exists from the time you take
payment for providing a service, an oral contract relies on memory and
interpretation and can always be disputed. Put it in writing so
that the terms are clearly understood.
The
contract should:
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Identify
the parties by name, address, and contact
number.
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Identify
the horse/s by description of the horse, its name and if possible
a photograph attached to the contract and initialed by both
parties. Include a detailed physical description of the animal,
its condition, and details of pre-existing injury. Tack and
equipment provided with the horse also should be listed and
identified.
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Detail
all costs, and who is responsible for them. Veterinary and
farrier costs are usually the responsibility of the owner, and
this should be included. Detail any additional costs:
worming, clipping, additional supplements required and whether
they are included in the livery charge or how much will be
charged.
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Details
of services included in the livery charge. Is exercise
included? Will the horse be groomed and saddled for the
owner. Will tack be cleaned regularly? Spell out in
detail the services and facilities that you agree to provide as
part of the livery charge.
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A
waiver of liability should be included in which the horse
owner agrees to a waiver of the yard's liability for personal
injuries or injuries to the horse. (This would not protect the
livery yard owner against a claim for negligence.)
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Include
credit terms - when the bill should be paid, whether in advance or
arrears, and include a provision for an extra charge for bills
overdue (or a discount for prompt payment!) Also include a
provision for recovery of legal fees, if
needed, to obtain payment.
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An
emergency Veterinary care authorization, including a clause
allowing euthanasia on veterinary advice in an emergency if the
owner cannot be reached.
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If
an animal is covered by mortality or loss of use insurance, that
fact should be noted by the owner in the livery contract.
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Include
the hours during which owners are welcome to come and ride or
visit their horse/s.
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If
and how often the horse is to be turned out, and if it is to be in
a group or individually should be decided and written in.
ALL
contracts should be reviewed by your legal adviser to ensure that they
comply with your needs and protect your interests.
Livery
Yard Rules
Every
boarding stable owner should post a copy of their rules and their Lien
on animals and effects, in a conspicuous place in the stables.
In in case of non-compliance with with either the rules or
payment arrangements, the client cannot claim ignorance of the
existence of these policies or the ramifications of violation. In
addition, ask clients to sign and give them a copy of the rules when
they move in. Any Lien on animals and effects should be clearly
stated in the livery contract, which they should also sign.
Sample
Rules:
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Stable
is open from 7:00 am to 8:00 pm only. Clients may ride only in the
stated hours unless otherwise arranged.
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Clients
must make appointments to visit their horses outside these hours.
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Absolutely
No smoking in the yard.
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Please
help keep the yard clear of tack, brushes, halters, hoof pickings
or manure - pick up after yourself and your horse.
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All
vehicles must be parked in the parking designated areas.
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No
visitors are allowed in the stables or the fields.
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Do
not feed your horse. If you believe your horse needs its rations
increased, please notify the manager. Feeding your horse outside
of the regular feeding period can cause disturbance to other
horses.
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No-one
is allowed to ride on this yard without a hard hat and safe
footwear.
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Always
mount and dismount outside, unless you are riding in the indoor
arena.
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No
running or shouting in the yard or fields.
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Always
check your tack before riding. The stable will not be responsible
for the quality of repair of your tack and will not be held
responsible for any injury, accident and/or death associated with
using tack in ill repair.
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All
injuries, accidents and damages must be reported
to the manager.
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Clients
should notify the office, before leaving on a hack, what route
they will be taking and approximate time of return, particularly
if riding alone.
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