Equine training agreements are a common—and important—part of the equine industry. There are many reasons that these types of agreements are important. For example, equine training agreements define the liability of the parties and clarify expectations. In this article, we discuss some important considerations for creating equine training agreements.
Fees and Payment
One of the key reasons to enter into a contractual agreement of any time is to establish payment expectations. Therefore, when creating an equine training agreement, it’s important to specify the fee and payment details. This should include the payment terms, payment timelines, and the handling of delinquent payments. In addition, the provisions addressing fees and payment should specify whether payment must be made by check, cash, or transfer.
Emergency Care Authorization
Equine training agreements should also address emergency care authorization. This type of provision ensures that the horse that is the subject of the agreement is eligible to obtain emergency care if needed. Many farriers and veterinarians require written authorization prior to treating a horse, making an emergency care authorization provision imperative. This section should also include payment information and a clause that authorizes the trainer to obtain emergency care if he or she can’t get ahold of the owner.
Insurance
A horse owner should also require his or her trainer to carry liability insurance that covers property damage and personal injury. A common equine insurance policy includes coverage limits of $100,000 per person, $300,000 per accident, and $50,000 for property damage for acts of the horse. In addition, if the horse owner elects to insure the horse for mortality, this should also be included in the agreement, clearly stating that if the horse dies or is euthanized, all insurance proceeds shall go to the horse’s owner.
Liability
Finally, regardless of his or her level of experience, many things are out of the trainer’s control. Therefore, equine training agreements often include a provision stating that the trainer is not liable for disease, theft, sickness, injury, or death arising out of the training or boarding of the animal except for instances of willful negligence. This type of provision protects the trainer from events that he or she cannot control, while also providing protection to the owner in cases involving negligence on the part of the trainer.
In addition, the agreement should contain a provision stating that the owner agrees that he or she hasn’t administered any foreign substance to the animal prior to training. And if a substance was given to the horse prior to the training, then the medication, dosage, and date of administration should be provided to the trainer upon the transfer of the horse.
Contact a Wellington Equine Law Lawyer
For assistance creating an equine training agreement in the state of Florida, Gueronniere, P.A., is here to help. Experienced Wellington attorney Grace de la Gueronniere has the knowledge and experience necessary to help you with your equine law needs—whatever they may be. Please contact us to arrange an initial consultation with an experienced equine law lawyer.