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PinkTractor

Off Site Trial Contract

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Anyone have one?

Sending my horse out on trial...actually back to original breeder/owner. Just want to protect myself.

Thanks!

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No, but I was wondering about the same thing.  I worry about who would be liable if something happens at the other barn.  You have no control over who is getting on the horse, nor any control about the conditions in which the horse is ridden. 

On one side, i think about racehorses and how they jockeys have their own insurance, or they would never ride horses that belong to someone else.  But those people that own racehorses can also hire really good lawyers.  And everyone knows jockeys ride fractious horses because it's their chosen career. 

Then, i think about the trainers that have their own insurance, so they would be covered should they have an accident on your horse.  So, if you sent a colt out for training, you could stipulate that the horse is only ridden by _______.  Would that be enough protection?  Could you insist that only a certain person rides the horse?  What if you're selling a horse on commission?  The trainer has to evaluate the potential new owner's riding suitability for the horse.  You would have to trust your trainer's judgment.  You could ask that no one rides without a helmet (that should be in writing) and that no one under 18 rides, I suppose.  That's all I could come up with when considering sending a horse out for trial.  

As someone wise once said to me, "if a child gets hurt or killed, everyone associated with the horse gets sued because what jury wouldn't be sympathetic to a kid getting hurt?".  

Edited by little cow

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You need a contract like a short term lease, stating the person is responsible for any and all damages to horse, person or equipment. And get it notarized.

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Noponies is right.  You need a solid contract.  Never let your horse leave your control without a notarized contract. 

Do you remember the story behind my Morgan horse, Libby?  Retiree leases farm out to 'friends', along with a few riding horses.  No contract.  Renters stop paying rent.  Retiree goes to the farm and the horses (and tractor) are gone.  When she caught up with friends, they had their lawyer call her and say that the horses and equipment were abandoned, and therefore, they were free to sell the horses and the tractor.  Never even told her who they sold them to.  I bought the Morgan from a man who had her for over 18 months.  No vaccines, no treatment for an injured eye, skinny, and scared to death.  Miraculously, her papers were on hand (with the original owner's name because she never signed her over to the renters).  Guy paid $100 for her and was selling her for $250.  She came home with me and I contacted her owner.  She was beside herself when I talked to her.  She never found the other horses. 

Never, ever, let this happen to you or your horse.  

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Thank you. 

Luckily I know the person who he is going to - he is looking at getting him back for his little girl. I'm part heart broken over the thought, but he deserves a little girl who will spend all their time with him.

I'll look into the hold harmless  aspect tomorrow.

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She's okay...been feeling blah. Either it's her new normal or she caught a bug. She of course thinks its something worse. Her lab work came back okay - but no scan til May.

Thanks for asking <3

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We are sending Freckles to a week long trial.  However, since the barn is well-established and the people are reputable, we decided to do a bill of sale when we drop him off.  If he doesn't work out, we will do another one in a week and bring him home.  This means no liability for us.  Just another idea.  

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I dropped Freckles off today.  Payment was made.  They are already certain he will fit in.  SImplifies everything.  I don't like hold harmless agreements.  If a kid gets hurt, everyone loses (especially the kid).  

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How about the loss of the horse? Or a big fat vet bill?

 

Edited by noponies

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Those are good points, noponies.  In my case, the new owners would pay.

I don't think they will have any problems, though.  I just asked them to send me a picture of Freckles when he wins his first ribbon.  He was quite talented when he was younger, apparently.  They hope to get him back into to shape.  

While he was with us, his ground manners drastically improved, we managed his fly allergy, and he had some decent saddle time.  Kind of a tune up before bigger and better things.  

Edited by little cow

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I found a really nice contract that had a hold harmless built in to it.

I wasnt worried about one, but wanted to cover all basis.

Soldier left today. I cried. But hey, he may come back and have a 2 week refresher done - free from the trainer lol.

I may have browsed horse ads...but not needed at this time.

Oh, and can I mention this year is a continuation of last?

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