LEGAL MATTERS.
GET IT IN WRITING AFTER YOUR HORSE OR RUNNING A LIVERY YARD IT IS ESSENTIAL TO ENTER INTO A BESPOKE LIVERY AGREEMENT WITH THE OTHER PARTY, SAYS SPECIALIST LEGAL FIRM HARRISON CLARK RICKERBYS.
H
aving an agreement in place ensures you both know your obligations and rights at the outset, eliminating uncertainty and leaving less room for disagreement should things go wrong. Standard documents are readily available online and are a useful starting point. However, the particular circumstances of the horse as well as the yard in question and what is required should be considered carefully and documented. Here are some of the things you should include:
1. Parties – the name, address and other contact details of the yard owner and horse owner. 2. Charges – what is the livery fee? When and how can it be increased? Include any additional costs e.g. farrier, vet, worming, feed and extra bedding and agree a time limit on when payment is due. 3. Insurance – liability of the horse should remain with the horse owner; the yard owner should exclude liability for injury to the horse and loss of tack / equipment. If you are a yard owner, ensure your business insurance is updated annually. 4. Tack and other belongings – parties decide who is responsible for loss or damage to such items on the livery owner’s property if they are not covered by insurance.
LEFT: LIVERY AGREEMENTS SHOULD INCLUDE DETAILS ADAM FANTHORPE
OF ANY SPECIAL CARE REQUIRED FOR THE HORSE.
32 // Issue 6 2020 // BRITISH DRESSAGE
ADAM FANTHORPE
WHETHER YOU ARE RELYING ON SOMEONE ELSE TO LOOK
5. Horse passport – the original should be held at the yard, however, the majority of horse owners are reluctant to give up the passport. If this is the case, up-to-date copies should be provided to the yard owner with a right reserved to see the original. 6. Special care – details on any special care required for the horse are important, for example, a requirement for hay to be soaked or for the horse to be housed in a stable with weaving bars. 7. Vices – any vices and behavioural problems of the horse should be fully disclosed. 8. Children/dogs – yard owners may want to exclude children and/or dogs from the yard. In any event, the yard owner should make them the parent/owner’s responsibility. 9. Welfare decisions – the yard owner should have the right to make the decision to put the horse to sleep on veterinary advice only if the owner cannot be contacted.
The importance of this was recently highlighted by a case where a yard owner was sued after a horse with colic was put to sleep rather than operated on. 10. Lien – a very important clause that should be incorporated into all livery agreements to help with any bad payers. Essentially, the yard owner reserves the right to retain the horse and its equipment until payment of any outstanding fees is made. If payment is not made after demand, the yard owner retains the power to sell the horse and equipment to cover the debt. 11. Duties owed by the livery yard owner – services must be provided with reasonable care and skill. This can include the safety of the yard and fields, or e am le the quality of feed and riding areas; reasonable care being taken of the horse, for example adequate feed and water, veterinary needs being
