Livery on paper

GET IT IN WRITING

WHETHER YOU ARE RELYING ON SOMEONE ELSE TO LOOK 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.

Having 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 OF ANY SPECIAL CARE REQUIRED FOR THE HORSE.

ADAM FANTHORPE

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 fi elds, 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

met, no poisonous plants in the fi elds remises being o a sa e standard and maintained as such, or e am le su cient drainage and ventilation, non sli oors having suitably e erienced and trained em loyees. . Duties owed by the horse owner the horse s wel are must be o a good standard, or e am le rovision o suitable tac and e ui ment, a ro riate veterinary and arrier treatment, the yard rules being abided by and bills aid on time. hese are ust a ew oints to consider. It is also worth ensuring that suitable terms are incor orated into the agreement so that the terms can be varied should situations such as Covid arise. any yards had to swi tly im lement rocedures to ensure the wel are o horses but limit the number o

CAMILLE PETERS

eo le at the yard at any one time having a clause in the agreement to allow or changes to the terms is essential. ivery yards are notorious or dis utes and as an e uine team we see many un ortunate situations arise. aving an agreement in lace means that should dis ute arise you are in a much better osition to try and resolve matters amicably and avoid large legal bills.

I you would li e hel dra ting a suitable livery agreement lease call ary athen on or email mwathen hcrlaw.com.

I you wish to discuss a dis ute relating to a livery agreement lease give Alison oodwin a call on or email agoodwin hcrlaw.com

ABOVE: WHEN ENTRUSTING YOUR HORSE TO THE CARE OF A LIVERY YARD, A WRITTEN AGREEMENT ENSURES THAT THE YARD OWNER AND CLIENT KNOW CLEARLY WHAT IS EXPECTED OF EACH PARTY. INSET: LIVERY YARD LIABILITY COVER PROTECTS YARD OWNERS IF A HORSE ESCAPES FROM GRAZING AND CAUSES DAMAGE TO A THIRD PARTY’S PROPERTY. COVER FOR LIVERIES Alongside having livery agreements in place, livery yard owners need to ensure they have effective insurance coverage to not only protect their own fi nances but to meet their legal requirements and protect the wellbeing of their equine inhabitants, says Shearwater Insurance.

Why use a specifi c equestrian insurance policy to look after your equestrian property?

Equestrian properties require specifi c cover to ensure all aspects are protected. Equestrian policy wording is tailored and designed to take into account that the horses are the main residents of the property. You should also bear in mind that many household insurers will not cover you for all of your equestrian equipment, in the event of items such as show jumps, feed, hay, bedding and tack being damaged or stolen, so by using a specifi c equestrian insurer you can have peace of mind that all your valuable possessions are protected.

Do I need a specifi c livery yard insurance policy?

By insuring an equestrian property as a livery yard, we can offer additional benefi ts including Money Cover and Assault and Business Interruption Cover which would compensate for loss of profi ts caused by an insurable peril.

The main difference is liability. Many clients believe that having DIY Liveries or having ‘a friend’ keep their horse with them for free does not count as having a livery yard. However, Livery Yard Liability can cover you if a horse escaped and caused third-party property damage because a gate was left open, for example. This could also cover if members of the public stroke a horse that subsequently bites them. Additionally, Property Owner’s Liability is included within Livery Yard Liability which protects you against instances where members of the general public were injured on your land or in or around your buildings.

Shearwater can also include Care, Custody and Control within your policy which protects you for negligent acts directed towards other people’s horses which resulted in their injury while they are your responsibility, including DIY Liveries.

Do I need Employers’ Liability Insurance?

Employers’ Liability is a legal requirement if you employ anyone, whether they are full-time, part-time or even temporary and not only offers protection for your employees but protects your business. These policies are designed to offer businesses protection, for compensation and legal costs, in the event of an employee making a claim against them following an accident or injury in the workplace.

Should I have Personal Accident insurance for handling horses?

A robust and effective policy is essential for anyone who rides or coaches for a living, as well as for freelance grooms who have to ride as part of their role. Personal Accident Insurance is included with BD member cover, but any staff or freelances who are not members should have their own coverage in place. Pair Personal Accident coverage with a Public Liability policy to make sure all parties are cared for in the event of an incident. For full and competitive quote call us on 01992 367110.

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