Legal matters

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IF YOU ARE CONSIDERING BREEDING FROM YOUR MARE, OR MAKING YOUR STALLION AVAILABLE AT STUD, LEGAL AND INSURANCE IMPLICATIONS SHOULD BE PROMINENT ON YOUR ‘TO DO’ LIST. HARRISON CLARK RICKERBYS AND SHEARWATER INSURANCE OFFER SOME ADVICE.

The key issues to be considered should ideally set out in a formal written ‘contract of service by a stallion’.

A contract will include standard provisions surrounding details of the parties to the contract (i.e. the name and addresses of the mare and stud owners), the name of the mare and stallion, their age and passport number, the method of breeding, the time and place of breeding and the breeding fee. However, certain bespoke provisions should be put in place to safeguard against disputes.

FAILURE TO CONCEIVE OR PRODUCE A ‘VIABLE FOAL’

It is widely accepted that stud agreements will contain a clause on failure to conceive or produce a ‘viable foal’. When considering such clauses, it is important to consider what recompense, if any, will be provided.

Breeders will seek to avoid an industry rumour that their stallion is not producing viable semen or that any guarantees on the birth of a live foal are not being satisfied. herefore often a clause in the contract will provide that in the case of a failed conception or birth of a ‘viable foal’, the mare will either be served in the next season free of charge or at a discounted rate (commonly half of the stud fee).

CONDITIONS OF BOARDING

It should be considered how long the mare will remain at the stud, the weekly grass fee for each mare/mare with foal and the fee to keep the mare/mare and foal in stable.

LIABILITY FOR INJURIES

The stud agreement should address who is liable if there is an injury or death to a mare or stallion. It is commonplace for stud agreements to provide that a stallion owner will not be liable for any injury, however it is caused, to any mare or foal at service. In the event that a stallion should be injured or die prior to breeding, the contract ought to provide for a refund of the breeding fee or allow the mare owner to breed from a different stallion.

DEALING WITH DISPUTES

It is common for agreements to contain a clause that provides a mechanism for disputes to be resolved. Sometimes it is said that these are to be resolved by arbitration, or by determination by a third party.

It is di cult to guard against every eventuality when drawing up an agreement. However, the equine legal specialists at Harrison Clark Rickerbys can help. Please feel free to use your British Dressage members’ benefit and call the legal helpline if you have any uestions 08450 178 601.

INSURANCE

Where insurance for vet’s fees is concerned, cover for the routine care for mares in foal is not covered, but any complications requiring veterinary attention to the mare is. Insurance only extends to the insured mare and not the foal they are carrying.

Some insurers will require owners to notify them of a change of horse address, when going to stud. Shearwater Insurance works with a selection of underwriters all with different re uirements. e’d therefore always advise owners to notify their brokers, and insurers, of any changes.

Foals will require their own insurance. Mortality cover is available from 24 hours old and full cover is available from 90 days.

For those looking at a more extensive breeding operation, hearwater is able to offer a specialist stud insurance option 367110. This would provide cover for care, custody and control, legal expenses, death due to accident, illness, disease or an accident in transit and even loss of an unborn foal following accident or illness.