Key risks for agistment centres and training stables
Agistment centres and training stables are exposed to a large number of risks daily due to the nature of the business. Some of these risks could have devastating financial and reputational consequences.
Well drafted contracts reduce the risk of time consuming, stressful and expensive issues and disputes arising. Your contracts should be drafted specifically for your business to have maximum effect.
1. A horse gets injured
If a client's horse is injured while in your care, you could be at risk of getting sued for the loss the client has incurred. This could include veterinary bills and any reduction in value of the horse as a result of the injury.
Solution: a liability clause can limit your liability in relation to any injuries (provided you haven't been negligent). A detailed contract can also assist by setting out what is expected by the parties in the event of an accident or emergency.
2. Not getting paid fees on time
Trying to recover unpaid fees from clients can be time consuming and frustrating. Meanwhile, the client's horse is still being fed, rugged and cared for by you - at your expense!
Solution: payment terms make costs and due dates clear to avoid misunderstandings. Including a contractual lien can also give you the right to sell the client's equipment or even their horse if they continue to fail to pay. A contractual lien can also streamline and expedite the sale process if a horse is abandoned on your property, rather than relying on a long, slow and complex statutory process (if available).
3. A rider is injured
Horses are large, unpredictable animals capable of causing serious injury. Stables that permit visitors to ride or handle horses on the property are potentially exposed to personal injury claims.
Solution: a Waiver of Liability can be used to exclude liability for personal injury to the maximum extent that the law allows. Stable operators may also consider establishing a Code of Conduct to establish safety procedures for visitors and employees to comply with.
4. Damage to your property
Broken fences, holes in the stable wall or chewed troughs are not only inconvenient, but can be costly to fix.
Solution: a liability and indemnity clause can provide that the client will be responsible for the cost of repairs if damage is caused by the client or their horse.
““...there was no separate written contract for the provision of agistment services. There should have been””
*Information is general and not legal advice. PURE Equine Law specialises in preparing professional legal contracts for agistment centres, horse trainers, sales agents, stud farms, riding schools, professional riders and coaches.
