PDA

View Full Version : .



Fastjofast
May. 1, 2009, 04:18 PM
problem solved. Pony just had one bad show.

trubandloki
May. 1, 2009, 04:52 PM
Do you not have a clause in your lease that allows you to end it in cases such as this?

Fastjofast
May. 1, 2009, 04:55 PM
.

Huntrs+eq
May. 1, 2009, 04:55 PM
Do you have any sort of "opt out" clause in your lease contract? It sounds like this young rider's style will eventually cause harm, mentally and/or physically, to your pony. Also, does your contract waive you from liability should the kid get hurt on your pony?

Now, I'm no lawyer, but I do have some basic knowledge of contracts-just as everyone involved in the horse business should!

As for damaging the pony's reputation, it sounds like any respectable trainer would recognize the faults of the rider. But, if the pony starts to turn sour, such as stopping that might be another story.

joiedevie99
May. 1, 2009, 05:01 PM
Try the friendly approach. Tell kid and kids parents that pony isn't happy and you want to get it checked out and make sure he isn't hurting/give it time off and you would greatly appreciate it if they would accept a prorated refund of their lease fee and use it to find poopsie something is bigger- since she had a growth spurt and all.

Without a clause in the contract allowing you to opt out, you need them to agree.

Huntrs+eq
May. 1, 2009, 05:06 PM
Try the friendly approach. Tell kid and kids parents that pony isn't happy and you want to get it checked out and make sure he isn't hurting/give it time off and you would greatly appreciate it if they would accept a prorated refund of their lease fee and use it to find poopsie something is bigger- since she had a growth spurt and all.

Without a clause in the contract allowing you to opt out, you need them to agree.

--Right. Maybe they'll see daughter and pony aren't a good match and will play right into your hands. Otherwise, having a pony pro school the horse is a good idea. And maybe the rider's just in one of those phases-haven't we all had 'em?

katie16
May. 1, 2009, 05:16 PM
Maybe the lessee isn't happy with the way things are going either? Maybe they would agree to give you the pony back in exchange for some of the lease fee returned?

Normally, I would suggesst going to the trainer not the people. However in this case you might be ahead to approach the people directly as you have given the impression that the trainer will do whatever to keep this kid with this second pony (for financial reasons).

Alternatively, as a last resort type of thing, is pony geographically anywhere near where she was last year? If so, maybe you could suggest that the kid ride (at least this pony) with whomever trained the pony last year. Even if this years rider is not up to par with last years, the trainer would know the pony better and would likely be able to help. Or, if you're really lucky (as the parties involved might not be agreeable), maybe last years trainer could talk to this years trainer to get some pointers.

rugbygirl
May. 1, 2009, 07:53 PM
You can terminate the contract by refunding a pro-rated portion of the lease fee.

It's your property.

I guess they could sue you for breach of contract, but that would be pretty tough if the kid has another pony to ride AND you refund a fair portion of the cost.

I guess it just depends how much of a hard-@$$ you want to be. I don't really believe that bad riding (provided it doesn't cause physical damage) "ruins" a horse, but you'll probably have to put the pony into serious training for a while once this lease is done.

If it were mine, I'd cut them a check and take my pony home. Things happen with horses. IF they wanted a guarantee, they could have purchased.

Windswept Stable
May. 1, 2009, 08:37 PM
Find a way out. YOur pony will get ruined and have a bad repuation.

Sunset Ponies
May. 1, 2009, 09:27 PM
I lease out my ponies and this is why I have a clause in my contract to protect the pony and my interests if this kind of thing happens. Of course I got the idea to add this clause after I had a similar situation happen to me :) Have you spent time watching the two of them together? Is this a problem that proper instruction will fix? I do believe that a succesion of really bad rides can ruin a good pony, so I suggest being proactive, especially since her other pony is having problems. I agree with other posters that your best option may be to offer them their money back and finding a more suitable leasee for your pony.

FrenchFrytheEqHorse
May. 1, 2009, 10:17 PM
I would investigate the possibility of refunding a pro-rated amount of the lease fee, then taking possession of the pony ASAP. The previous poster is correct- especially in the pony ring, the reputation of the animal is paramount. It is critical that your pony not develop the reputation of being a stopper/being intolerant/being sassy, etc. Particularly if you want to lease her to someone else this season. Every day this continues to occur is another step towards this type of reputation.

Please live an learn from this situation- every single lease I've ever seen in my life has an "opt out" clause with 30-60 days notice to be given by either party in order to remedy situations exactly like this. It isn't uncommon for a kid to go through a growth spurt and hit an awkward phase. Oftentimes, kids can go from being talented, sensitive pony jocks to being unbalanced, unforgiving dead weights on their ponies' backs.

Try your best to take care of this problem before it costs you a large portion of next year's lease money...

ETA- I recently leased my horse out for three years while I was away at school. In three different contracts with two different parties, I included a clause that stipulated with whom the horse could be stabled/by whom he could be trained trained. I was willing to be flexible with this clause, and would have been open to amending it, however, I would have needed to see some of the kids/horses the trainer/barn owner had at shows in order to be sure the program was a decent fit for my horse. This might be an option to ponder for next year.

MissIndependence
May. 1, 2009, 11:15 PM
You can terminate the contract by refunding a pro-rated portion of the lease fee.

It's your property.

I guess they could sue you for breach of contract, but that would be pretty tough if the kid has another pony to ride AND you refund a fair portion of the cost.

I guess it just depends how much of a hard-@$$ you want to be. I don't really believe that bad riding (provided it doesn't cause physical damage) "ruins" a horse, but you'll probably have to put the pony into serious training for a while once this lease is done.

If it were mine, I'd cut them a check and take my pony home. Things happen with horses. IF they wanted a guarantee, they could have purchased.

Ditto....it might hurt to refund them the money but if you save your lovely pony in the long run its well worth it. Just tell them that you unfortunately cannot see your proven pony get ruined. It is your pony afterall. A lawyer could tell you the legal ramifications, but I think if the kid is truly having that many problems they might be happy to have a graceful exit from the lease. I happen to think that bad riding CAN ruin a horse....cuz I have inherited a few that never recovered their confidence. I am sooo sorry. What a sad situation :(.

juniormom
May. 2, 2009, 01:11 AM
Worse case scenario, I might even offer them all of their money back. Your pony's reputation will be ruined and it will be hard to release them. It takes time to fix problems like this and you will have to find someone good to get it around some courses for a little while so the pony can regain confidence. It will be worth it in the long run! Plus, maybe the people will be glad! You never know until you ask!

justathought
May. 2, 2009, 05:46 PM
The solution depends entirely on the contract/lease agreement and on what the parties are willing to agree to do. Under most lease agreeements, you cannot simply end the lease by returning their lease payment and taking possession of the pony. The contract gives them the right to the use of the pony for the entire contract period - under most leases it would be illegal for the owner to try to repossess the pony without the agreement of the lessees. The lease would have to provide this right - and as I read the OP it does not.

That being said, approaching the lessees and discussing an arrangement that will allow them to return the pony is an excellent idea... to negotiate this you probably need to consider whether there is an other option that you can provide to the lessees that will make your offer attractive -.... is there another pony who would tolerate the kid etc....

twofatponies
May. 2, 2009, 05:53 PM
Find a way out. YOur pony will get ruined and have a bad repuation.

Absolutely - the pony's going to lose confidence and develop bad habits, besides being miserable. Don't let it continue, even if you lose money. That's money you'll lose later anyway, if you have to retrain or rehab the pony after this lease!!!

anthem35
May. 6, 2009, 05:04 PM
I had a similar problem, but the horse was on a trial lease....

The kid was a beginner jumper who didn't seem to think she was ;) and I didn't see my horse being 'sacrificial' while she learned :(

Put a price on your mental health too! I know I was sick with worry everyday until he was back home!

Good Luck!!!

BuddyRoo
May. 6, 2009, 05:43 PM
I've leased my horses out several times--only one bad situation--with minor and non-horsey parents. Luckily, my contract did have a termination clause. They weren't happy about it...but horses first.

In your case, you may be able to "friendly" your way through it. If you're friendly w/ the trainer, trainer may be able to plant a seed a few days before you approach the topic.

For me, the challenge/problem? Parents. They thought their kid was fabulous. Even as my horse was developing serious behavioral issues...even as kid put horse in dangerous situations...parents just didn't get it.

The last straw was the day I showed up and horse was tied to rail fence INSIDE the pasture with other loose horses with such a long lead that a PONY was straddling the lead rope between my horse and the fence. Saintly horse. Saint.

That was it. Terminated at that moment and refunded them the rest of the month's lease fee.