Boarding Contracts? / Situation

[sproonee]

I board my mare and weanling filly out at a friend's farm close to our house. We've never signed any sort of waiver or agreement before now, but all of a sudden she's starting to get more interest in boarding, so she sent me and another friend (boarding at the same place) a new waiver to sign. I didn't think much of it, having signed boarding contracts before, but when I read this one it didn't feel right so I sent it to my lawyer to read over before I signed. He advised me not to sign it: "As a general proposition, a release of negligence before the negligence happens is void as against public policy; however, the release purports to have you indemnify them from all costs. That is more troublesome because the document is a contract where you agree to pay for everything, regardless of who is at fault."

Now, I like my friend a lot, but I'm starting to get the inkling she has no insurance to cover running a boarding stable and I'm not really sure what to do about all of this. How do I tell her I'm not signing her contract without her getting ticked off and sending me packing? I thought about saying "I had my lawyer read this over and he wasn't comfortable with the wording, however I have no problem signing a boarding contract and here's some samples I've gathered for you, maybe we can make something from that?" How do I be diplomatic about this - my horses are really happy where they are and there isn't much else close by where if I had to move I could see them often...

[LAZ]

Now, I like my friend a lot, but I'm starting to get the inkling she has no insurance to cover running a boarding stable and I'm not really sure what to do about all of this. How do I tell her I'm not signing her contract without her getting ticked off and sending me packing? I thought about saying "I had my lawyer read this over and he wasn't comfortable with the wording, however I have no problem signing a boarding contract and here's some samples I've gathered for you, maybe we can make something from that?" How do I be diplomatic about this - my horses are really happy where they are and there isn't much else close by where if I had to move I could see them often...


What are your other options? I'd say it's her place, and she can make whatever contract she feels the need for. You can either sign it and stay, or you can not sign it and risk being asked to leave.

[stryder]

I'd ask open a discussion with her. "This contract is different from ones I've signed in the past. So I had my lawyer read it, and he's concerned about this section (fill in the blank) because it (fill in the blank)." That's a good time to bring forward the other samples you have.

Good for your friend for trying to formalize your business relationship. If your horses have gotten good care there so far, it might be worth it for you to work through this with her. But I think it's also important for you to know how much things are going to change, if the situation is evolving from just your horses to others. How many? And if she's moving toward a more-commercial operation, she should have insurance. I would ask about it.

My experience is that things run off the tracks because people don't talk. NOW is the time to discuss your changing situation and your concerns.

good luck.

[sproonee]

Good for your friend for trying to formalize your business relationship. If your horses have gotten good care there so far, it might be worth it for you to work through this with her. But I think it's also important for you to know how much things are going to change, if the situation is evolving from just your horses to others. How many? And if she's moving toward a more-commercial operation, she should have insurance. I would ask about it.

My experience is that things run off the tracks because people don't talk. NOW is the time to discuss your changing situation and your concerns.

good luck.

I do feel like it's a good thing that she is formalizing. Too many people can get hurt when expectations aren't in writing. Again, I have NO PROBLEM signing a boarding contract and I will let her know this too. =) Hopefully this doesn't blow up in my face (she's really sensitive).

Does anyone have a copy of their barn's boarding contract that maybe I could give her as examples that they wouldn't mind sending me?

[gieriscm]

Does anyone have a copy of their barn's boarding contract that maybe I could give her as examples that they wouldn't mind sending me?

You have email.

[sproonee]

Well apparently it is a moot point, because although our talk went well (no screaming or pointing fingers or blowups) I now have until the end of the year to find a new place to board my horses...

Anyone have any recommendations around the Dallas/Plano area?

[Bells]

Ouch. Well at least you have a few months.

[Chardavej]

Why? What happened?

[sproonee]

Well, now apparently she's flown off the handle and changed her mind. I have 10 days to move. *sigh* Hope she doesn't change her mind and make it an instant thing. I'm going to look at boarding barns tonight. Apparently it's her way or the highway, and since it's her place I can respect that, but 10 days is a little tight.

[Come Shine]

That's really too bad. It sounded like you liked it there.

Why was she so upset about discussing the boarding contract?

Is there something she is worried about being liable for? Could that be why she wanted something signed, and in that absence, wants you out so quickly?

Good luck. It sounds like a tough situation.

[sproonee]

I don't know what the problem is, but the whole thing has bothered me so much I really want my horses out of there. Hopefully I can find something decently close by, going to look at a good possibility tonight.

[SMF11]

At this point, this is for the other boarding contracts you'll be looking at:

a release from negligence is not unusual; however a release from gross negligence is unusual (and from distant memory of law school won't stand up in court -- but a release of negligence will)

Also, do a google search for boarding contracts -- I did, and most have language indemnifying the barn owner from consequences caused by a boarder's horse. I agree it is a little harsh, but does seem to be fairly common. I board four horses, and my contract has that language. And yes, I have insurance as well. (Now, if *you* have insurance I would suspect you will be protected too . . .)

[sproonee]

I'm going back out to look at a farm that I used to board at a long time ago. Some friends of mine are still there, and at the time I wasn't fond of the management, but there is a new barn manager now and everyone seems to like him. They have some nice facilities and I hear a lot of improvements have been made since I was there years ago.... Fingers crossed....

[Blue Bunny]

Good luck, I hope you find a place.:)

[RockinHorse]

I am sorry this happened to you. While I agree that it is her barn, her rules...she really doesn't sound like much of a friend to kick you out of the barn with 10 days notice if all you did was ask about the contract.

Since you said she is starting to get more interest in boarding, maybe she is planning to change her business model and wanted you out all along.