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Ohiogreen1
Jun. 6, 2011, 07:40 PM
Hello all! We are getting ready to lease my sons pony out for the remainder of the 2011 season and half of 2011, the term is an entire year. The fee for the lease is quite high to be honest, i've considered hiring a lawyer for the contract but I have a few questions i'm hoping to get answered here. Call me a paranoid horse owner, or parent but I feel these things are necessary to know.

We lease our pony out for 12 months, monies are paid up front, what happens if our pony is injured while he is on lease? Do we refund the monies left over for the remainder of the lease or?

Is the person who is leasing our pony responsible to care for our pony until it's fully recovered from the injury?

Any information helps, thank you all!

Bogie
Jun. 6, 2011, 08:13 PM
Absolutely those are things that should be in your contract so that you and the folks leasing the pony agree in advance of any problems what the course of action should be.

I think you are very smart to consider hiring an attorney. That would be my recommendation.

As for your specific question, some of it depends on:

- If the pony is injured was it an accident or was it caused by an action of the lessor? For example, an injury that happens in turnout might be handled differently than an injury that occurs when the pony is being jumped, or trailered.
- If the pony is injured, how much of a "say" do you get in the diagnosis/treatment (some people put a clause in that they must be notified within a set period of time of any injury and that they have some control over the vet used to treat the pony).
- Do you believe that the pony would get proper care if injured? Or would you want to bring it home and supervise the rehab?

A good contract explores these types of issues and sets a plan of action in advance. In most cases, when a high value horse/pony is leased the lessor is required to carry insurance on the pony with the owner as the beneficiary.

joiedevie99
Jun. 6, 2011, 09:57 PM
Both of those terms need to be negotiated and written into the contract.

dcm
Jun. 6, 2011, 10:05 PM
A good contract explores these types of issues and sets a plan of action in advance. In most cases, when a high value horse/pony is leased the lessor is required to carry insurance on the pony with the owner as the beneficiary.

This.

We leased my daughter's eq horse for several years. Insurance including medical was required and paid by the lessee. As to injury, we had to be notified of treatment and by whom, and had some say-so over treatment.

The lease fee was non-refundable. Period. If you have a well known, quality horse, they will still line up at the door to lease.

Once he got older, we did build in a graduated lease refund, but it was never more than 60%, and was 0% at 6 months.

I did have an atty look over the original lease form. We continued to use the same form every year.