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  1. #1
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    7,425

    Default Nevermind.

    For real?

    So for the pleasure of incurring the expense and possible large hassle to foster a rescue I am supposed to sign a mile long contract that among other things includes the condition that I must wear a helmet while riding? On my own property?

    Apparently I'm also supposed to guarantee that I don't have mud. I've never read anything so asinine.

    Why do some of these rescues not use common sense?



  2. #2
    Join Date
    Nov. 4, 2003
    Location
    Douglasville, Georgia
    Posts
    17,462

    Default

    Seriously? I'd love to see the whole contract.
    <>< Sorrow Looks Back. Worry Looks Around. Faith Looks Up! -- Being negative only makes a difficult journey more difficult. You may be given a cactus, but you don't have to sit on it.



  3. #3
    Join Date
    Apr. 28, 2009
    Posts
    2,108

    Default

    o.m.g. You know you have to post this rescue's contract/site, right?!?



  4. #4
    Join Date
    Nov. 13, 2007
    Location
    NW Louisiana
    Posts
    5,487

    Default

    Certify that you have no mud?? How are you supposed to do that?

    I would tell them to shove it, you will find another horse to help.



  5. #5
    Join Date
    Jun. 14, 2006
    Location
    MI
    Posts
    12,729

    Default

    take out the notable parts and post the contract already, will ya? LOL

    This sounds like it could be well...entertaining.
    A good horseman doesn't have to tell anyone...the horse already knows.

    Might be a reason, never an excuse...



  6. #6
    Join Date
    Mar. 30, 2007
    Location
    Hollowed out volcano in the South Pacific.
    Posts
    12,084

    Default

    Did they make you agree not to wear white after Labor Day?



  7. #7
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    7,425

    Default

    Name:

    Physical Address:

    Address of facility where horse is to be kept, if different:

    Length of time at present barn?:

    Reason for leaving last barn if less than a year:

    Phone:

    Cell:

    Email:

    Vet name and #:

    Do you vaccinate? For what?:

    Have your horses had any serious injuries in the past year?:

    Farrier name and #:

    How often does the farrier come out?:

    Dentist name and #:

    How often?:

    Are you employed?:


    May we have permission to call?
    (Include number):

    Can you afford another horse at this time?

    One professional reference's #
    Please explain: trainer? Boarding barn owner, etc

    Name and # of a boarder, or of the manager of a barn at which you have boarded in the past:

    Your facilities...please include in detail...
    Please email as many pictures of your facility and horses as possible.

    Acreage:

    Barns:

    Fencing:

    Is there barbed wire? Explain:

    High tensile? Explain:

    # of stalls/run (size):

    Is there running water in or to you barn for the horses year round? (not relying on a pond or stream)

    Amount of paddock space:

    Pasture or dry (no grass) lot:

    Muddy?


    Do you have a separate area for quarantining? (At LEAST 20 ft away):

    Do you own, or rent?? Owner's name and #:

    Horses owned (now, or in the past, describe):
    (Use the back for extra space)

    Stallions on the property?:

    Do you breed? Describe:

    What type of horse are you able (or are looking) to foster/adopt?
    (Certain breeds, only small, mares, geldings only, etc.)

    Limitations?



    Years of experience with horses, please explain:



    Animals rescued?
    (Include details: from whom/where/name of animal/phone #):

    Have any horses died while in your care? Why?:

    Animal Control Officer's name and #:

    Local Police Phone #:

    SPCA's #:

    Have you or your spouse/partner ever been charged with animal cruelty or domestic violence, or had any problems with the local ACO, police, SPCA, etc? Details:

    Have any complaints ever been filed against you? Why?:

    Have you adopted from any other rescues in the past? Name and # :

    Do you have a trailer? And/or can you transport?

    Do you have liability insurance?

    Do you have a Equine Activities Statute sign posted on your property?


    Please initial ALL of the following:

    ______You understand that xxxx will continue to OWN said horse, whether you are a foster or adopter. xxxx does not transfer ownership, and you are not buying the horse.

    _______As a Foster/Adopter you understand that you will be undertaking the daily costs of said equine? That you will be paying for hay, grain, vet, etc until the equine can be found a home, which may be months... or until you adopt. xxxx will cover special vet, special needs, etc, but there will be no reimbursement for regular care. Can you afford to take on a rescued equine? One that may be starved, need rehab, etc?

    ______All fostered/adopted horses should have an annual vet check which must include Rabies and Tetanus boosters, unless otherwise specified.

    ______You understand that no matter how much money you put in to said equine that xxxx owns it and has the right to do with it as needed.

    ______You agree to work with xxxx, and within xxxx's rules.

    ______You agree to take proper care of fostered horse, including:
    *Proper feed, enough to maintain a good healthy weight, all year. (please consult if questions)
    *Vet called/consulted for any problems (injuries, weight loss, etc).
    *Horses need to be wormed every 2 months, and the wormer must be rotated regularly.
    *Regular trims (every 8 weeks, unless more are needed).
    *Annual dental visits, unless horse is older than 25 (2x annually), or there are problems (quidding).


    ______All veterinary work needs to be approved before being paid, and any vet bills incurred because of ‘accidents’ that could have been avoided will be paid by the foster, not xxxx. Vet bills will only be paid upon receipt.

    ______You agree to let xxxx talk with your vet/vet clinic, and all employees, at any time, in order to get any information deemed necessary by xxxx, in reference to any xxxx horse. And that xxxx will be notified of any and all vet visits.

    ______You agree to let xxxx on to your property at any (reasonable) time to check xxxx's fostered/adopted horses.

    ______You agree to work with xxxx to find a safe and appropriate home for said equine (unless you decide to adopt)?

    ______You agree to give xxxx 3 months to find another suitable placement if you can no longer be a foster/ adopter?

    ______You agree to stay in regular contact with xxxx to keep all information updated, and to send pictures every few months?

    ______You understand that ALL persons interacting with xxxx horses (other than foster/adopter/farrier/vet) must sign a liability waiver, and xxxx needs to be notified.

    ______A helmet MUST be worn by ALL riders at ALL times.


    ______You understand that xxxx has a strict NO BREEDING policy, under any circumstances, and any mare bred, (accidental or not) will be immediately removed from you.

    ______You agree to post an Equine Activities Statute for your state in clear view of anyone entering your property (Please ask if this is not clear).



    Waiver of Rights, Release, and Voluntary of Assumption of Risks by The Foster:

    The Foster specifically waives any rights he/she may now have or later acquire to any reimbursement or compensation from xxxx in connection with any xxxx equine.

    This Waiver is to limit the potential legal liability of xxxx, and its officers, directors, members, donors and foster care providers, or any of xxxx members for injuries and damages arising out of the fostering, adoption, possession, or any use of any xxxx equine, to the full extent permitted by the laws of the state of xxxx, and/or any state which the horse might be relocated to. The parties agree that the language below is to be interpreted to give full effect to its stated purpose.

    Horseback riding and horse driving are classified as rugged adventure recreational sport activity. There are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. No horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be at a distance of from 3 ½ to 5 ½ feet, and the impact may result in serious injury, or even death, to the rider. Horseback riding/horse driving is the only sport in which one much smaller, weaker predator animal (the human), tries to control and become one unit of movement with another much larger, stronger prey animal (the horse), with each having limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short, changing direction or speed at will, shifting its weight from side to side, bucking, rearing, biting, kicking, or running from danger. These risks exist for any person around a horse, whether mounted or on the ground. The Foster acknowledges these risks and states that he/she/ is not relying on xxxxR to advise him/her of all the risks. The Foster acknowledges that wearing a properly fitted and secured equestrian riding helmet which meets of exceeds the quality standard of the SEI Certified ASTM Standard F 1163 while riding, driving, mounting, dismounting and being near horses may reduce the severity of some of the wearer’s head injuries and possibly prevent death occurring as the result of a fall or other occurrences.

    The Foster knowingly and voluntarily assumes all risks associated with any xxxx equine, including but not limited to inherent risks and the risks of negligence by xxxx, its officers, directors, members, employees, donors or foster care providers, or any xxxx members.

    The Foster understands that The Foster knowing and voluntary assumption of these risks is a defense under law to any claim for injury or damage and a bar to recovery.

    In consideration of xxxx allowing The Foster to possess and use the any xxxx equine, The Foster agrees to release xxxx and its officers, directors, members, employees, donors, foster care providers, insurers and others acting on their behalf (hereinafter collectively xxxx), of all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to xxxx's ordinary negligence; and The Foster does further agree that except in the event of xxxx's gross negligence or willful and wanton misconduct, Lessee, Lessee’s family, heirs, invitees, guests, and agents and licensees waive all rights which may otherwise arise from any injury and shall not bring any claims demands, legal actions or causes of action against xxxx or any economic or non-economic losses due to bodily injury, death, or property damage arising out of or related to the leased equine.

    I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT:
    (I understand that I/we have the right to seek the assistance of an attorney of my/our/it’s own choosing prior to signing this agreement.)

    Sign:_____________________________________________ _____________________

    Print:____________________________________________ _____________________

    Date:_____________________________________________ _____________________

    Address:__________________________________________ _____________________

    Home phone #:________________________________________________ __________

    Cell phone #:________________________________________________ __________

    License #:________________________________________State:__ _____________

    SS#:______________________________________________ _____________________

    Signature: __________________________________________________ _____________________________

    Date:_____________________________________________ _____________________________________________

    Witness:__________________________________________ __________________________________________



    xxxx Equine Activity Statute:
    (Please check your state for it's equine activity statute: http://asci.uvm.edu/equine/law/equine/equ_menu.htm)

    Unde xxxx Law, an equine professional, unless he or she can be shown to have failed to be in the exercise of due care, is not liable for
    an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to this chapter.

    GENERAL LAWS OF xxxx
    TITLE 4. ANIMALS AND ANIMAL HUSBANDRY
    CHAPTER 21. EXEMPTION FROM LIABILITY ARISING FROM EQUINE ACTIVITIES
    4-21-1. Definitions. For the purpose of this Chapter, the following words or phrases shall have the following meanings: (a) "Engages in an equine activity" means riding, training, assisting in veterinary treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, visiting or touring or utilizing an equine facility as part of an organized event or activity, or any person assisting a participant or show management. The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator knowingly places himself in a restricted area. (b) "Equine" means a horse, pony, mule, or donkey. (c) "Equine activity" means: (1) Equine shows, fairs, competitions, or performances that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeo, riding, driving, pulling, cutting, polo, steeple chasing, English and western performance riding, endurance trail riding, gymkhana games, and hunting; (2) Equine training or teaching activities or both; (3) Boarding equines; including normal daily care thereof; (4) Riding, inspecting, or evaluating by a purchaser or an agent an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (5) Rides, trips, hunts or other equine activities of any type, however informal or impromptu, that are sponsored by an equine activity sponsor; (6) Placing or replacing horse shoes or hoof trimming on an equine; and (7) Providing or assisting in veterinary treatment. (d) "Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or not for profit, which sponsors, organizes, or provides the facilities for an equine activity, including but not limited to: pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college- sponsored classes, programs and activities, therapeutic riding programs, stable and farm owners and operators, instructors, and promoters or equine facilities, including but not limited to farms, stables, clubhouses, pony ride strings, fairs, and arenas at which the activity is held. (e) "Equine professional" means a person engaged for compensation to: (1) Instruct a participant or rent to a participant an equine for the purpose of riding, driving or being a passenger upon the equine; (2) Rent equipment or tack to a participant; (3) Provide daily care of horses boarded at an equine facility; or (4) Train an equine. (f) "Inherent risks of equine activities" means those dangers or conditions which are an integral part of equine activities, including but not limited to: (1) The propensity of equines to behave in ways that may result in injury, harm, or death to persons on or around them; (2) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (3) Collisions with other equines or objects; or (4) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the equine or not acting within his or her ability. (g) "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
    4-21-2. General provisions Except as provided in s 4-21-3, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities unless such equine activity sponsor, professional or other person shall be demonstrated to have failed to exercise due care under the circumstances towards such participant and, except as provided in s 4-21-3, no participant nor any participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities unless such equine activity sponsor, professional or other person shall be demonstrated to have failed to exercise due care under the circumstances towards such participant.
    4-21-3. Exceptions: (a) This Chapter shall not apply to horse racing meetings to which Chapter 3 of Title 41 is applicable. (b) Nothing in s 4-21-2 shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: (1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury; or (B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, and determine the ability of the participant to safely manage the particular equine based on the participant's representations of his or her ability; (2) Owns, leases, rents, has authorized use of, or is otherwise in lawful possession and control of the land, or facilities upon which the participant sustained injuries because of a dangerous condition which was known or should have been known to the equine activity sponsor, equine professional, or person; (3) Commits an act of omission that constitutes willful or wanton disregard for the safety of the participant, and that act of omission caused the injury; or (4) Intentionally injures the participant. 4-21-4. Posting and notification (a) Every equine professional shall post and maintain signs which contain the warning notice specified in subsection (b). Such signs shall be placed in a clearly visible location in the proximity of the equine activity. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in subsection (b). (b) The signs and contracts described in subsection (a) shall contain the following warning notice:
    Except as provided in s 4-21-3, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities unless such equine activity sponsor, professional or other person shall be demonstrated to have failed to exercise due care under the circumstances towards such participant and, except as provided in s 4-21-3, no participant nor any participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities unless such equine activity sponsor, professional or other person shall be demonstrated to have failed to exercise due care under the circumstances towards such participant.

    Signature __________________________________________________ ______

    HOLD HARMLESS: General Waiver of Rights, Release, and Voluntary Assumption of Risks:

    I _______________________________________ specifically waive any rights that I may now have, or later acquire, to any reimbursement or compensation from xxxx (xxxx in connection with any xxxx equine.

    This Hold Harmless Waiver is to limit the potential legal liability of xxxx, and its officers, directors, members, donors, adopters, foster care providers, and/or any person related to or involved with xxxx, for injuries and damages arising out of the fostering, adoption, possession, or any use of, or involvement with, any xxxx equine, to the full extent permitted by the laws of the state of xxxx, and/or any state which the horse/horses might be relocated to. The parties agree that the language below is to be interpreted to give full effect to its stated purpose (Hold Harmless).

    Horseback riding and horse driving are classified as rugged adventure recreational sport activity. There are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. No horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be at a distance of from 3 ½ to 5 ½ feet, and the impact may result in serious injury, or even death, to the rider. Horseback riding/horse driving is the only sport in which one much smaller, weaker predator animal (the human), tries to control and become one unit of movement with another much larger, stronger prey animal (the horse), with each having limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but are not limited to: stopping short, changing direction or speed at will, shifting its weight from side to side, bucking, rearing, biting, kicking, or running from danger. These risks exist for any person around a horse, whether mounted or on the ground. I acknowledge these risks, and I am not relying on xxxx to advise me of ALL the risks. I acknowledges that wearing a properly fitted and secured equestrian riding helmet which meets or exceeds the quality standard of the SEI Certified ASTM Standard F 1163 while riding, driving, mounting, dismounting and being near horses may reduce the severity of some of the wearer’s head injuries and possibly prevent death occurring as the result of a fall or other occurrences.

    I _______________________________________ knowingly and voluntarily assume all risks associated with any xxxx equine or activities, including, but not limited to, inherent risks and the risks of negligence by xxxx, its officers, directors, employees, donors or foster care providers, any xxxx members, or any person related to or involved with xxxx. I understand that knowing and voluntary assumption of these risks is a defense under law to any claim for injury or damage and a bar to recovery.

    In consideration of xxxx allowing me to possess, use, or be involved in any activity involving xxxx and xxxx equines, I agree to release (hold harmless) xxxx and its officers, directors, members, employees, donors, foster care providers, insurers and any others acting on their behalf (hereinafter collectively xxxx) of all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to xxxx's ordinary negligence.

    I ________________________________________ my family, heirs, invitees, guests, agents and licensees do hereby waive all rights which may otherwise arise from any injury, and shall not bring any claims, demands, legal actions or causes of action against xxxx, or anyone associated with xxxxfor any economic or non-economic losses due to bodily injury, property damage, or death, arising out of, or related to, any xxxx equine or xxxx related activity.

    In addition, violation of this Agreement by the Foster shall require him/her to pay the sum of One Thousand Dollars ($1,000) to xxxx as Liquidated Damages to cover the costs of investigation of breach of Agreement, recovery of equine and/or re-foster/adoption and other related costs. Furthermore, violation of this Agreement shall require the IMMEDIATE return of equine to xxxx at the expense of the Foster/Adopter. And, any and all legal proceedings shall be dealt with in the state of xxxx, not the state of the the Foster, or the equine.

    I HAVE READ AND UNDERSTAND THE ABOVE AGREEMENT:
    (I understand that I/we have the right to seek the assistance of an attorney of my/our own choosing prior to signing this agreement.)

    Name:_____________________________________________ __________________________________________________ _________

    Address:__________________________________________ __________________________________________________ _________



    Signature: __________________________________________________ ______________________Date:_____________________

    Witness:__________________________________________ _________________________________Date:____________ _________

    Please print, fill this out, and send to: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    PLEASE be patient, it takes a substantial amount of time to get in contact w with all
    these people, and we like to be sure that our horses are safe.
    Last edited by sketcher; Jan. 16, 2010 at 12:20 PM.



  8. #8
    Join Date
    Jun. 14, 2006
    Location
    MI
    Posts
    12,729

    Default

    Yeah. that's a big no in my world.
    A good horseman doesn't have to tell anyone...the horse already knows.

    Might be a reason, never an excuse...



  9. #9
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    7,425

    Default

    Some foster requirements:

    Adequate space without mud. (Hey I never have a drop of mud!!)

    Financial stability in terms of being able to care for a horse indefinitely. (yep we can all guarantee that).



  10. #10
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    7,425

    Default

    Geesh and don't forget the "vindication" page on the website. This is supposed to give me a warm fuzzy feeling about the horse I have signed my life away at my expense to care for?:

    'We have been told that the more people trash you and try to bring you down, the better you are doing... we hope that's true. Over the last four years we have acquired our own personal group of 'xxxx haters'... they spread as much negativity as they can, whenever they can, with total disregard for how it might affect the horses.

    These are some of the things being said about us:

    ~That we 'like' to euthanize.

    ~That we have falsified coggins/health certificate papers.

    ~That we (persons name) misappropriate funds, we can't account for where the money has gone.

    ~That we breed rescues.

    ~That we don't vet horses. (funny)

    ~That we don't check out fosters, or their places.

    ~That we don't actually adopt out horses. (see Updates/Adopted)

    ~That we move Noir 'too much'.

    ~That we are 'willing to hurt children'.

    ~That xxxx 'uses' people.

    ~That it's our (xxxx) way, or the highway. (This IS true! If you can't follow simple safety procedures, you can not foster/adopt a xxxx horse.)

    ~That we 'dumped' a fundraising group... except that they had been soliciting funds with xxxx's name and nonprofit status, but not giving the money to xxxx, and later wanted a 'commission' on money raised. We applaud their efforts and hope that they continue to fundraise for horses, but we could not continue to let people believe that the money was being raised for xxxx when we really had no idea where it was all going. We try to be responsible about all money collected and where it goes.... And... a commission?

    ~That we have unfairly taken horses away from fosters. Technically, we have repossessed THREE horses, two from a foster that was not taking care of them, and one from a foster and his girlfriend who refused to follow simple contractual rules (endangering horses, a child, and putting xxxx in a very bad position), regardless of repeated attempts (6+ months) to resolve the issues. The other, complaining about how we 'yanked' a horse from her was not a 'foster'... she was charging us board, telling us that she couldn't afford to foster, and had him going so poorly under saddle that she claimed that the problem was a sore back and lameness issues (neither of which he had prior, and both of which were mysteriously gone 2 days later.) ...Yet, when we moved him to a reputable trainer who was happy to donate board and professional training .... we were awful....we had 'used' her and treated her so badly... ):

    We sincerely hope that before you join their 'group' that you will take the time to do a little research... see what we are doing and have done, talk to those who know us, and not just jump on the bandwagon with a bunch of sour grapes. We hear a lot of the junk that some people say, and feel the need to vindicate ourselves. Some people have a snit over little things and feel it neccessary to run around trash talking us, please spend the time finding out WHY they trash talk us. If you have ANY questions, please ask!! We have vet records, vet bills, photos, emails, and witnesses, people who will back us up... all of which will counter much of what is said about us. We are also happy to refer you to vets, farriers, dentists, hay guys, grain stores, fosters, adopters, and people who have known us since the beginning. We are far from perfect, have learned a lot along the way, and will continue to learn. This isn't a popularity contest, we are doing what we believe to be is in the best interest of the horses....we don't deserve much of the crap that is spread about us.

    And, it doesn't really hurt xxxx, it hurts the horses that need our help.

    (Please see the Testimonial page.)"



  11. #11
    Join Date
    Jul. 19, 2007
    Location
    Michigan
    Posts
    11,967

    Default

    Wow.

    Actually my dealbreaker is the first initialed clause, but yes, the helmet rule is insane and probably unenforceable if understandable in a warped way. Basically, they're saying even if you adopt rather than foster, they own the horse FOREVER, you can't make any decisions about it, and as such they want you to wear a helmet so you don't sue when you fall off riding THEIR horse, ditto the requirement that everyone who has contact with the horse sign a liability waiver.

    This one's a doozy, too: ______You understand that no matter how much money you put in to said equine that XXXX owns it and has the right to do with it as needed.

    I wonder if they have actually had a real lawyer look this over and determine if it's enforceable under the state in question's contract laws. If it is, then to be honest I'd think you would have to be insane to sign it. You're basically agreeing to pay for all the horse's expenses and they can yank it at any time.

    They might SAY some clauses only apply to fosters, but it's not made clear.

    Personally I'd rather just buy horses, not mess around with "adoption" contracts.



  12. #12
    Join Date
    Nov. 2, 2001
    Location
    In Jingle Town
    Posts
    36,414

    Default

    sounds eeriely familiar....

    I could overlook the helmet clause, but signing all rights away in case of harm/damage done by one of the fosters...I mean they could send you a loony killer horse...

    too much paper work, though I suppose they have their reason for it.
    Quote Originally Posted by BigMama1 View Post
    Facts don't have versions. If they do, they are opinions
    GNU Terry Prachett



  13. #13
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    7,425

    Default

    Quote Originally Posted by danceronice View Post
    if understandable in a warped way.
    It's ALL understandable...but yes warped is putting it mildy when looking at the whole picture.



  14. #14
    Join Date
    Jan. 14, 2003
    Location
    Massachusetts
    Posts
    7,425

    Default

    Quote Originally Posted by danceronice View Post
    If it is, then to be honest I'd think you would have to be insane to sign it.
    It took me 30 seconds of reading to know there was no way I would sign it.

    It would take me too long to fill out all the information..you know about all the criminal charges and complaints with animal control and documentation about any serious injuries to my horses in the past contact information for my local SPCA office, special dispensation from the pope and a note from my mother and god himself.

    Because you just know people who hoard collect, neglect abuse, resell or whatever would be perfectly honest when filling out the contract.



  15. #15
    Join Date
    Aug. 28, 2007
    Location
    Triangle Area, NC
    Posts
    6,744

    Default

    RUN!

    Yes rescues can make you jump through hoops, and some hoops are silly, but that contract doesnt even make coherent sense. No matter what THEY own the horse, but YOU always have to pay for it?! All the fosters I know provide the food, vet, farrier, etc you provide the space, love and attention.

    I bet they have 90 gazillion cats too.
    www.destinationconsensusequus.com
    chaque pas est fait ensemble



  16. #16
    Join Date
    Oct. 13, 2009
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    College View
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    You could always just go to the nearest auction and save a kill horse. You can stand there and look one in the eye and say... "this isn't going to happen to you today" You can take it home to a nice place with a clean bedded stall and all the hay it can eat and know you have done a really nice thing.


    1 members found this post helpful.

  17. #17
    Join Date
    Dec. 21, 2009
    Posts
    740

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    Yikes. No matter how much money you spend they own the horse?

    Sounds like a terrible idea. You can rehab a lovely horse and they could just take it back for profit. I would never sign that, time to find another horse to rescue.



  18. #18
    Join Date
    May. 6, 2009
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    The helmet rule is perfectly reasonable since they are the legal owners of the horse. I would not let anyone ride my horse without a helmet.

    Not sure about some of the other stuff.
    2012 goal: learn to ride like a Barn Rat

    A helmet saved my life.



  19. #19
    Join Date
    Feb. 22, 2007
    Posts
    3,928

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    Quote Originally Posted by sketcher View Post
    It took me 30 seconds of reading to know there was no way I would sign it.

    It would take me too long to fill out all the information..you know about all the criminal charges and complaints with animal control and documentation about any serious injuries to my horses in the past contact information for my local SPCA office, special dispensation from the pope and a note from my mother and god himself.

    Because you just know people who hoard collect, neglect abuse, resell or whatever would be perfectly honest when filling out the contract.
    To be fair, I've volunteered for several rescues and every one of them had a section on their foster and adoption contracts asking about previous complaints/criminal charges, and more than one asked about major injury and illness, usually in the past 3-5 years. In fact a couple even asked for the reason of sale or cause of death for any horses you owned previously but no longer do. That makes sense to me. Yeah, the real jerks will lie, but I'm sure it weeds out the idiot who keeps selling horses because they all develop bad habits or whatever, who may just be ignorant but probably shouldn't be adopting a horse yet.

    I can also understand the helmet issue as they do still own the horse, so that's really their call--I don't let people ride my horses without a helmet, even if it is on their property. However the question becomes whether that is a reasonable enough concern to forbid it in their contract and risk turning off potential foster homes, which I'm not sure of. I wonder how much it is just in there as a CYA in case someone does fall off without a helmet and bash their head--the rescue can then go "oh they weren't supposed to be doing that!" if someone comes after them.

    Also, where does it ask you to certify that your property must be free of mud? I may just have missed that part, but the only thing I saw was it simply asking about the mud. That's a valid question IMO.

    That said I would be nervous about a few clauses in that contract and I probably wouldn't sign it myself. Also that 'vindication' page sends up a lot of red flags...we all know that there are some jerks out there who want to tear down even some excellent organizations, but it's unprofessional and a little nutty to make a whole page devoted to them.



  20. #20
    Join Date
    Aug. 22, 2001
    Location
    Almost Aiken
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    3,709

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    Is this "rescue" in WV, by any chance??



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