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Use of my horse in commercial without permission

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  • Use of my horse in commercial without permission



    So I have boarded my horse at a barn owned by the barn owner from hell... whom of which has had horrible book keeping skills "losing" my payments and inflating supposed amounts i owed her due to these "lost" payments. On top of that I have paid for full care stall board at night for the entire time I was there. While there my horse was greatly underfed ..
    Going from a big easy keeper to every rib showing and hollowed hips in one month that I was unable to come out due to work and school and my kids... not to mention after being fed 2 flakes of hay in the morning... given maybe a bale worth of hay between 3 horses all day in a knee deep muddy paddock until dinner where he was let in for all of 20 mins to eat one handful of grain and be put back out into knee deep mud all night... all winter... despite my requests to keep him in at night and out of mud since he developed extreme scratches both winters/springs due to leaving him in mud and disregarding my requests... among other things... anyways.. back on topic. Barn owner from hell apparently made a commercial for her barn for lessons and horse camp and birthdays and such... using my horse for a good chunk of it ... while conveniently positioning him in the part of the commercial saying that her farm owns these 10 horses and has the ability to board 20 more... basically insinuating my horse to be the farms property. I am fairly certain i never signed a consent for photos or videos to be put in any commercial especially considering the crap quality full board care she provided my horse and the last thing I want is him in her businesses commercial.


    Do I have any ground to tell her his part needs to be edited out or if she refuses take legal action,

    I realize this might sound a little petty but the scene she caused when i had the trailer come to pick him up to move him to his new home demanding i pay her this random inflated amount that I completely diasagree with and have no idea how she figures I owe her or she wasnt letting me take him.. on top of everything up until now... there is no way I support her business and my big beautiful boy shouldnt be her poster child. (My horse was easily the flashiest there )

  • #2
    First of all you should ask that the mods move this to Off Course where it will get more views.

    Secondly, I doubt it. I think that using a boarded horse in a commercial about the boarding barn is probably pretty reasonable. Calling it an "owned" horse....maybe unethical but I'm not sure it's criminal.

    Sounds like a lot of things went wrong there; possibly including the way you took the horse out of there - most board contracts require a 30 day notice or you pay for the next month as well. Did you give notice or just have the trailer show up? It might be quite true that you owed her another month of board, regardless of how badly run the place was.

    You could retain a lawyer; it's probably all about what your board contract says. Probably the lawyer would be more expensive than its worth since it sounds like no injury or permanent damage was done.

    Comment


    • #3
      I wonder what the BO's side to this situation is. The last time I heard someone complain about the BO losing their board check IRL it was because they intentionally paid randomly and often in cash so the BO (who does have a bad memory) couldn't keep track of how much board wasn't paid.

      Unless you have hard proof of what you paid and what is owed, I'd just pay up and move on. Deciding unilaterally that you're not going to pay because the barn didn't provide something you think they should have doesn't count.
      Visit my Spoonflower shop

      Comment

      • Original Poster

        #4
        First.. all my payments were always made by either check or my banks bill pay. I sent her the screen shots of invoices.. there was a point I lost my job that i did get behind by 2 months and we agreed that I would be able to make payments on that. So i was paying my current board and my partial leaser was also sending her $100 a month on top of that to cover the difference. (Total board is 250) The month was fully paid up for this month and she had about a weeks notice.. our contract never stated otherwise and I had no issue paying for the current month ... when we spoke about me moving him i told her i would split my past balance into auto payments and she said ok without any other talk of demanding it so her blocking the door and demanding i pay in full an amount that was well over what i actually owed was off putting... never the less to avoid any drama i wrote her a check and took him.. even if i never see that money again its worth it to get him out of there.
        However ... my question isnt regarding the money... more money can always be made and my buddy is more than worth it to me to get him somewhere he is properly cared for.... i simply dont want my horse in her commercial i had enough issues with random people showing up to the barn asking if he was for sale... sketchy people i had never seen and random.accounts of hearing rumors rhat he was getting ridden by other people without my knowledge.

        Never confirmed of course...i know in the horse world buying selling and trading are common practice. But he is like my baby...and im more bothered that i was never even asked or notified of a commercial...

        Comment


        • #5
          Originally posted by HeadDownPaint View Post

          So I have boarded my horse at a barn owned by the barn owner from hell... whom of which has had horrible book keeping skills "losing" my payments and inflating supposed amounts i owed her due to these "lost" payments. On top of that I have paid for full care stall board at night for the entire time I was there. While there my horse was greatly underfed ..
          Going from a big easy keeper to every rib showing and hollowed hips in one month that I was unable to come out due to work and school and my kids... not to mention after being fed 2 flakes of hay in the morning... given maybe a bale worth of hay between 3 horses all day in a knee deep muddy paddock until dinner where he was let in for all of 20 mins to eat one handful of grain and be put back out into knee deep mud all night... all winter... despite my requests to keep him in at night and out of mud since he developed extreme scratches both winters/springs due to leaving him in mud and disregarding my requests... among other things... anyways.. back on topic. Barn owner from hell apparently made a commercial for her barn for lessons and horse camp and birthdays and such... using my horse for a good chunk of it ... while conveniently positioning him in the part of the commercial saying that her farm owns these 10 horses and has the ability to board 20 more... basically insinuating my horse to be the farms property. I am fairly certain i never signed a consent for photos or videos to be put in any commercial especially considering the crap quality full board care she provided my horse and the last thing I want is him in her businesses commercial.


          Do I have any ground to tell her his part needs to be edited out or if she refuses take legal action,

          I realize this might sound a little petty but the scene she caused when i had the trailer come to pick him up to move him to his new home demanding i pay her this random inflated amount that I completely diasagree with and have no idea how she figures I owe her or she wasnt letting me take him.. on top of everything up until now... there is no way I support her business and my big beautiful boy shouldnt be her poster child. (My horse was easily the flashiest there )
          What would be the basis of your legal action? What damages have you suffered?

          If the horse was on her property as a boarder and she took pictures of it doing normal boarded horse things (being in the filed, in his stall, you riding him, etc) I don't think you have any basis to object. Part of her advertisement was that she had room to board and you are reading in an insulation that your horse belongs to the barn but did she ever lie and state that?

          I know you are upset with the barn but I think you should just let this one go.
          Auventera Two:Some women would eat their own offspring if they had some dipping sauce.
          Serious Leigh: it sounds like her drama llama should be an old schoolmaster by now.

          Comment


          • #6
            Let it go. It is petty. It's not hurting anything.

            Comment


            • #7
              You should move your horse ASAP

              You should contact a lawyer, licensed to practice where you live, for legal advice.

              Comment

              • Original Poster

                #8
                I suppose youre probably right. My horse has been moved and is much happier and well cared for now and i have complete access to him.. what he is fed and i have a say in where he is put out to pasture. So I guess that is all that matters now. I have to believe in karma.

                Comment


                • #9
                  Originally posted by HeadDownPaint View Post
                  I suppose youre probably right. My horse has been moved and is much happier and well cared for now and i have complete access to him.. what he is fed and i have a say in where he is put out to pasture. So I guess that is all that matters now. I have to believe in karma.
                  There is a site, www.ratemyhorsepro.com that may help any chickens find their proper home to roost.

                  Comment

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