Your Guide to Horse Boarding Contracts
All boarding facilities should use a written boarding contract that clearly states the working relationship between your horse and the facility. This document should state the following:
- Services to be provided by the facility, including turn-out, cleaning, feeding, and exercising.
- Responsibility for the costs of hay, feed, equipment, veterinary care, and additional services.
- Rights of the facility and of the owner in the event boarding fees are not paid.
- Other rights and obligations of the parties.
Such a contract allows the parties to clarify their rights and responsibilities, which may be unclear otherwise. In addition, a written contract is enforced according to its terms and conditions. Whether or not you and your facility entered into a written boarding contract, parties may not negate rights or responsibilities that flow from ownership of the horse.
In the absence of a written boarding contract, the liability of the boarding facility is determined by state law. In some states, such as Maryland, a boarding stable is classified as a "stablekeeper", or an individual who receives and keeps a horse for hire. Under this definition, a stablekeeper has an "innkeeper" (or hotelier) type of liability . This means that if your horse is kept at the facility and dies, the stablekeeper could be liable for damages only if it acted in a negligent manner or converted the horse to its own use, without your consent. The distinction between stablekeeper and boarding stable is more complicated than this. If you want to know more about this type of liability, consult with an attorney in your state.
When parties enter into a written boarding contract, the contract should include all terms and conditions agreed upon by the parties and should specifically state the parties’ rights and obligations. For example, if the facility is going to board your horse for a flat fee, that should be in writing and should state any services included in that fee (blanketing, holding for veterinary care, etc.). Likewise with a daily rate or hourly rate. If the boarding fee must be paid on the first of the month, that should be clearly stated. If the facility requires the client to purchase all feed and bedding and pay for all veterinary care, that should also be stated.
In some states, a boarding contract may be modified by the parties. If the boarding contract requires a minimum 30-day notice to terminate or a deposit, the terms of this type of agreement should always be honored.
Essential Components of a Horse Boarding Contract
Regardless of the level of risk, a good horse boarding contract is an essential step to protecting both the horse owner and the barn owner. It is important not only to know what to put into a basic contract but also what the key elements are in a horse boarding contract and what they mean to a horse industry professional.
Facility Information: The address and name of the facility should always be the first thing mentioned in a horse boarding contract. This will help to avoid any confusion as to where the contract applies based on what facility the animal goes to. It also allows for any legal correspondence to be sent to the correct facility. However, it is not uncommon for a facility to change location so a clause should be included that states the contract is valid at "any of (Facility Name’s) locations." Services Provided: Services in a horse boarding contract could include who provides the feed and hay, when the feed and hay is provided, if there is an exercise ring and who has access to that ring. Does the owner get charged if their horse is out of the ring for a day due to an injury or if the owner didn’t use it? What services are provided for injuries or sickness? Who decides if the horse is okay or needs medical attention? These are important questions to clarify before there is an issue and many times this is when it is most helpful to have a horse boarding contract. It can also help iron out what happens when the owner does not pay for services. Payment: If payments are due at the beginning or end of the month, how late can the payment be before fees accrue? How much and how often do they accrue? Is there a grace period for the owner to make the payment or do they have to have payment in hand by a certain date with no exceptions? In addition to setting a schedule, it is important to discuss how payment will be made. Will it be accepted as credit or debit or is it a requirement that it be paid in cash? All of these questions are just as important to consider and discuss as the cost of services. Payment matters can become messy and lead to legal matters very quickly and it is important not only to make sure the owner is aware of the payment arrangements but also the barn manager is as well. Duration of Stay: Having a set duration for your stay is important. This is important just as much for the owner as it is for the manager. The duration of stay is important because it is a way to guarantee income for the barn owner and it is important because it allows the owner to know what to expect and when. Once the horse arrives and a payment schedule is established, you can get a feel for whether it is going to be a long-term or short-term arrangement. It is important to clarify how long the horse will be staying and if they need additional time, how much additional time and under what circumstances are they able to stay? Are all late fees acceptable? How far can they go into debt and can they stay on property while some form of debt is owed? What are the costs associated with removing the horse from the property to make a payment?
Various Types of Horse Boarding
When discussing different types of horse boarding options, you may hear words such as "full board," "partial board," "self-care" and "pasture board." As you might imagine, these different phrases describe how much care will be provided to the boarded horse and how it will be provided. They also have some legal effect in the context of a boarding contract.
Full Board
Full board typically describes an arrangement where the horse is fed and taken care of by the barn staff, often including feeding, watering, mucking, and pretty much everything else. A full board package will include board for more than one horse or pony and will include certain number of feedings, weekly stall cleaning, use of the facilities and riding areas. It is important to note that the language used for this section of the contract is important in whether there is an employer-employee relationship, or if the boarding facility is providing services as an independent contractor. If in the contract it simply says that the horse is provided care and they will do xyz, then you have to look closer to determine if they are subcontracting the variation of service or if the person who is performing the service is the employee (which would make them an employee of the stable and therefore the employer’s liability policy should cover an injury to a third party or injury caused to the employee).
Partial Board
Partial board is when the owner agrees to handle some of the duties (and costs) related to caring for the horse. The owner of the horse agrees to perform some of the tasks and work for the horse so the boarding fees are reduced.
Self-Care
Self-care means that barn owner/landowner agrees to rent the space to you so you can maintain the horse. This could mean that you build a shed on the property and keep the horse on the pasture, or that you keep the horse in existing pastures on the property and rent the use of the pasture and just regularly go down to water, check for injuries, etc. Self-care means you care for the horse, but do not own the land and you don’t actually own the barn(s) or stalls unless you rent those too. In some states, the liability pertaining to self-care should fall back to you, making self-care riskier than an employment arrangement where the owner can maintain liability protection.
Pasture Board
Pasture board is usually an even more reduced form of self-care in that the horse is kept in field and the horse owner maintains any fencing, gates, etc. Often the pasture is not as well maintained and you are responsible for the care of the horse while it is in the pasture.
Bargaining Your Boarding Contract
Horse owner/riders can take proactive steps while negotiating a boarding contract to achieve terms that are most favorable to you and tailored to accommodate your needs. Those steps include consideration of the type of care that best suits your horse’s needs and that you have the time and resources to provide, travel options to see your horse each week, the type of exercise you will be able to provide on a given day, whether and how frequently you hope to schedule lessons, how you will and/or your trainer might sell your horse if that need arises, and what the contract will allow you to do to be on or around the property without infringing on the ranch owner and/or manager’s ability to care for the other horses and/or riders on the ranch.
Knowledge and creativity are allies while making decisions that will provide you with the freedom to customize your horse’s care and your enjoyment and pleasure of being with your horse. The ability to apply those traits creatively may turn a contact that seems to give you little flexibility into a customized contract that is just what you need.
When negotiating the provisions of your boarding contract, consider negotiating the monthly fee depending upon the services provided. For example, you can negotiate a reduced fee – say $20 per month – in exchange for taking care of your horse (feeding, cleaning stalls, exercising, grooming and providing veterinary care) one day per week. As long as the ranch owner or manager has the means to observe your work with your horse and verify that the work was done, there is little risk that anything will go awry if you negotiate that provision of the contract correctly.
Similarly, you may be able to negotiate a lower rate if you are willing to accept only those services that the ranch owner or manager is unable to ensure are "done right." For example, if the ranch takes care of the feeding, watering and exercising of the horses, the tack and blanket needs of those horses, and the cleaning of the stalls and paddocks, you may be able to negotiate a significantly lower rate because it will not interfere with the ranch’s ability to fulfill its general duties to the stock on the property and to ensure the horses are cared for in a professional and safe manner.
If you offer to exchange money and care for the horse for board or training, be sure to obtain everything in writing and do not enter into a verbal agreement with your trainer or a boar, none of which will be enforceable. And be sure to keep your promises because your word is your bond.
You should also consider the days when your horse will need additional care, veterinary and/or training services and determine how that will affect the board rate. You should also consider how those additional services will influence your ability to show or sell your horse, and determine whether the ranch will provide some of those additional services for an extra fee. Alternatively, you can negotiate free and available opportunities to use ranch money for those services or offer to share the cost of those services to reduce your board rate.
Additionally, be clear with the boarder about what time you will be in and out of the property, and where you will park. Make an accurate estimate of the time you will spend on the property, and stay within those bounds each day to reduce the ranch owner’s resentment at having you on the property when you become a nuisance.
Consider whether you want to board your horse at a facility where you can live with your horse year-round or whether you plan to board your horse at a facility where you have access to your rider during the summer, fall, winter or spring. If you plan to use your horse only in the summer, with occasional rides in the fall or winter, determine the charges for the ranch stabling your horse when you are not using its services, and decide what you will pay for freeze protection, exercise, health monitoring and other services.
To increase the probability that you will be able to influence the terms of your contract and be able to obtain the services you need to enjoy your horse and ensure its health, training, and exercise, be creative and flexible as you examine the contract’s terms and seek to ensure that you can live comfortably with your horse at its home. That will increase the chances that the ranch owner or manager will agree to negotiate your contract on more favorable terms that will increase the odds that you will be able to "make your horse do what you and he must do together in order to have joy."
Common Pitfalls in Boarding Contracts
One of the pitfalls owners make is to purchase a consignment or generic boarding contract that has not been reviewed by an attorney who is familiar with equine property issues. Consignation or generic contracts often leave out details important to both the owner and the stable. In a rescission lawsuit, arbitration panel or mediation, the owner and stable would be bound by the contract and the court would not consider the parties’ additional oral representations that were not included in the contract. Another pitfall is to base a contract on what other stables have. All stables are different and conditions at the yard may change (i.e. newly built fence, horse injured or sick and requiring additional protective features) . The contract should be as specific as possible to the services offered on site and for the full treatment of the horse should it become injured or sick. Make sure that all of the items discussed during negotiations are incorporated into the contract. It is so easy to totally rely on what your friend says regarding the oral agreement, only to find out later that it is not what the contract provides. Determine from the contract whether there are any services that you are responsible for. For example, if you are responsible for walking the horse in the evening after 5PM and something happens to the horse, this liability may fall on you. Be very careful about anytime the contract states that you are responsible for me providing a service.
Horse Boarding Disputes in Court
As seen by the high number of cases that are litigated in court relating to horse boarding, disagreements on the terms of the boarding contract are ever present. Disputes can occur over any number of topics, from the payment terms of the contract, to the treatment of the horse, and even where the horse will be kept while at the boarding facility. A few examples of legal disputes that can arise relating to a boarding contract are as follows:
- A contract may be breached if a written or oral promise was made by the boarding stable to care for the horse and the stable did not perform this duty.
- Is there a duty to keep the horse free of disease?
- Was there a promise to board the horse in a specific location and the location has changed?
- What does the contract say about veterinarians?
- Does the contract have a liability or waiver clause?
These are only a few of the legal disputes that can arise depending upon the terms of the boarding contract. Often, parties will agree to alternate methods of dispute resolution rather than taking a legal dispute to court, such as mediation or arbitration. If an attempt to resolve the dispute between the parties is unsuccessful, it may be necessary to proceed with judicial intervention, through either a state or federal court. Counsel experienced in litigating equine matters is essential to understanding not only the nuances of the contract itself, but also the different regulations and statutes of each state that govern the equine industry.
Free Horse Boarding Contract Template
This Horse Boarding Contract (the "Contract") is entered into this _____ day of ________, 20__ by and between ___________________ ("Owner") and ___________________ ("Boarder"). The Boarder agrees to pay the Owner the sum of $__________ per month for board and any other services in accordance with the terms set forth in this contract. Rental charges are due and payable in advance on or before the first of each month at the boarding facility of ________________, located at ______________________. The cost of board does not include any additional services. If the Boarder requires additional services, such as riding lessons, grooming, exercising or special feeding, the Owner agrees to provide such services at an additional charge to be determined at the time such services are required. The Owner agrees to furnish the following services: 1. Pasture: A run-in stall is available if needed. 2. Feed Twice Daily. Owner shall provide all feed, hay and bedding. 3. Blanketing and shoeing of above described horse(s) when necessary. (Owner shall consult with Boarder prior to blanketing horse.) 4. One (1) hour of exercise of above described horse(s) in Owner’s arena, if available, each week. Owner will charge an additional fee if Boarder requires more instruction time in arena. 5. Routine exercise of above described horse(s), if requested by Boarder, at $_____ per hour. 6. Grooming of above described horse(s) twice weekly. Owner will charge an additional fee if the Boarder requires Owner to groom her horse more than twice weekly. 7. Veterinary and blacksmith care, if necessary, at Boarder’s expense. The Owner or any person authorized by the Owner shall have the right to enter in, on or to use the above described horse’s stall, pasture, tack, equipment or other property at any time. The Owner or Owner’s agent may move the above described horse to a different stall or pasture at any time. Owner reserves the right to change the terms of this Agreement by giving written notice to the Boarder thirty (30) days before any increase in price of services is to take effect. Boarder agrees to give Owner thirty (30) days written notice prior to moving any horse or ceasing all services. Owner shall have a general lien against the above described horse and all of the Boarder’s belongings at the stable to secure payment of all charges and fees due to the Owner. If Boarder fails to pay amounts due or comply with any other term of this Agreement, then the Owner may terminate this Agreement upon ten (10) days prior written notice to the Boarder after which the Boarder shall pay all board, care and fees due under this Agreement and the Owner shall have the immediate right of detention of the above described horse, tack and equipment until paid in full. Board is due regardless of anyone’s death, incapacity, or other circumstances beyond Boarder’s control. Owner shall not be liable for or be required to insure cover damages or loss of horse, tack, equipment, trailer, automobile or cargo by fire, theft, accident or any other cause. I understand that owners may carry insurance to cover the value of their horse. In case of illness or injury of horse, Owner shall in turn notify Boarder and shall have full authority to call for qualified veterinary advice and assistance and to take whatever steps, if any, are in the opinion of said veterinarian to be necessary or advisable to conserve or preserve the health of said horse, all at Boarder’s expense. All expenses incurred for veterinary services shall be due and payable by the Boarder upon receipt of invoice from the Owner. In case Boarder has to make final decision concerning care of horse, the Owner must receive Boarder’s instructions in writing. This contract constitutes the entire agreement between the parties and supersedes all prior understandings, agreements and representations which are either written or oral. No alteration, addition or modification of this Agreement shall be valid unless the same be in writing, signed by the party affected. This Agreement cannot be assigned by the Boarder without the prior written consent of the Owner. This Agreement shall be governed by the laws of the ____of _____________.
Boarding Contract FAQs
1. If I board my horse at someone’s residence, do I need a boarding contract?
Absolutely! The fact that you are boarding at someone’s home does not mean you do not need a contract. Ideally, you will have a written agreement, but in the absence of a written agreement, the parties will essentially be covered by an oral agreement which speaks for itself.
2. What happens if there is no written boarding agreement?
Even if the owner and the person who boards the horse have no written boarding agreement, and even if they have a verbal agreement which speaks for itself, Illinois law nonetheless provides that the boarding stable has a lien on the horse for nonpayment of board. This means that the boarding stable could sell the horse to recover the money owed .
3. Can a boarding stable charge more if a boarder has a stallion or other stallions on the property?
The boarding stable can charge more for the stallion if the stallion represents a greater risk. It must be careful in the contract to warn owners that there are increased risks for stallions and that there may be an increased charge for stallions to board on the property. In those contracts, the boarding owner is protected if a stallion does damage to the facility, such as chewing fences or even injuring horses.
4. What if I have galloping privileges in my boarding contract?
If you have galloping privileges in your boarding contract, then you have paid for such privileges and you should not do anything to jeopardize those privileges.