Why It Matters
A horse training agreement contract is a vital part of a horse trainer & owner relationship. If not addressed properly from the start, a horse training program can be a rocky endeavor that could have been settled with a clear, concise contract dictating all aspects of the question and expectations from both sides.
For the horse owner, a horse training contract creates a safe place for your horse to train and grow. You and your trainer will know exactly what to expect from the training period and what is expected of you in turn. Your trainer will understand how to bill his or her services and what specific services are included in the training. This not only protects you, the horse owner , but it enables your trainer to plan for you.
A horse training contract protects the trainer too. If the horse suffers from an injury that requires time off and the owner wishes to continue training, the trainer knows exactly who will be covering the cost of the additional training time. If the horse needs additional supplements or care, this is clearly stated in the contract. A well-written contract can help if a horse owner decides they do not want to move forward after a certain point, leaving the trainer high and dry.
While a horse training contract protects both parties, it is the responsibility of both the horse owner and the trainer to execute the terms of the contract. A court will not enforce a contract if one party is in breach.
Essential Components
There are a few key elements you will want to include to ensure that both you and your trainer have a clear understanding of the agreement. What is the duration of this training? Every trainer may have a different firm policy. Work together to ensure that a suitable length of time is determined. You don’t want to make a rush decision here or the horse, as well as the trainer, will suffer. What are your payment terms? Again, each trainer will want to be paid in different ways. Some may require a retainer. Others may want a down payment and then a few subsequent payments. Still others may even prefer for the bill to be covered entirely. Whatever you decide, make sure both you and the trainer are comfortable with it. You can also decide on weekly, monthly or even quarterly payments. Liabilities should be clearly outlined in the contract to ensure everyone is protected. Not all trainers are looking out for your best interests. There are certain things that should be included, such as giving prior notice before ending the contract to ensure the owner has ample time to find a new trainer. It’s essential the contract states that the trainer is responsible for damages and injuries to both the horse and rider while on his or her property and they will be reimbursed for any additional animal care costs. Also, if you are under the impression that your trainer is looking after your horse’s breeding and care needs, put it in the contract. Let him or her know you will be using them for bimonthly or monthly pregnancy checks so if anything is amiss, they are the ones who will be responsible. Yet again, if the contract does not expressly state this, they may have the option of clearing their liability in this matter. Some other areas you will want to focus on in this section are the following: • Stipulations for all horse vaccines and medications • What occurs if the horse gets damaged, sick or injured • If your horse will be stabled overnight • What veterinarian will be used for examinations • Claims of liability surrounding board • Whether insurance will be needed or not • What happens if the horse is performing well and/or the owner isn’t happy with the trainer • Who is responsible for transportation costs for boarding and lessons • What happens when the trainer or owner needs to leave town for an extended period These are just a few ideas of what you will need to include in your horse training agreement contract. The more clear pointers you have listed off, the less likely you will encounter future problems with the agreement.
Specific Goals
Clarifying the training goals in the contract helps avoid arbitrary and subjective evaluation of performance. Oftentimes there are several different objectives stated in the contract such as "improve horse’s performance", "build horse’s confidence" and "refine horse’s skills". In a well-worded contract, these general objectives should be broken down into measurable, specific goals. To the extent possible, horses being trained should be held to specific standards (such as those adopted by an authoritative barn association or governing body) that are specifically outlined in the contract.
These standards are often based on bronco grades, AERC conditioning standards, field trial standards, APHA, USEF, USTAF, AQHA and other well-known national and international organizations. Some of the standards may include the horse’s time, speed, number of trips and/or qualifications. The contract should define what the terms "improve", "build" and "refine" mean, who is responsible for monitoring, and how often and who will hold accountable for the achievement of these goals. For example, if your horse is ridden three days a week and worked with on the ground four days a week (which is common during training), is your horse measured every week or is it only measured at specific check points during some part of the contract? There are many other questions that can and should be asked of both the trainer and the client before signing the contract and this is only the beginning. In short, be as specific as possible, so that both the trainer and the client are held to the same standard.
Health & Safety Concerns
Equine services agreements almost always have clauses which reference the health and safety of the horse. Two such clauses in an agreement really require a deep dive—state law issues relating to liability for a "dangerous animal" and state law issues relating to the humane treatment of an animal. Medium secure care and treatment facilities for horses are becoming popular, so clauses related to "care and treatment" are also common.
A court would interpret these clauses strictly. The current popularity of the term "humanely treated" when referring to animals has nothing to do with contract law. The contracting parties should take the time to discuss the meaning of "humanely treated" and whether any more specific requirements are necessary.
The American Anti-Vivisection Society, founded in 1883, published the Model Animal Welfare Services Agreement (Model Agreement) in order to protect service providers from claims. The draft agreement has been revised over the years to reflect changes in the law and changes in the services offered, and the current version is highly recommended because the authors of the Model Agreement should be aware of relevant laws.
The American Horse Council has a Equine Facility Lease Agreement that it offers to members. It is very brief, with just a few simple clauses related to fairness and humane treatment. It is also available for comment. Members of the public may want to join the AHC in order to offer suggestions .
One of the major gaps in publishing statements of industry standards is the lack of reporting on the results of veterinary inspections. Insurer inspections are usually not published, but if those results were published, and in particular, if the inspectors’ stated requirements were published, then owners would benefit by seeing what is done by other owners in order to obtain discounts on their insurance premiums.
A clause stating that the owner has advised the service provider of any known health issues may be necessary to avoid future conflicts, and the clause should use the same language used by the veterinarian to describe the horse’s serological status, so it is best to use the full and complete phrase as found in the written report. Such a clause may also spell out the owner’s right to refuse certain types of treatment. The clause should not only be in the equitable provisions of the contract, but also be repeated in the part of the contract that deals specifically with indemnification.
Prevailing legal opinion in the United States is that the owner of a boarding, service or training facility is not legally responsible for the horse’s injuries, unless state law is particularly unfavorable to facility owners. However, there are definitely judicially approved ways to defeat motions to dismiss for alleged negligence. Even when a motion to dismiss is granted, a directed verdict motion will often be denied at trial when the claim is negligence.
Dealing With Disputes
Including a dispute resolution clause in your horse training contract is vital to the success of the working relationship. Frequently, clients will complain that their trainer is not following equine industry best practices, has committed acts of negligence, or has otherwise breached his or her contractual responsibilities. While you may have a firm belief that the trainer has mishandled your horse, proving such a claim can be an expensive and time-consuming process. Frequently, it is better for both parties to resolve their dispute amicably and avoid the cost and stress that can ensue from litigation by including a reasonable dispute resolution process in the contract.
The dispute resolution process is triggered when you and your trainer reach an impasse and can no longer agree on any items that were contracted. Both parties are then required to engage in mediation or arbitration before further action can be taken. Mediation is an informal discussion with a neutral third party. The mediator is not given the power to determine the outcome of the proceedings. Rather, each party is given an opportunity to present his or her side and exercise their interests. The goal is for the parties to see the issues from each other’s perspective in order to reach a win-win solution.
Arbitration provides an extra layer of formality in mediation and allows the mediator to become an active participant in the proceedings. The arbitrator is given the power to render a decision, similar to that of a judge, and can even provide a written opinion. The proceeding can be either binding or non-binding, and the parties may have the option to appeal the decision.
A qualified equine attorney can work with you to develop the most effective dispute resolution clause for your horse training contract.
Legal Aspects & Drafting Advice
While the scope and purpose of a horse training agreement contract can often be negotiated between the parties, it is important to ensure that it is contained in those contracts to avoid possible disputes later on. The following are some suggestions to help you with the legal drafting of your horse training agreement contract:
Language and construction. Always use plain language in your agreement. Use consistent words and phrases throughout your contract. Avoid using acronyms and legal or technical jargon , unless it is absolutely necessary.
Terms and conditions. Always include the relevant terms and conditions of the contract. Include things such as date of commencement, termination, payment provisions, cancellation policies, specific services to be provided, etc. Additionally, always have the parties expressly agree to the terms and conditions of the contract.
Obtain professional help if necessary. If you are inexperienced in drafting legal documents and contracts, it is always a good idea to obtain the assistance of a lawyer to ensure the proper protections are included, and that you are protected as necessary by sanctions and regulations in your area.