Barn owners -- hypothetically

[SharonA1]

No need to tell me; I’m not the one in the OP’s hypothetical situation.

But if I were, I would quickly find a release form and have it signed before anyone got on a horse. My experience is that many BOs/BMs rely on very non-hypothetical contracts and make riders sign a very non-hypothetical release form for their protection.

The OP would have to contact a lawyer to define whether the horse owner contracting privately with a horse rider to give lessons to a private party, on the horse owner’s horse, would put the barn at risk, if a release form had been signed.

[clanter]

In general, liability releases signed by a parent or guardian on behalf of a minor child for equine activities are often not enforceable against the child, as minors typically cannot waive their legal rights.

[2DogsFarm]

But they ARE enforceable to the parent/guardian who signed on behalf of the minor.
Whether or not they mean Diddley for the defense in a lawsuit is another matter.
Isn’t the saying re: waivers:
“Not worth the paper they’re printed on.”?

[Annie10]

@SharonA1

What does your written contract say?

If no contract, or the contract doesn’t specify “adults only,” I would allow it this one time because it’s not the children’s fault and heaven knows we need young riders, but I would be clear that this was a one-time thing. I would explain this to the parents as well as the owner, as clearly the owner has a more-casual approach to horses than does the BO. And then I would direct the parents how to find a more-appropriate barn. (Again, it’s not the parents’ or the children’s fault, and it would be nice to encourage the hobby in some small way.)

I would not handle it this way. My answer would still be no.
But if OP does decide to let the kids ride it would be a pony ride only not a lesson of any type.

[OverandOnward]

@2DogsFarm

Isn’t the saying re: waivers:
“Not worth the paper they’re printed on.”?

As I pointed out above – the waivers are for the psychological effect on whoever is signing them.

Most of the people who sign don’t know how little they stand up in an actual lawsuit.

“But I signed a waiver” is often the first thought of an injured party wondering if there is grounds to sue. Often they don’t get beyond that. Generally speaking, many people aren’t good at research on their own behalf.

[Impractical_Horsewoman]

In terms of how I would feel, I would be thinking of the Mrs. White “flames coming out of my face” meme from Clue.

Even if you did run a lesson program out of your barn and had other kids coming around, this still wouldn’t be okay. You’re the property owner. You don’t know this trainer who is giving a lesson. You cleared the riders to exercise the horses of the boarders. You didn’t give them permission to teach lessons on your property, and you didn’t clear these particular kids to ride. I can’t help thinking that the way this was done–not asking the OP beforehand–was to pressure her into not saying anything, with the kids coming over ASAP.

[Spyder]

All your responses are in line what my feelings are. A big NO. And no, it’s not OK to ask forgiveness rather than permission in such a consequential occasion.

Thanks, all.

[OverandOnward]

@Spyder – Your first post sounded like a real situation that really happened, couched as a hypothetical one, to protect the guilty (as they say).

So it was a genuine hypothetical, then? Or it did happen and the horse owners had their plans brought to a halt?