Half- lease Lessee Liability

[reithme2]

After losing my TB this spring I found a horse to half lease while I figure out what I’m doing long term. I’ve half leased before and was happy to sign on a month-to-month contract BUT the contract included some language I’m not comfortable with.
Curious what others think - am I over reacting?

Language is: ‘lessee assumes risk of loss or injury to said horse when under control and supervision of the lessee.’

To me this implies I’d be liable for loss of use and/or associated vet bills should the horse be injured and possible cost of horse which isn’t stated in the contract. I always assumed that lessor would pay if horse was injured unless negligence was involved.

When I asked trainer who I’ve been communicating with (trainer does not own horse) they said that would only be true if lessee was negligent…
looking up lease contracts I’m seeing this language more and more so perhaps it isn’t a big deal but the owner of the horse is not really around and while the horse is clearly cared for I don’t know much about it’s medical history, etc. horse is also half leased to another person (teenager).

Should include additional language around only liable if not negligent?
Contract states 30 day notice must be given before beginning of the month, So at most I’d be on the hook for 59 days of bills assuming horse was injured at the beginning of the month?
I know nothing about contracts but want to ensure I protect myself as this is a really cheap lease on a horse I don’t know a lot about and it’s not worth a huge risk to me.

[clanter]

@reithme2

Language is: ‘lessee assumes risk of loss or injury to said horse when under control and supervision of the lessee.’

I am not an attorney but worked with contracts for decades… my reading is that you would be fully liable for all expenses and if death or complete loss of use resulted you would be on the hook for the value of the horse. Is there an agreed value stated or will you be at the mercy of the owner’s in their mind value of the horse?

I would ask and pay an attorney who knows equine law to review the contract rather ask a trainer

[reithme2]

No horse value is listed in the contract - which is odd as I agree with your interpretation.
I also agree it be would be smart to work with a lawyer - it’s such a cheap lease I’d rather not have to go through additional time and expenses to have this reviewed and altered, etc.

[wsmoak]

That definitely needs clarification. In writing, in the contract.

Even for a cheap lease, a few hundred dollars to have a lawyer go over the contract is money well spent. Depending on your location, this is one option: https://www.facebook.com/MacQueen-Equine-Law-2263459037207515/

I get that the owners don’t want to get stuck with a broken horse… but if you wanted to take on all the risks of ownership, you could just buy a horse.

Personally I would rather pay a reasonable fee for the lease and have that be written into the contract as my entire responsibility. (With the additional requirement of maintaining insurance, if the horse is insurable – but with a half lease I’m not sure how that would work.) Or just pay per ride if that’s easier.

Speaking of negligence, are you insured for that as well? If the horse does get injured and they claim you were negligent, do you have liability insurance that will defend you and pay out if necessary?

[reithme2]

Ugh - I’ve half leased horses a half dozen times in college and post college years and never had issues, often never signing a contract which with an owner I knew and was more involved. Or contract mostly pertained to lease price, notice, don’t take horse off property, etc etc…

I agree I don’t want to be liable beyond the lease fee, ideally.
I have home owners insurance and live in the city - I’ve never take on additional insurance to lease. I’m assuming I wouldn’t have coverage in that case.

[TheDBYC]

Is this horse living at a boarding barn under the care of a trainer?

[wsmoak]

Yeah… it’s different when you’re young (and immortal) and presumably don’t have much in the way of assets to protect. Once you start building up savings and buy a house, at some point it’s “huh, I could lose all of this if it goes sideways.”

I didn’t mean to buy separate insurance for the lease – more like that if this is starting to now cross your mind, an umbrella liability policy on top of your homeowners might be something to consider.

[reithme2]

Yes - horse lives at a boarding barn and seems to be supervised by trainer - idk how involved owner is but doesn’t seem very involved.
I get the idea of being at fault or liable for an offsite or full lease but as a half leaser I make no decisions on this horses care so would seem crazy that I may be liable if it gets injured - what if it is due to how the horse is shod or saddle fit - none of which I have control over.

I think the likely hood of the horse getting injured while I’m riding is low and even lower that they’d blame me. I think if they added language about negligence id feel better because theyd then have to prove that which would be even more unlikely.

[Groom_amp_Taxi]

As the potential lessee, if you are not comfortable with the language in the contract, ask that it be modified. You don’t have to get a lawyer involved. A lot of successful leasing is about clarifying and managing expectations, and there is definitely a grey area in the example cited - so clarify it. My personal experience with written agreements covering casual part leases is that the written agreement is usually based on a boilerplate show type lease and there is a lot which doesn’t necessarily apply.

[clanter]

@Groom_amp_Taxi

ask that it be modified.

Really it goes back to Risk and what how much one wishes to assume

If minor corrections those corrections can be handwritten onto the document with both parties noting the change (before signing the document) .

Major modifications such as removing the verbiage about “‘lessee assumes risk of loss or injury to said horse when under control and supervision of the lessee.” should be removed from the document and a new contract printed without the verbiage. Just do not strike those lines on the existing document

[blue_heron]

The lines need to be clarified. I would not be signing that lease as it is currently written.

I’m also not sure I would be leasing a horse through a third party. IMO owner needs to be involved.

[Vyce]

I leased a horse full time over the winter and that was not in my contract. I was only responsible if it was lessee negligence that caused injury. Everything else was covered by the owner.

[fourfillies]

I’d postulate the leasor (or trainer as their agent) is using their typical “Full lease” contract/language without adapting it for a half lease, or if so cheap, more akin to a “share board” situation. I’d talk to the trainer, who is presumably acting as the leasor’s agent (which should be clear in the lease, or clarified before you sign it) to remove the liability language. IMO it’s not typical or reasonable for your situation. But, people can (and do) ask for all kinds of unreasonable things.

[js]

What if the horse was injured during the time the other lessor had it but showed up lame when you have it? There could be instances the horse could become sick or injured during the other person’s time with it but didn’t present ill/injured until you had it. Then who would be responsible and how would you prove it happened under the other person’s care? I would also want the value of the horse declared so you know what you could be responsible for. Also who pays regular vet care, farrier etc.is it split costs, might want that in the contract also.