I need help with an offsite lease agreement

[EventingLady]

My horse is going to a barn down the road for a feed lease. She will be in full h/j and dressage training and have excellent care.

I really need help coming up with a lease. I’ve had her half leased out at my barn before, but this will be different because they are paying for EVERYTHING and its not under my supervision. I will have them get insurance, but what other clauses/rules/etc would you advise to include?

How do you handle medical bills/injuries that happen during the lease?

I want to protect myself and the horse.

Do any of you have sample lease agreements you could send me? I’d really appreciate it!

[FindersKeepers]

If you PM me your email, I will gladly send you the off-site lease that I have used in the last couple of years.

[gumshoe]

There is a good sample lease on Rate My Horse Pro.

The lessee doesn’t get insurance. YOU get insurance and the lessee pays the premium. That is the most hassle free way to cover that. The policy is in your name and if anything happens, it will pay you. Be prepared to justify the value you seek to have the horse insured for.

Who pays for what varies. I would have the lessee pay for everything.

Your contract should spell all of this out. Again, the RMHP sample lease looks pretty good.

[222orchids]

Things in my lease form, summarized:

1. Name, registration number, breed, gender and markings of horse.
2. Length of the lease term.
3. Lease fee/rent amount; paid up 100% in front, in cleared funds (cashier’s check or wire transfer)
4. Commission, if applicable; who pays and how much.
5. Use; what can the horse be used for; limits of jump height; who can ride it.
6. Trainers; if applicable, prohibit change of trainer during the term w/o your approval.
7. Care and maintenance: stabling, adequate food and water, clean environment, vet care, hoof care, grooming, turn-out. Lessee to provide records of any third-party care such as vet and blacksmith. All care expenses, whether ordinary or unforeseen, are the responsibility of the lessee. No extraordinary treatment or procedures without notice to you.
8. In case of injury: lease does not terminate. You get notice, consulted on all vet care and updated. If the horse dies due to their negligence or an event NOT covered by your insurance, they pay you the reasonable value of the horse.
9. Pre-lease vet exam: They must get an exam. You get results of the exam. Horse is leased in its as-is condition, w/o any representations as to its health or soundness.
10. Lessee’s representations: Lessee will not allow or cause any lien, charge or other encumbrance to be asserted against the Horse or Lessor’s ownership thereof; Lessee has the ability, knowledge and skill necessary to care for and maintain the Horse in good physical condition; and Lessee shall not sell, re-let, transfer or relocate the Horse without the express written consent of Lessor.
11. Insurance: You obtain a policy in advance and they pay you the premium for that, in addition to the lease fee.
12. Indemnity: They waive all claims for loss or damage arising out of the lease of this horse and hold you harmless for any claims raised by third parties who might suffer loss (e.g., if someone gets bit, kicked, etc.). Your state undoubtedly has some statute that allows for a disclaimer for losses arising to this “inherently dangerous activity”; put this in, in bold print. PM me if you want a copy of the Florida language that I use.
13. Special waivers will apply if the lessee is the parent of a minor child that is going to be the rider. This might vary by state.
14. Default: If they default on the lese terms, they immediately surrender the horse and you have all legal rights to pursue any available remedies.
    15: Surrender of horse at end of lease term: Horse comes back at lease-end and if not, a $200/day fee applies; return whatever tack was supplied with the horse too. New Coggins report 30 days before returning the horse at the end of the term.
15. Your access: you have “visitation” rights.
16. No liens. Get the barn owner to sign the lease also, specifically to acknowledge it has no right to put a stablemen’s lien on the horse if the lessee fails to pay the board.

That’s the checklist from my lease form.

[gumshoe]

[QUOTE=222orchids;7806067]
Things in my lease form, summarized:

10. Lessee’s representations: Lessee will not allow or cause any lien, charge or other encumbrance to be asserted against the Horse or Lessor’s ownership thereof; [/QUOTE]

A note about this: This is essentially the lease provided on RMHP. It’s all well and good to include this term in a lease saying that the lessee shall not blahblahblah. However, the person who may assert the lien should sign it too. I have this term in my agreement with an added paragraph for the owner of the facility to sign. Stating that THAT person will not assert any lien on my horse.

And have that person’s signature witnessed.

[EventingLady]

Awesome thanks guys. So is it standard that the lease doesn’t end if the horse gets injured? What if the horse injuries herself in the stall. THen what happens?

What happens if the horse bows a tendon while jumping, but it was no fault of the rider? Then what happens?

I think that’s the main thing i’m having trouble with.

[rb5007]

It just depends on how you want to handle it and what your lessee will agree to. I’ve currently got one out and one in on lease and in both cases it says the lease is terminable on 30 days notice if the horse is unable to be ridden for more than 30 days due to illness or injury. In the one case, I don’t want to be stuck with an unrideable horse and in the other case I don’t want my horse getting treated by someone else in the event of a serious injury. It just depends on what you want to do. My lease form says “routine” veterinary expenses are for the lessee. But there’s definitely some ambiguity and always will be.

[costco_muffins]

I have a good lease agreement that is tailored for Washington State, but you could have adjusted to your state. Written by my DH, who is a lawyer, but only practices here, so does not make warranties for any other state

If you want it, PM me your email.

[findeight]

I always had an “escape clause” if the horse became unusable as both leasee and leassor. I thought it fair but it was unusable for over 90 days on a full one year lease…and I did pro rate a refund once.

If you don’t want to let them out of the lease if it becomes unusable for an extended period of time, at least consider letting them move it to a lay up facility you approve of. Personally aware of one that blew a suspensory shortly after being leased and laid up for a year. Owner refused to let leasee move the horse out of the full service training and show facility with required minimum service not really equipped to deal with extended lay ups. That was about 1600 a month. Nearby excellent, vet recommended lay up was 450 all special needs included.

Its something to think about on either side of leasing.

[222orchids]

[QUOTE=gumshoe;7806123]
However, the person who may assert the lien should sign it too. I have this term in my agreement with an added paragraph for the owner of the facility to sign. Stating that THAT person will not assert any lien on my horse.

And have that person’s signature witnessed.[/QUOTE]

Note my number 17 above; that is addressed there. I have a “consent by Barn Owner” signature added to the form, as I summarized in the list. Very impt.