I have been invited to show a friend’s horse and want to make sure I have my bases covered in terms of liability. While no money will be exchanged between parties (myself and my friend), my trainer advised me to treat the situation as a short term lease; consequently, I would like the owner (friend) to sign a document stating that I am not responsible for any injuries that occur while I am riding. The horse is insured by the owner. I am grateful for the opportunity to show a top of the line hunter, but just want to ensure I have myself covered in case of anything that causes injury happens. Please chime in with suggestions if you have experience in a similar situation; I would love to see a template if anyone has had one drawn up.
As an owner, if I was basically “free leasing” my fancy show hunter to someone for a short period of time, I would not sign a contract like that without stipulations. If the horse is injured in a freak accident, then sure, I’ll pay the bills of course. But if it’s due to negligence on the rider’s part? Not so much. Liability is a two way street.
I would want you to sign a waiver acknowledging that riding is inherently dangerous and any injuries you might sustain riding my horse are not my liability.
I am not an attorney and unsure how much “protection” this type of hold harmless clause would have in the case of injury but it is in all my leases as the leasor.
[QUOTE=jumperrider96;7978742]
I have been invited to show a friend’s horse and want to make sure I have my bases covered in terms of liability. While no money will be exchanged between parties (myself and my friend), my trainer advised me to treat the situation as a short term lease; consequently, I would like the owner (friend) to sign a document stating that I am not responsible for any injuries that occur while I am riding. The horse is insured by the owner. I am grateful for the opportunity to show a top of the line hunter, but just want to ensure I have myself covered in case of anything that causes injury happens. Please chime in with suggestions if you have experience in a similar situation; I would love to see a template if anyone has had one drawn up.[/QUOTE]
I would never sign something that said the rider was not responsible for any injuries that occur while they are riding the horse in either a short or long term lease agreement.
[QUOTE=ALTERthepress;7979004]
As an owner, if I was basically “free leasing” my fancy show hunter to someone for a short period of time, I would not sign a contract like that without stipulations. If the horse is injured in a freak accident, then sure, I’ll pay the bills of course. But if it’s due to negligence on the rider’s part? Not so much. Liability is a two way street.[/QUOTE]
I understand this, however, the owner approached me- a generous offer, but it was unsolicited by me. I would like to take advantage of the offer, but need to protect myself. I’m considering turning down the offer because of the complications. Friendships go south in situations like this and do not want this to happen. To clarify, the owner has not mentioned any sort of contract- after all, I’m showing the horse for one week. I just need to ensure that I am protected.
Their liability is much larger than yours. This is one of the few situations where a contact really seems unnecessary.
[QUOTE=jumperrider96;7979153]
I understand this, however, the owner approached me- a generous offer, but it was unsolicited by me. I would like to take advantage of the offer, but need to protect myself. I’m considering turning down the offer because of the complications. Friendships go south in situations like this and do not want this to happen. To clarify, the owner has not mentioned any sort of contract- after all, I’m showing the horse for one week. I just need to ensure that I am protected.[/QUOTE]
Protecting yourself is one thing, and is smart to do. However, you are asking the owner to absolve you of any responsibility even if something happened that was your fault. Why should the owner have the responsibility when you are riding the horse? What if you make a bad decision and crash the horse through poles resulting in stiches for the horse? Why should the owner be responsible for something like that?
As an owner, I would entertain a contract/lease so that the leasee could show in certain divisions. I would promptly retract the offer if presented with a release such as the OP is proposing.
I believe this is akin to “Looking a gift horse in the mouth.”
Thanks for the input. I think I worded my original post incorrectly. I fully understand that if, for example, I ride the horse to an impossible distance and send us crashing through an oxer that I am responsible. However, if the horse colics, trips and falls and hurts itself, gets out of his stall falls down a hill and breaks his leg (and 10,000 other scenarios that could happen) that are not my fault, I want to be covered. Sounds like there is no precedent for this sort of situation so I will proceed with caution. Thanks.
[QUOTE=jumperrider96;7979682]
Thanks for the input. I think I worded my original post incorrectly. I fully understand that if, for example, I ride the horse to an impossible distance and send us crashing through an oxer that I am responsible. However, if the horse colics, trips and falls and hurts itself, gets out of his stall falls down a hill and breaks his leg (and 10,000 other scenarios that could happen) that are not my fault, I want to be covered. Sounds like there is no precedent for this sort of situation so I will proceed with caution. Thanks.[/QUOTE]
Okay, this sounds much more reasonable 
Since the horse is insured, that should help you and the owner come to some kind of mutual agreement. Perhaps you could offer to be responsible for any damages or injuries that occur while you are riding the horse, and in addition be responsible for the first $X relating to any other injuries that occur while the horse is at the show with you. This would limit your responsibility but also show the owner that you plan to be responsible and take good care of the horse while you are using it.
I think the wording you are looking for is along the lines of “Leasee is responsible for any injuries which occur due to Leasee’s gross negligence”, which would be you crashing the horse, feeding improper things, leaving stall wide open etc. For the colic/other situations something like “for any other injuries, Leasee is responsible for first $X of treatment” or that Lessor pays completely, whatever you have worked out there.
One thing about the horse world…and it bites me in the ass every time as you just can’t think of everything or something always pops up…GET EVERYTHING IN WRITING!!!
I was just on the phone with Markel Insurance a few days ago for trainer’s insurance. You can get insurance to protect yourself, (forgot what it was called…Horseman’s something…), in case the horse gets away from you, causes injury to someone else, etc. You’d have to pay a $250+ premium, but it would be worth it to protect yourself. Of course, your situation might be different from mine as I lease. But please look in to this situation!
Major medical and mortality should be covered by owner (lessor). I’ve signed many lease contracts that state that lessor needs to cover that. However, I (lessee) cover any minor routine medical; bee sure to specifically state: farrier, worming, vaccinations, any minor injuries requiring stitches. If you are lucky in this situation, owner might even cover that for you; but it might be a courtesy to offer to pay or chip in for those things as you will be using a very nice show horse. Dental is owner’s responsibility as is any alternative care (acupuncture, chiro, massage) unless otherwise stated.
Regarding shows, state what expenses you are responsible for. Show/class fees, trailering, training, day fees, stabling, braiding, USEF/USHJA membership. Make clear how many classes you are able to do in a given day or time period and at which height.
