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Re: [RC] boarding agreements - Diane Trefethen

Hi Laney,

It sounds like you might have a real winner. All you need to do is educate your
new landlord. You might start by telling him that Murphy's Law was written just for
horses :) Tell him he must never leave anything of value in the pasture because
horses like to play with new toys... and they can be incredibly destructive (a chain
saw hasn't got a chance!).
I assume the reason he is leaving stuff in the pasture is that he is either working on the fences or he's building a shed for the horses. Tell him you are willing to help out with the "improvements". That way you can monitor things while teaching him a bit about how horses think. If he isn't working on improvements to the pasture, then he doesn't belong in there, with or without tools.
Actually, you might have a far bigger problem than your horses getting hurt by his equipment, namely YOU getting sued if anyone goes into the pasture and gets hurt. If your landlord has kids, it is extremely important that you include in the
agreement some wording to the effect that horses are unpredictable creatures and that
they can be dangerous. For instance:


I, [Landlord's name], acknowledge that there are risks and dangers, both known 
and
unknown, involved in being around horses, and I know that unanticipated and
unexpected dangers and hazards may occur at any time.  "Risks and dangers" 
means any
condition pertaining to an equine, including, but not limited to, any of the
following: (a) The propensity of an equine to behave in ways that may result in
injury, death, or loss to persons on or around the equine; (b) The 
unpredictability
of an equine’s reaction to sounds, sudden movement, unfamiliar objects, 
persons, or
other animals; (c) Hazards, including, but not limited to, surface or subsurface
conditions; (d) A collision with another equine, another animal, a person, or an
object; (e) The potential of a person to act in a negligent manner that may
contribute to injury, death, or loss to the person or to other persons.  I 
freely
assume responsibility for all risks, hazards, dangers and losses which may 
occur to
me or to anyone over whose actions I may reasonably be construed to have 
control,
should any injury, loss or death occur to such person if that person is IN the
pasture and my tenant, Laney Humphrey, is not present.

The above may be more than you want to use but there does need to be something to
protect YOU from a lawsuit in the event that your new landlord, his kids or his
friends go into the pasture when you are not around. So besides a warning about the dangerousness of horses, you need a specific provision that forbids anyone from going into the pasture when you are not present. Another provision that you should include is that no one will feed your horses ANYTHING without your specific permission. When you rent a pasture it's not a whole lot different from renting an apartment.
The landlord and/or his family can't just let themselves into your apartment without
giving you reasonable notice - neither can your landlord (or his kids) wander into
the horse pasture that you are paying rent on.
Good luck.


PS:  Does anyone else have a covenant that more succinctly expresses the
unpredictability of horses?



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