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[RC] Don't Do It! (was:Contract Terms with Trainers) - k s swigart

geckogal85 said:

I am trading a horse for this training.
The deal is that my horse will be
completely saddle trained and safe
to ride or no deal. No matter how long
it takes.

Both you and this trainer are absolutely off your heads to enter into
this kind of agreement unless you absolutely KNOW that you will not be
unhappy no matter how it turns out.

There is no proper or legal definition of "completely saddle trained and
safe to ride," and there is no way that you can come up with an agreed
upon definition for it up front.  Consequently, any contract that
contains such language is fraught with opportunity for disaster going
forward...and there is no way in HELL that it should be an open-ended
agreement along the lines of "however long it takes."

If the two of you don't know each other well enough that you can make
this agreement on a handshake and for both of you to be willing to get
the short end of the stick if it turns out that your understandings of
the agreement were not the same and shrug your shoulders and walk away,
then you should run a mile from any such agreement.

So...if you need a written contract for this agreement, you shouldn't be
making it.

Orange County, Calif.


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