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Re: [RC] Don't Do It! (was:Contract Terms with Trainers) - k s swigartFrom: <geckogal85@xxxxxxxxx> It is a good idea to have a contract with any trainer. To protect yourselves. I will let you all know how things turn out.
Any contract that you make with the terms that you have stated will not
protect either of the parties to the agreement.
If the agreement turns out with both parties happy, then the written
contract is irrelevant.
If the agreement goes south in such a way that the contract must be
relied upon to settle disputes, you both are going to be sorely
disappointed.
You asked for advice on what terms should you include in a contract with
a trainer.
My advice is, don't include the terms where you are trading one horse
for an opened ended training agreement to provide a "completely saddle
trained and safe to ride" horse. These are BAAAAAAAAD terms to put in
any contract with a trainer, and there is no way to write a good
contract that includes these terms.
If you feel the need for a written contract here, then the terms you
should pursue are:
Sell the horse for money and pay the trainer his/her regular training
fees with the money that you get.
One of the reasons that money was invented was so people could make arms
length transactions with people they didn't know well enough to do
barter trade with.
You, of course, can keep yourself from getting the short end of the
stick by putting in the contract that YOU are the one who gets to define
"completely saddle trained and safe to ride" and until you are satisfied
that the terms have been met, you don't have to give up the horse.
However, this will make it so the trainer is the one who may get
stiffed.
If you are looking for advice on how to write a contract where you can
stiff the other party to it if it comes to any disagreement, then THAT'S
my advice--put into the contract that you, and only you, are the only
one who gets to decide if the terms of sufficient training have been met
(and see if the trainer is dumb enough to go for it.)
Personally, I, as a trainer, would never accept such terms, at least not
from somebody I didn't know well enough to do the whole thing on a
handshake.
I would only enter such an agreement with somebody who knew me well
enough to have complete confidence in my ability to train ("you can't
take the horse that I want you to train as a trail horse out on the
trail" without my consent isn't somebody who meets this description),
and who I knew well enough that I KNEW we would be able agree (even if
we didn't agree) on the definition of "saddle broke" and "safe to ride."
kat
Orange County, Calif.
:)
p.s. Realistically speaking there is no such thing as a horse that is
"safe to ride." Riding any horse is inherently dangerous--and any
trainer who has a liability insurance policy will probably have an
insurance company that requires the trainer to have all his/her clients
sign a statement acknowledging that they understand this fact (I know
mine does). In many states, the fact that riding any horse is
inherently dangerous is codified in the law.
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