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14 / STABLEMANAGEMENT / stable-management.com
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EQW07031
l e g a l _ »
erty, even though the stable’s staff do
not provide the lessons.
• Requiring all visiting riding
instructors to show proof of adequate
liability insurance with acceptable
policy limits. Stables can also ask to
be added as an “additional named
insured” on the instructors’ policies.
• Prohibiting visiting riding
instructors if they cannot provide reasonable
evidence that they are properly
insured.
Since issues involving insurance
coverage as well as additional insured
designations can be complex, stables
should discuss them with their lawyer
or insurance agent.
Liability Releases
Liability releases (also called
waivers), where allowed by law, can
give both the instructor and the stable
protection against liability. (See “A
Big Release,” Stable Management,
October 2007.) Courts in most states
are generally willing to enforce liability
releases. Because of this, stables
have an incentive to require their customers
and visitors of legal age to
sign well-drafted releases.
Stables can make sure that all riding
instructors who do business on the
property use proper release docu-
ments, as well. The fact that the stable
and instructor use different documents
will further show that they
operate independent businesses.
Drafting a valid, useful liability
release demands the attention of a
knowledgeable lawyer.
Equine Liability Act Pitfalls
Of the forty-six states that have
Equine Liability laws, many of these
laws obligate “equine professionals”
and sometimes “equine activity sponsors”
to include certain very specific
language in their contracts and
releases. Several of these laws also
require that the “equine professional”
post warning signs on the premises.
Again, the wording of these warnings
is very specific. Stables would be
wise to check the laws in their states
to make sure they comply with sign
posting and contract language
requirements, if any. [sm]
This article does not constitute
legal advice. When questions arise
based on specific situations, direct
them to a knowledgeable attorney.
Julie I. Fershtman has 22 years of
experience in equine law and has
authored two related books. For more
information, visit www.equinelaw.net.
The Stable-Instructor Contract
Merely allowing independent instructors to use the stable’s property is not
advisable. For proper legal protection, stables can require each instructor
to sign a contract. A stable’s written agreement with a riding instructor
regarding his or her use of the property for riding lessons could include:
• restrictions on the instructor’s use of the property, such as permitted
days and hours of operation
• how long the arrangement lasts and how to terminate it
• what, if anything, the instructor must pay the stable for the use of its
facilities
• a clause preventing the visiting instructor from assigning the contract to
another instructor
• who pays the cost of repairs if the stable’s property is damaged from a
lesson
• the instructor’s duty to give the stable proof of insurance and to keep it
continuously in effect
• a requirement that the instructor use his or her own releases of liability
that are acceptable to the stable and its attorney.
In other words, both parties need a written contract that anticipates and
addresses possible problems. This can save years of frustration, expense,
and litigation.