
-Feed/Agister's Liens
-Boarding Contracts
-Lease Agreements
-Dave's Disclaimer
-ICY's Column
-Commentary
-About NAES |
Planning
for the new year regarding your horse business:
Feed/Agister's
Liens |

(Photo
by iStockPhoto.com)
|
The
NAES web site pages dealing with feed liens (often called
Agister's liens), continue to receive lots of hits.
I also receive a number of calls indicating there are
many “dead beat” boarders. |
The boarding business can be rewarding but when even
one boarder doesn’t pay their bill, profits
and “fun” both go out the window.
Here are some simple guidelines:
1. Always get paid one month, at least, in advance.
2. Always get a signed contract by the horse’s
owner, (not just the agent), before allowing the horse
in.
3. The horse’s owner must have livestock mortality
insurance in effect for the time the horse is in your
care.
4. You need CCC insurance; (Care Custody & Control)…don’t
be cheap, it’s good protection for your business
and peace of mind.
5. If the boarder leaves under adverse circumstances
and allows it, you need to pay for a health exam showing
the horse was in great shape when it left your care.
Then if the unhappy boarder claims some physical problem
stemmed from your care you have a document from the
vet stating the animal was healthy when it left your
place.
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-Feed/Agister's
Liens
-Boarding Contracts
-Lease Agreements
-Dave's Disclaimer
-ICY's Column
-Commentary
-About NAES |
Boarding
Contracts |

(New
Jersey Stable - Photo by NAES)
|
Keeping your boarders as “friends” does
not mean you don’t have them sign a binding boarding
contract. If they protest just say that the CPA/attorney
said you “must get all boarders to be contractually
bound.” |
No
one WANTS to sign your boarding contract before the
horse moves in and no one WILL sign one after there
becomes a problem with the customer or their horse.
A rule to the wise is to never allow a horse to board,
even temporarily, unless they have signed a boarding
contract; it just protects your interests and theirs.
Some
points to include in the agreement:
1.
Normal amounts of feed, (they pay for anything out
of the ordinary).
2. Normal wear and tear to the stall or barn is not
their responsibility but out of the ordinary damage
caused by the horse or guests of theirs IS their responsibility.
3. All bills are payable IN ADVANCE.
4. The boarder MUST leave checks for the blacksmith
and veterinarian.
If
the boarder uses a different vet than yours there
must be a provision that you call their vet first;
if unavailable then you call your veterinarian with
the provision that the boarder is responsible for
the ensuing charges.
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-Feed/Agister's
Liens
-Boarding Contracts
-Lease Agreements
-Dave's Disclaimer
-ICY's Column
-Commentary
-About NAES
|
Lease
Agreements |
(Photo
by iStockPhoto.com) |
I
need to remind you that while I am NOT an attorney,
I constantly see the results of not being properly protected
by good contracts. The next is a classic case in point. |
You
lease your prized show horse to a friend who promises
to maintain mortality insurance and perhaps even signs
a contract to that affect. What’s to guarantee
to you, the owner, that there is insurance? Answer…NOTHING!
What you MUST do in a case such as the above is that
YOU obtain the insurance then stipulate in the contract
that the whole deal is off if they don’t immediately
reimburse your insurance costs. In fact, I wouldn’t
even let the horse leave your farm without being paid
for the insurance.
Horse-related
agreements all seem to overlap. The idea should always
be to protect your interests as a conscientious business
person would. Be warned, however, that if your prospective
boarder, buyer or lease signer doesn’t see it
your way, you may have a potentially problematic customer
down the road.
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-Feed/Agister's
Liens
-Boarding Contracts
-Lease Agreements
-Dave's Disclaimer
-ICY's Column
-Commentary
-About NAES
|
Dave's
Disclaimer…
(No it’s not a “cop out”
I just don’t want to be sued because I left something
out)
The
thoughts expressed above in no way encompass all the
situations that could pop up in your businesses. My
considerations really focus on the problems I am presented
with every day.
For more complete help always consult your attorney.
In short, think like a Boy Scout and always “be
prepared.”
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-Feed/Agister's
Liens
-Boarding Contracts
-Lease Agreements
-Dave's Disclaimer
-ICY's Column
-Commentary
-About NAES |
Colonel
"Icy's" Thoughts as Esp'd to Dave
 |
Being
with Dave is very good since I get to ride in
the big metal thing, (the car). It’s also
starting to get cold here, (Phoenix), but Dave
puts a big coat on and I get warmer but I still
guard good. |
There
are so many humans who like to pet me and I know
they are friends of Dave and the other humans
who are with Dave lots, (Birgitte and Tony are
NAES employees). I like to guard them, too plus
the nice person who is in the big white metal
thing, (FED X lady, Amy). |
 |
There
is one problem, though…there is this little
furry thing that is very mean to my nose…
(Cats have sharp claws). Dave gets mad when I
bark at it…but I don’t think it likes
me very much. |
(I’m
training “ICY” to get along with the
cat that adopted us last month…
wish me luck).
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-Feed/Agister's
Liens
-Boarding Contracts
-Lease Agreements
-Dave's Disclaimer
-ICY's Column
-Commentary
-About NAES
|
Commentary
from Dave
This
third quarter’s newsletter was delayed one month
since next year’s first issue will include a recap
of the NAES’ Advisory Board’s January meeting
and thought’s from the 2007 USEF Convention in
Louisville, KY; I’m currently serving on the Breeder’s
Committee. NAES
has grown much since we started over 15 years ago
and with your help and sound advice from our Board
we plan to carefully plan our future.
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-Feed/Agister's
Liens
-Boarding Contracts
-Lease Agreements
-Dave's Disclaimer
-ICY's Column
-Commentary
-About NAES
Web site:
www.northamericanequine.com
Address:
North American
Equine Services, LLC
35644 North 11th Avenue
Phoenix, AZ 85086-8704
|
About Dave
Johnson
(Photo
Courtesy NAES) |
Dave
started NAES more than 15 years ago with an eye
to making sure all horse owners and those interested
in horses could depend on NAES for the straight
scoop on horses and prices. In
addition, Dave is one of the busiest horse activity
experts in North America.
|
Because
of his long history of working with so many breeds
and disciplines he's called upon to give his opinion
in literally hundreds of legal cases and horse
appraisals.
Dave is still an active horse show judge and,
when time permits, continues teaching at his wife's
nationally known stable, Willoway Farm, Inc.,
in Phoenix, Arizona.
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This
newsletter is distributed quarterly.
If
you do not wish to be on our mailing list,
Send an email to:
david@northamericanequine.com
with "unsubscribe" in the subject field.
Copyright North American Equine Services, LLC
2006.
All Rights Reserved.
1-623-582-8635 |
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