Bellalou come hither....new board contract

Discussion in 'Horse Chat' started by GotaDunQH, Nov 5, 2018.

  1. Alyssa Hughes

    Alyssa Hughes Senior Member+

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    I'd feel the same way.

    I understand this, but it kind of seems like this contract just excuses (possibly) bad care/practices...
     
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  2. equinitis

    equinitis Senior Member

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    It does seem unsettling but is very standard even in rental houses, rental equipment, etc. It simply means you cannot hold them liable for the average mistake people make.

    If you can prove the gate came open due to the latch, the owner knew was compromised, failing, you can sue. This should encourage folks to fully inform the owner/manager when things are not up to par. Inform them in writing and don't ignore faulty equipment/flooring/supplies/etc. You cannot sue the owner is the gate was not latched properly unless you can prove it was not latched properly deliberately.

    If you worry about such things, keep your insurance current.
     
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  3. NaeNae

    NaeNae Senior Member

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    But that's not what it's doing. It's preventing the possibility of someone from taking legal action for normal mistakes. No one is perfect. It sounds very standard, like every part of general boarding contracts.

    Now if this IS a barn that is constantly having horses get loose, that's on the boarder to decide if they want to stay there or not as clearly horses staying where they are supposed to stay isn't a high priority of that barn's management.

    I've left more than one barn due to horse's constantly getting loose, plus other reasons.
     
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  4. JStorry

    JStorry Senior Member

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    This makes me very glad my horses live at home. I understand both side of this, but will wouldn't want to deal with it
     
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  5. GotaDunQH

    GotaDunQH Senior Member

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    I wouldn't find that the barn's fault either, but I certainly would find it the barn's fault if they left the gate open, my horse got out, and then struck and killed. THAT is just basic "reasonable" care. The lack of attention on the employees part caused my horse to die...and they won't be held responsible????

    It gets better folks. So, they raised the board to $650, without a full month notice. In the contract it said we HAD to lock in at that rate for 12 months. IF...I gave 30 notice and left before the end of 12 months, I would be responsible for to pay the REMAINDER of the months in board. Month-to-month board (still with a 30 day notice to vacant) was going to be $750 a month....and with BOTH of these options, we have to buy feed. Well.....can I tell you the text messages and phone calls between all of us boarders were wild. THEN, this afternoon an email is sent to all of us saying "that part of the contract is not binding, sorry for confusion"....it's still month-to-month at $650, but $750 if you just board for the winter to have use of the indoor (still buy your own feed.). See what I am dealing here with folks? A BO who is not a horse person and doesn't have a clue,
     
    Last edited: Nov 6, 2018
  6. GotaDunQH

    GotaDunQH Senior Member

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    But why shouldn't they be held responsible???? It's called REASONABLE care, and I have no say over who they hire, what their experience is etc. It's a legal way to get out of being responsible for hiring inept employees, and a HUGE cop out on the part of the BO. Put it this way....if your child died from negligence while in day care.....would you put up a stink and hold the day care responsible? You bet your a*s*s you would.
     
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  7. NaeNae

    NaeNae Senior Member

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    I completely hear you. I do.

    I worked full time in the horse industry for 8 years, part time for 2. Never at a boarding facility, always barns where I was managing tons of lease horses or breeding facilities, or private facilities. You bet there have been occasions where I've left a water hose running too long, forgot to turn a horse out on time or, yes, failed to hitch a gate properly. (I can't remember any specific times where I full on LEFT a gate unlocked but I did have a few where I....no come to think of it I can remember a time where I forgot to fully latch a stall door and came around the corner to it being wide open and an innocent pony standing staring at me from inside). But in my 10 years, this has been a handful of times. Because I'm human.

    I'm also one of the first people my friends come to to ask to care for their horses when out of town, when sick, when they need help with something. And I am EXTREMELY anal about my own horses care.

    But clauses like this are for the cases like me. Human cases where once a year, a gate may not have been hitched properly because the barn staff was in the swing of feeding the next horse before completely latching. It happens.

    If it's a regular thing at the barn, yes, that's an issue. But human error happens....THAT is what the clause is for, not constant gross neglect.

    I am by no means a relaxed horse owner. I nit pick so much for my horse's safety and always self board so I can control as much as I can. But I do understand that human error is a thing.

    Is there more to this barn than just the issue with the contract being changed? If so, maybe a change or barns is in order?
     
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  8. Kristal H

    Kristal H Senior Member

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    Home and Ranch Insurance companies dislike Horse Boarding Operations, many of them will not insure you. This is very standard in a boarding contract and this is a statement is most likely required for the owner to keep basic insurance for the property and buildings.
     
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  9. GotaDunQH

    GotaDunQH Senior Member

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    ^ loaded question Nae Nae!! The price goes up, but the maintenance doesn't. I mean, the place isn't falling down by any means, but it needs repair in places and the BO cuts corners. His daughter, who doesn't have a WHOLE lot of horse experience, is the BM cuz daddy is rich and this is her job. I've seen inexperienced decisions made on her part at the basic care and safety of the horses. I've boarded here off an on for decades with the previous BO....now the new BO who bought it about 8 years ago. Sometimes getting good help is sketchy, which is why that clause concerns me. Slight human error, ya I get it....but a bigger human error that causes the death of a horse is inexcusable and should be held accountable.
     
  10. NaeNae

    NaeNae Senior Member

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    So...they cut corners on fixing the place, sounds like the help is inexperienced and the board is drastically going up with very little notice. What is keeping you here, then? Seriously asking, it sounds like a place you no longer enjoy being at or feel safe having your horses at.
     
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