How to write/enter a Livery Yard Contract - Sample

Tuesday 27 May 2008

Knowing where you stand is vital when entering into a livery yard agreement. An agreement can come in all different forms as a result of the different types of livery available (e.g. full, part, DIY etc), the facilities on offer, and the conditions of the yard. A livery agreement should always be in writing before the horse is placed in a livery yard. The proprietor of a livery yard should state the provisions made for the safety and security of a horse, while the owner should specify any personal requirements they need for his or her horse in the agreement to ensure no legal disputes occur. However, it is worth noting that in all types of livery, the ultimate responsibility for the horse while in the livery yard lies with the livery yard proprietor.

Livery yard agreement - What to include

Below are some guidelines from the BHS as to how a livery yard agreement should be drawn up, and what clauses it should contain. Each section below should help to give useful advice on the different clauses to add depending on the type of livery agreement you choose. (For example, a full livery agreement will differ from a grass livery agreement.).

1. General - Information to include in any livery agreement contract:

Names of both parties (Livery Yard Proprietor and Horse Owner or Agent)
The type of livery, the weekly rate, and the method of billing, and here you should mention any extras that lie outside the daily terms of the contract
Names of agreed Veterinary Surgeons and Registered Farriers to be used.
Responsibility for insurance
Responsibility for inoculation against Tetanus and Influenza
Stable rules (e.g. riding restrictions, stable hours, required notice for movement of the horse outside of normal hours etc)
Emergency Contacts
Notice required for termination or cancellation of contract

2. Full and Part Livery - Here, responsibility for the horse should be clearly outlined, and information should include:

Watering, feeding, maintenance of box and bedding
Grooming, exercise and tack cleaning
Worming and teeth inspection
Call out of Veterinary Surgeon or Farrier as necessary.

3. Working Livery - In addition to the full livery term, the conditions under which a horse can work must also be defined:

Hours of work per day
Restrictions on type of work
Restrictions on type of rider

4. DIY livery - include these terms:

Watering and feeding
Turning out, catching up and checking
Provision of facilities, forage, bedding, and concentrate feed
Worming and teeth inspection
Call out of Veterinary Surgeon or Farrier as necessary

5. Grass livery - include these terms:

Watering, and where necessary, supplementary feeding
Checking the horse, worming and teeth inspection
Security of fencing and gates, care of pasture, and rotation of horse between paddock
Emergency call out of Veterinary Surgeon or Farrier

LIVERY YARD AGREEMENT SAMPLE COPY

The agreement is made on           DATE:

Between

YARD Name and Address of Yard:

and

OWNER Name and Address (or name and address of the person loaning the horse)*

1. The Services

1.1 The Yard shall at all times during the Term provide the Services in an efficient and professional manner which meets the welfare needs of the Horse and in so doing will exercise all the skill, care and diligence that might be expected of a competent and properly qualified livery yard.
1.2 The Owner will notify the Yard in good time of any information or documents required by the Yard to enable it to perform the Services including without limitation, any known vices, medical condition, and any special requirements of the horse.
1.3 During the Term, the Yard will keep appropriate records of all acts and works done by it in relation to the Services and at the request of the Owner, the Yard shall make them available for inspection and/or provide copies to the Oner.
1.4 {In a working livery}, the Horse will not be worked for more than ………….. hours daily, and shall not carry more than ……………. kg.

2. Facilities to be provided by the Yard and duties of the Yard

2.1Throughout the Term, the Yard shall give the Owner access, during the business
   hours of the Yard, to the Horse and all the premises where the Horse is kept;
2.2 The Owner shall observe any rules or requirements relating to those premises as notified to the Owner by the Yard.
2.3 During the Term, the Yard shall employ for the purposes of the Services sufficient persons that are suitably skilled and experienced, and where appropriate, professionally qualified in providing similar services.
2.4 The Yard shall develop and publish, with veterinary advice, a yard health policy to include without limitation policies on worming and vaccination.
2.5 The Yard shall ensure that all persons wear appropriate dress at all times when in the vicinity of the Horse, including without limitation, a hat conforming to BSI standards, and suitable footwear with a flat sole and heel.

3. Duties of the Owner

3.1 The Owner shall ensure that the Horse is provided with all those matters set out in the schedules (this will detail the responsibilities of the owner to your horse, the services provided by the yard, charges for use of services, a profile of your horse, and a daily breakdown of your horse's livery yard routine, and is drawn up in four parts)
3.2 In the event that the Owner fails to ensure that the horse is provided with any of the matters listed in the schedule, the Owner agrees that the Yard may undertake this work and charge the Owner in accordance with the sums set out in this Agreement, or where not covered by this Agreement, at the market rate.
3.3 The Owner agrees that in the event that the manager of the Yard believes that the Horse is in need of urgent veterinary/farrier attention, the Yard may summon a veterinary surgeon/farrier and authorise any essential treatment, provided that the Yard makes all reasonable attempts to contact the Owner before such work is carried out. The Owner agrees to take responsibility for veterinary/farrier fees incurred in accordance with this paragraph.
3.4 The Owner shall inform the Yard if the Horse is to be absent from the Yard's premises and when the Horse will leave and return to the Yard's premises.
3.5 The Owner shall wear appropriate dress at all times when in the vicinity of the Horse, including without limitation, a hat conforming to BSI standards and suitable footwear with a flat sole and a heel.

4. Fees, Terms of Payment and Financial Matters

4.1 In consideration for the provision of the Services, the Owner will pay to the Yard the Fee and any additional sums due under the Agreement.
4.2 In the event that the Fee or any additional sum due under this Agreement remains unpaid for more than three months after they first became due, the Owner agrees that the Yard may sell the Horse, provided that written notice has been given to the Owner (at the address set out at the beginning of this Agreement) of this intention to sell, at least seven days before sale. From the monies received from the sale of the Horse, the Yard may retain such sums as cover of any unpaid sums due under this Agreement and the reasonable costs of sale. Any remaining money shall be returned to the Owner within thirty days of sale.

5. Term and Termination

5.1 This Agreement shall last for the Term, subject to earlier termination in accordance with this agreement.
5.2 The Yard or Owner may at any time terminate this Agreement or any part of it by given written notice to the other of not less than the Notice Period.

6. General

6.1 No amendment of the terms of the Agreement shall be valid or binding unless made by prior written agreement between the Yard and the Owner.
6.2 This Agreement shall in all respects be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

IN WITNESS of which this Agreement has been duly executed and delivered on the date written above:

SIGNED BY:
For and on behalf of the YARD

Signature:   ______________________________________

Name:       ______________________________________

Title:       ______________________________________

SIGNED BY:
For and on behalf of the OWNER

Signature:   _____________________________________

Name:       _____________________________________

Title:       _____________________________________

FOR FURTHER DETAILS ON LIVERY YARD AGREEMENT PLEASE VISIT WWW.BHS.ORG.UK

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