Trusted Equine Attorney in Logansport, IN

Yes. A well‑drafted liability waiver (or release and assumption of risk agreement) is a crucial risk management tool for equestrian businesses. While many states have an Equine Activity Liability Act (EALA) or similar statute that limits liability for inherent risks of riding, a waiver helps reinforce those protections and provides a defense layer if claims arise. The waiver should clearly identify all parties, describe the risks, require voluntary, prior execution, and comply with your state’s statutes.

A solid horse sale contract (also known as a purchase agreement) should include:

• Full identification of buyer, seller, and the horse (including registration, markings, age, etc.)

• Purchase price, payment terms, and who pays for transport, taxes, and fees

• Detailed health/disclosure clauses (veterinary exams, known injuries, warranties, or “as-is” status)

• Risk of loss or death during transit

• Atrial period or inspection terms

• Representations and warranties, indemnification clauses

• Remedies for breach and dispute resolution terms (mediation, arbitration, jurisdiction)

• Signatures and date

Such detail helps avoid misunderstandings and gives legal clarity if disputes arise.

Yes, if drafted correctly. A lease agreement should clearly state:

• Whether it’s a full (with payments, care responsibilities) or partial lease

• Duration, renewal, and termination conditions

• Who is responsible for veterinary care, farrier, feed, insurance, and tack

• Use restrictions (discipline, distance travel, show participation)

• Risk allocation (accident, injury, death)

• Liability waiver language if applicable

• Indemnification and dispute resolution clauses

A detailed lease helps prevent ambiguity and reduces the risk of future conflicts.

No. While many states' EALAs or similar statutes provide important liability limitations for equine businesses, they are not absolute shields. They typically protect against claims tied to inherent risks of equine activity but do not protect against negligence, reckless conduct, or failure to maintain safe premises or equipment. Also, the statute often requires specific disclaimers, posting of warning signs, and use of a written contract or waiver.

Fora waiver to be more likely enforceable, it should:

• Be in clear, unambiguous plain language

• Identify the parties (participant, facility, instructor, etc.)

• Describe the risks (both inherent and foreseeable)

• Be signed voluntarily before participation

• Be supported by consideration (e.g., access to riding)

• Be tailored to your state’s legal requirements

• Avoid disclaiming gross negligence or intentional acts (depending on state law)

• Include indemnification and severability clauses

Even then, a waiver is a defense, not a guarantee. Courts will examine whether it was fairly and properly presented.

Key provisions include:

• Boarding fee structure, payment terms, late fees, and termination rights

• Care obligations (feeding, turnout, stall cleaning, deworming, farrier, etc.)

• Liability waiver / assumption-of-risk language

• Horse owner responsibilities (vaccinations, behavioral disclosures)

• Emergency/stallion containment provisions

• Removal of animals (notice required)

• Indemnification, damage to facilities, and dispute resolution clauses

A clear boarding contract helps prevent disputes over expectations, nonpayment, or negligence claims.

A consent-to-treat form authorizes your facility, staff, or a vet to provide emergency medical care if a horse becomes ill or injured while under your control. It should clearly state the scope of medical authority, who bears costs, and limitations. Use it when boarding, during training, at clinics, or events to avoid delays or liability issues in emergencies.

Yes. Visitors could seek to hold you liable under premises law or negligence claims. To mitigate that risk:

• Post clear warning signs (especially if your state statute mandates them)

• Use disclaimers or visitor agreements

• Maintain safe premises (fix hazards, fences, footing)

• Carry liability insurance

Even if EALA protections do not apply (because the visitor isn’t participating in an equine activity), you may still face premises liability exposure.

Co-ownership or syndication agreements should address:

• Ownership percentage and initial contributions

• Decision‑making authority (training, competition, sale)

• Use responsibilities, expense allocation (veterinary, feed, transport)

• Buyout rights or exit strategies

• Dispute resolution and dissolution mechanisms

• Insurance, liability, and indemnification provisions

Having that contract in writing from the start reduces conflict and ensures clarity on rights and obligations.

If a buyer alleges misrepresentation or breach of warranty, your recourse may include:

• Enforcing notice and cure provisions (if included)

• Arbitration or mediation (if contract provides)

• Lawsuit for breach of contract, fraud, or misrepresentation

• Recovering damages or rescission of sale

Well‑crafted contracts that include clear disclosures, warranty disclaimers, and dispute resolution terms can limit exposure and improve your chances of defensibility.