After an initial briefing of your matter, we will provide you with a preliminary quote.
We look into all aspects of your matter and suggest the most viable path for you.
The Chamberlains team will work tirelessly to reach the best possible outcome for you.
Many people in the horse industry participate as a small business, such as a riding instructor, boutique retailer, boarding and training operation or coaching business. All businesses have legal requirements to meet, and practical requirements which may raise legal issues such as safety considerations.
For example, if you are accepting horses onto your property for boarding or training, you should have a contract in place which addresses all the situations where things typically go awry in that scenario. This means that the terms are clear to all parties which reduces arguments involving the contract should a party be in breach. You will also be more confident in what to do if a sticky situation evolves. If you have lawyers that you work with regularly, they will be familiar with the terms of the contracts you use because they drafted them, and they can easily advise you should any issues arise.
Chamberlains also offers Equine Business related services such as:
Other areas all businesses typically need assistance with include intellectual property, employment law, taxation law, and property law. Lawyers can often assist you in finding other help you may need, such as an accountant with experience in the issues your business is facing, and they can work with your accountant to ensure your business management practices meet the legal requirements and function efficiently and cost effectively. Good business practices can be a little like preventative medicine – many problems can be avoided or reduced in severity by the appropriate practices being in place. This also tends to reduce the cost of dealing with any problems that do arise!
A waiver is a legal document or clause in a legal document that seeks to limit the liability of an organisation in the event that a participant suffers a loss or injury. This limitation of liability can only be done within the framework of the relevant laws of the State or Territory, or they will be deemed void.
Waivers may have greater benefits in managing risk by highlighting the hazards inherent in the activity to the participant. Making the participant aware of these dangers may cause them to modify their behaviour and therefore make safer decisions. It also prevents any claims later on that the participant was not aware of the activity’s risks.
Additionally, by including a self-assessment in the risk acknowledgement declaration, it provides some protection for the organisation if there is a claim arising from the incompatibility of a horse and rider. It places some liability back on the participant who overrates his or her ability to the organisation or business.
Waivers and risk acknowledgement declarations are essential for organisations, businesses and individuals in the horse industry. Whether you are a large riding school, an event organiser, a private instructor, or a potential buyer riding a horse for sale – waivers and risk acknowledgements are very important to ensuring everyone is aware of the risks involved and where the liability falls should there be an accident.
Chamberlains also offers drafting of legal documents such as:
Many people in the horse industry participate as a small business, such as a riding instructor, boutique retailer, boarding and training operation or coaching business. All businesses have legal requirements to meet, and practical requirements which may raise legal issues such as safety considerations.
Prevention is key as people in the horse industry can be self-reliant to a fault. However, there is a danger in carrying that self-reliance into complex legal matters.
Our specialists can help you close the gate on liability issues and give you the assurance of better professional business practices, asset protection, risk management and dispute avoidance.
Call us at +61 2 6188 3600
Email us at hello@chamberlains.com.au
There are many things you can do to protect yourself during the sale process. As most sale/purchase disputes boil down to allegations of misrepresentation, sellers may reduce the risk of such a dispute by the way the sale is conducted. For example:
This will depend on many factors and is one of the main reasons that we recommend a proper sale contract be drafted and executed by the parties, so that everyone is ‘on the same page’ as to if/or when a return may be possible. A detailed inspection and PPE will also assist in establishing whether there are any areas of concern prior to purchase.
Purchasers should keep all advertisements, videos and written communications about the horse. They should ensure that they know the details of the actual person or entity who is selling the horse as the type of owner (private owner, company, sole trader business etc) and your ability to locate that person may affect your ability to return the horse or otherwise resolve the dispute – another reason to have a properly drafted contract!
Purchasers should be upfront and honest about their level of experience, the environment and management practices the horse would experience in that purchaser’s care, and what they wish to do with the horse so that the seller is aware of these factors, and have this conversation in writing.
Purchasers may or may not have a right to return the horse. This will depend on the terms of the contract and who the seller is – for example, it is important to know whether consumer law may apply to you as the seller.
It is best to be very clear about the terms of a sale, especially if you wish to avoid accepting the horse for return. It is important to deal with this in the contract, and to also understand where you may not be able to avoid dealing with an unhappy purchaser due to consumer law restrictions. It is important to seek advice so that you understand what your rights and obligations are.
It is also important to consider the sale in the wider context – for example, if you are a breeder, you do not want dissatisfied professional customers who will not purchase youngstock from you as your reputation and business may suffer. In some situations, it may make more commercial sense to accept the return rather than be involved in a huge dispute – every situation is unique and you should consider your options. If you have a relationship with a lawyer who has drafted your contracts and knows your business, it’s so much easier to know where to turn if a dispute pops up.
The short answer is yes, as one accident leading to a large claim could devastate you financially as well as damage your business and personal reputation. The type of business structure, insurance, waivers, contracts, signage, work health and safety requirements, tax considerations etc that you will need may vary depending on the jurisdiction you are teaching in, as well as where you are teaching (your own facility versus travelling to clients) and your own unique circumstances and risk factors. You should reach out to our office for assistance in setting up your business.
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