From Bases to Barns: Unpacking Equine Contracts for Sports Families in Denville
As we have seen on the Denville Baseball website – “In Denville, NJ we strive to instill these same values of teamwork, progress, and community through the game of baseball.” That’s right. Teamwork. Community. Did you know these same concepts apply to the equine context? Being in New Jersey – and because this blog frequently discusses matters related to that general geography – this equine discussion is from the tri-state perspective. Specifically, we are going to talk about what are sometimes referred to as horse contracts (whether a purchase or sale of a horse) but more accurately described as agreements related to horse ownership. That is, agreements between parties dealing with the ownership, transfer, operation, training, and care (including health) of horses. As an important note, for professional equine folks (owners, trainers, and/or veterinarians), you may be less interested in the particulars of the following discussion – because you do these types of contracts for a living. But, for the non-professional horse owner or trainer (individually or as a family) – you will want to read on. As a pre-discussion, you must know that obtaining and transferring ownership of a horse is not like obtaining a new car. There can be no liens or other problematic legal encumbrances as title transfers must not be subject to any other claimed payments, processing, legal, financial or other obligations. The exceptions to the above are when you are purchasing a horse from a licensed dealer in New Jersey. In such a circumstance, it is the car analogy. Any outstanding payment for or on the car goes to the dealer. Not the buyer. Not you.
As for all equine contracts, below are some of the most common: You should work closely with your equine attorney as an experienced professional in the area. He or she will be able to not only show you the ins and outs of what should be included in such contracts, but also walk you through the practicalities and nuances. Because, if you are making an investment in the horse business it should be a business decision and matter – not simply a club. What this means is that there should be a list of key provisions as follows: These are the basics that will give you a “shareholder” or equal interest in the business. Equine businesses should function like any other business. Who is the Chief Executive Officer? What is the mission? As a matter of personal responsibility, just as you want to understand the other owners and trainers on your Denville, NJ youth baseball team, so too should you understand the other parents. You are all in it together – on and off the field.
Equine contracts are a great way for an individual to become an informed, educated, and responsible team player. Also, you would be surprised how many equine contracts either gloss over or completely forget about, the issue of health insurance, and/or boarding fees, and/or feed costs. That’s why it is important to have a detailed written contract based upon good industry standards that are fair to all. The industries of baseball and sporting horses truly have much in common. For equine contracts: One last quick bit. What happens if you have a child or other individual who wants to break the contract? There are two issues. First, the contract is not only with the family you have known for 10 years, it is also with the business. Each can be held accountable in different ways. Second, if one party has breached the contract (and/or any rider or add-on agreement) the entire contract is voidable by the aggrieved party or parties. However, the aggrieved party must elect to either affirm or void the contract.
This article was not intended to be an exclusive discussion. That is, if you have questions about the above, or any other legal agreement, we invite all of the families of Denville baseball to contact us directly and, even better, why not send us an e-mail to [email protected] that we might see how work together to answer all questions. Remember, this is your family. It is your team. Play ball!