Congratulations, Julie! We're proud to share that Julie Fershtman has received two prestigious awards.
On April 13, 2013, she received the American Youth Horse Council's 2013 "Distinguished Service" Award. As the award itself states, she received it "[i]n recognition of years of dedicated service to the American Youth Horse Council and tireless efforts to touch the lives of youth involved with horses." For more information about the American Youth Horse Council, please visit www.ayhc.com/.
On May 7, 2013, Julie received the 2013 "Industry Award" from the Michigan Equine Partnership for her work over the years supporting legislation to promote and protect the Michigan equine industry. For more information about the Michigan Equine Partnership, please visit www.miequine.com/.
We're pleased to share that Julie just won a case in Michigan where she defended a boarding and training stable that was sued by a visitor who was injured in the barn aisle. Julie cautions that this case might have been avoided altogether if the stable required every visitor to sign its waiver/release of liability. (Julie, interestingly, drafted that stable's release document years ago but the stable only presented it to customers.) Make sure that your release is well-worded and complies with the laws of your state.
"The Seller's Contract Includes an "As Is" Disclaimer – Now What?" - Desert Mirage Magazine, August 2013
"What Mare Owners Should Look for in a Typical Horse-Breeding Contracts." - America's Horse Daily, September 14, 2012
Should Exculpatory Agreements Relieve Liabilities Founded on an Equine Activity Liability Act? American Bar Association - TIPS Animal Law Committee Newsletter, Fall 2012
We're always on the lookout for good article and update ideas for the Equine Law Blog. Please share yours! We'll give the sender of best tip of the month a free copy of Julie Fershtman's books, EQUINE LAW & HORSE SENSE and MORE EQUINE LAW & HORSE SENSE. Click here to send your ideas. [For more info on these and other publications written by Julie Fershtman, please visit www.equinelaw.net and www.equinelaw.info or call her directly at (248) 785-4731.]
We applaud the American Horse Council (www.horsecouncil.org) for its national marketing initiative for the horse industry. The AHC joined together ten national associations and large corporate industry stakeholders to make this happen. We await its marketing plan, which will propose ways to help people become more interested in horses and equine activities, either as participants or spectators.
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie.
Showing 40 posts in Contracts.
The importance of complying with an insurance policy’s notice requirements has become especially newsworthy thanks to Julie Fershtman’s courtroom victory last year in an equine insurance coverage lawsuit in an Illinois federal court. In that case, a horse owner sued the company challenging its denial of benefits under an equine insurance policy. Read More ›
Categories: Contracts, Insurance
Julie Fershtman is the speaker for tomorrow's webinar through the Certified Horsemanship Association entitled: "Risk Management – What You Need to Know about Liability, Contracts and Releases."
Click here for more information
Categories: Contracts, Liability
Our clients have asked how to amend their contracts, especially after they hire us to draft them and want our new contracts to replace the old ones.
Amending a contract is not difficult as long as your documentation makes clear what you are trying to accomplish. In our experience, however, we've seen equine business operators draft their own contracts which are anything but clear and cause problems. Of the many ways in which a contract can be amended, here are a few examples: Read More ›
We receive numerous inquiries from people who have encountered problems during their equine leases – both from lessors (the ones who own the horse and part with it subject to the lease terms) and lessees (the ones who receive use of the horse). Advance planning, and legal help, can prevent several problems. Here are some equine lease problems and suggestions for avoiding them. Read More ›
We thank the many businesses and individuals who hire us to draft their equine-related contracts. The problem is, even with thorough contracts that identify rights and responsibilities, people don’t always follow their terms. What do you do when the other party to a contract has breached (violated) its terms? Certainly, every situation is different, but here are some options: Read several options ›
In these challenging financial times, more and more horse owners have entered into arrangements they call “free leases.” No legal dictionary, to our knowledge, recognizes the term “free lease,” but in the horse industry it has come to mean a horse that is leased to another with no lease payment to the owner (the lessor) as long as the lessee provides the horse care and attention.
In our experience, lessors (horse owners) usually enter into these arrangements to avoid costly horse care. In an effort to save money, lessors rarely insist on contracts. Not surprisingly, disputes arise. For example: Read More ›
Categories: Boarding, Contracts
When equine business operators take legal matters into their own hands, problems can occur. Here are some of them:
Read More ›
How to Avoid: In addition to insisting on a carefully worded sales agreement, the seller can insist that the buyer’s payment in full is received and clears the bank before the horse can be shipped away.
We receive numerous calls and e-mails from people in the midst of serious legal issues who are unprepared for, or unwilling to undertake, the expense involved in hiring a lawyer. For example, a trainer could be faced with a lawsuit arising out of a sales agency. An individual horse owner might want to “free-lease” her gelding to a friend and want a contract that protects her as much as possible in the situation.
How can people who cannot afford a lawyer seek legal services at low, or no cost? Read More ›
Some boarding contracts specify that the boarded horse has a stated value. For example, the contract might state: “The parties agree that the horse boarded under this agreement is worth $15,000.” Is this a good idea? ›
Categories: Boarding, Contracts
Is every legal dispute appropriate for a lawsuit? Not necessarily. Sometimes the dispute can be resolved quickly and amicably – as long as the parties are willing to consider an alternative to the legal system such as arbitration or mediation. Read More ›
Categories: Contracts, Sales/Disputes