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Honors & Recognitions
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/.
Other Articles
"Beware of the "Business Pursuits" Exclusion" - The Greater Lansing Business Monthly, March 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
Past Speaking Engagements
"Crop and Livestock Insurance Law from the Ground Up" - January 25, 2012
Purchase Audio CD
Win Equine law Books!
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.]
Large Step Forward for the Horse Industry
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.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
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 27 posts in Contracts.
Should Minor Children Sign Equine Contracts?
In March 2013, I was a speaker at an Agribusiness Conference in Sacramento, California. Members of the audience raised excellent questions, one of which was: Should minor children be permitted to sign a horse facility’s contracts, such as releases, even if the child’s parent or legal guardian also signs? Read More ›
Categories: Contracts, Liability
Pre-Sale Agreements Regarding Inspections and Testing
During a national teleconference on Equine Law in January 2013, I was asked: “Do you recommend pre-sale agreements regarding inspections and testing?”
Answer
Yes. When I represent sellers in equine sale transactions, I prefer a contract that specifies that the buyer has received an opportunity to have the horse tested by veterinarians and equine professionals of the buyer's own choosing and at the buyer's sole expense. Allowing, if not encouraging, the buyer to seek professional opinions on the horse can help break the chain of reliance on the seller. What about a buyer-oriented contract? ›
Categories: Contracts, Sales/Disputes
How Can a Contract Authorize the Trainer or Boarding Stable Owner to Handle Veterinary Emergencies in the Owner’s Absence?
In January 2013, Julie was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York State Bar Association. Attendees raised several questions, and some of them are shared on this blog.
Question
Some boarding contracts in the equine industry ask owners to give their consent for veterinary services. What is your opinion of these kinds of clauses? Read More ›
Categories: Boarding, Contracts, Veterinary Malpractice
Attention Michigan Horse Dealers: Understand How Michigan’s New Dealer Law Affects You
On October 1, 2012, a new Michigan law went into affect that has implications for certain people or businesses who engage in selling or transporting horses and livestock in Michigan. The law, HB 5784, was designed to control the spread of infectious diseases of livestock and animals in Michigan. It now requires those engaged in the buying, receiving, selling, transporting, exchanging negotiating or who solicit sale, resale, exchange, or transportation of livestock to be licensed bonded by the Michigan Department of Agriculture. Read More ›
Categories: Contracts, Regulatory
Collecting Past-Due Board – The Stable’s Perspective
Stables with non-paying boarders have several options to consider. Proceed with caution as some options are mutually exclusive, meaning that state law might prevent the stable from pursuing two or more of them at the same time. The stable’s options, depending on the applicable state law, could include: Read More ›
Categories: Boarding, Contracts
Genome Sequencing: The New Frontier of Equine Breeding?
Genome sequencing/DNA-mapping of horses has been under way. A research team at Texas A&M University mapped one of its University-owned Quarter Horses (an adorable bay, foundation-bred mare). The testing provided, according to a Texas A & M geneticist, triple the genetic variation normally known about horses. Read More ›
Categories: Contracts
Does a Horse Rescue Adoption Give You Ownership?
Animal rescue organizations sometimes face the question of whether the “adoptee” of a rescued animal holds title to that animal and can use it for any purpose, even re-sell it. An equine rescue in New York litigated the issue of title in Cohen v. Rostron.1 Read More ›
Categories: Contracts, Sales/Disputes
Attorney Fee Clauses in Equine Contracts
The right contract language can help avoid disputes or reduce your expense if a dispute should arise. Details can separate marginal contracts from effective ones. Details can also help prevent legal disputes. A key detail to consider for a contract is attorney fees. Read More ›
Categories: Contracts, Sales/Disputes
Does the Other Party to Your Contract Have Authority to Sign It?
If you are entering into a contract with someone who claims to be signing on behalf of someone else – such as the sales agent signing for the owner, or a person claiming to be signing on behalf of a corporation or partnership – how can you be sure that this person has the authority to bind the other person or entity to the contract? Careful language in your contract can help. The contract could state, for example: Read More ›
Categories: Contracts
Consider Addressing Insurance in Your Equine Contract
The right contract language can help avoid disputes or reduce your expense if a dispute should arise. Details can separate marginal contracts from effective ones. Details can also help prevent legal disputes. A key detail to consider for a contract is insurance.
Different types of insurance exists for numerous horse-related activities and interests. Here are a few examples of how a contract can address insurance: Read More ›
Categories: Contracts, Insurance