Equine Law Blog
Should Minor Children Sign Equine Contracts?
Posted by: Julie I. Fershtman
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?
My personal preference is that minor children not sign contracts with their parents for a few reasons:
- State laws prevent minors (in most states, “minors” are people under the legal age of 18) from entering into almost every type of contract, except if the contract involves the necessities of life. Horse-related contracts do not, in the eyes of the law, qualify.
- Courts in a few states have invalidated releases on the grounds that the minors who signed them were too young to enter into a contract on their own. Cases include: Dilallo v. Riding Safely, Inc. and Smoky, Inc. v. McCray.
- Because of the ever-present risk that a court will strike down a release signed by a minor, even if a parent counter-signed it, it might be safest to leave off the minor’s signature.
- It might be more sensible for a minor to sign a clearly worded acknowledgment of risks, where allowed by law, rather than a release.
For the best protection, discuss your contracts with a knowledgeable lawyer.
Categories: Contracts
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
