Protecting Your Stable with Legally Sound Boarding Contracts
One spooked horse, one injured rider, one boarder who stops paying – and suddenly your stable could be facing a lawsuit that threatens everything you’ve built. Florida’s Equine Immunity Act can protect you, but only if your contracts and signage meet strict statutory requirements.
We ensure your agreements include enforceable waivers, lien rights, and emergency care provisions, so you’re not left vulnerable to disputes or litigation. Whether you’re opening a new stable or updating outdated contracts, our Wellington equine law attorney provides the legal clarity and risk mitigation essential in Florida’s competitive equine industry.
Why Choose Gueronniere Law?
Gueronniere Law has extensive experience related to equine liability and contract law in Florida. We understand the unique legal and operational risks faced by Wellington’s horse boarding facilities and provide tailored legal solutions to minimize exposure.
- Florida-specific equine liability and contract law expertise
- Custom contracts that incorporate Equine Immunity Act protections
- In-depth knowledge of lien enforcement and waiver drafting
- Local insight into Wellington’s equine economy and facility operations
- Guidance on insurance requirements for both boarders and facility owners
- Strategic contract clauses to reduce litigation risk through mediation or arbitration
Attorney Grace de la Gueronniere is a skilled attorney. She also is a lifelong equestrian, giving her personal experience in the equine industry. Her in-depth knowledge of the industry and equine law helps her fight to protect the rights of our clients.
What Should Be Included in a Florida Equine Boarding Agreement?
To benefit from the protections of Florida’s Equine Immunity Act, your boarding agreement must include statutory language acknowledging the inherent risks of equine activities. This language must closely mirror the statute and be clearly displayed in the contract or on posted signage. However, the Act does not shield you from liability due to negligence, including injuries caused by faulty equipment, failure to determine participant ability, dangerous facility conditions, willful/wanton disregard, and intentional injury.
It is critical to define care standards, emergency procedures, and responsibilities in your agreement. Essential provisions include:
- Voluntary liability waivers signed before boarding begins
- Defined care standards (e.g., feeding, stall maintenance, injury monitoring)
- Emergency veterinary care authorization with boarder consent and payment terms
- Insurance requirements, including proof of liability coverage from boarders
- Clear lien rights for unpaid board, stated in compliance with Florida law
- Termination clauses detailing notice periods, non-refundable fees, and dispute resolution methods
Without these elements, your facility may be fully liable in the event of injury, death, or payment disputes. Gueronniere Law ensures your contracts meet Florida’s legal standards and are enforceable in court.
How Can I Enforce Payment Terms and Liens in Wellington, FL?
Under Florida Statute §713.65, boarding facilities have a possessory lien for feeding and care only. Training fees cannot be liened under §713.65. Veterinary liens are governed by a separate statute, §713.655, and apply only to unpaid veterinary professional services. Attempting to lien for services outside these scopes may expose the facility to wrongful foreclosure liability.
Enforcement of equine liens is strictly regulated. After retaining the horse for three months from when charges become due, facilities must pursue formal sale procedures under §85.031(2), which requires specific written notice to all owners and interested parties. All enforcement actions must be brought within one year from the date services were last rendered under §85.051.
In Wellington, where monthly boarding fees typically range from $3,500–$6,000 for quality facilities during the winter equestrian circuit, unpaid balances can accumulate quickly. Your boarding agreement should:
- Define payment terms (e.g., weekly or monthly), due dates, and late fees
- Include a non-refundable deposit clause
- State that early termination does not entitle the boarder to prorated refunds without prior approval
- Clearly outline your right to retain the horse until full payment is received
If a boarder defaults, enforcing a lien may require formal notice and, in some cases, the sale of the horse. Gueronniere Law drafts enforceable lien provisions and guides you through the legal steps to recover unpaid board while complying with Florida law.
What Insurance Should My Boarding Facility Carry and Can I Require It from Horse Owners?
Yes, you can, and should, require boarders to carry general liability insurance. At the same time, your facility must maintain its own insurance coverage to protect against claims involving non-owned horses.
Recommended insurance for Florida boarding facilities includes:
- Commercial equine liability insurance
- Care, Custody & Control (CCC) coverage for horses you do not own
Your boarding agreement should require boarders to provide proof of their own liability insurance before bringing a horse onto your property. This protects your facility if their horse causes injury or property damage.
Additionally, under Florida Statute §773.06, any boarding facility hosting riders under age 16 must ensure compliance with mandatory helmet requirements when riding on public property. The facility may be liable for failing to enforce or facilitate helmet use by minors.
Without proper insurance, you could face personal liability, even if the Equine Immunity Act applies. Gueronniere Law helps you structure your contracts to require and verify insurance coverage, minimizing legal and financial exposure.
How Should Emergency Vet Care and Termination Be Addressed in a Florida Boarding Agreement?
Emergency veterinary care provisions are a critical component of any Florida equine boarding agreement. Your contract should authorize you to obtain immediate care if a horse is injured or becomes ill and clearly state who is responsible for payment.
Important emergency care clauses include:
- Authorization to seek emergency veterinary care with prior boarder consent
- Payment responsibility for veterinary services, including any applicable limits
- Notification procedures for contacting the owner during emergencies
Termination clauses should also be clearly defined to avoid confusion or disputes. Common terms include:
- Required notice period (e.g., 30 days) for termination by either party
- Non-refundable deposits or payments
- Grounds for immediate termination, such as non-payment or unsafe horse behavior
- Preferred dispute resolution methods, such as mediation or arbitration
Gueronniere Law ensures your agreements are legally sound, enforceable, and aligned with Florida law so you can act decisively in emergencies and avoid prolonged disputes.
Who Is Liable If a Boarded Horse Is Injured and Does a Waiver Offer Protection?
If a horse is injured while boarded at your facility, liability depends on the cause of the injury and the terms of your agreement. Florida’s Equine Immunity Act protects facility owners from claims related to the inherent risks of equine activities, but not from negligence.
To reduce liability:
- Include a clearly worded liability waiver outlining inherent risks
- Define responsibility for injuries or death in the agreement
- Require insurance coverage from both the facility and the boarder
- Document care standards and daily checks to demonstrate due diligence
If the injury results from a preventable hazard, such as broken fencing or unsafe footing, you may still be held liable. A well-drafted waiver and contract won’t eliminate all risk, but they significantly reduce exposure and provide a strong legal defense.
While Florida courts will enforce clearly worded exculpatory clauses, courts continue to apply strict scrutiny to these provisions and public policy disfavors them. All waiver language should be reviewed by an attorney for clarity to withstand judicial challenge. Gueronniere Law helps you draft agreements that clarify responsibilities and reduce the likelihood of costly litigation.
What to Expect When You Contact Gueronniere Law
When you contact Gueronniere Law, we begin with a consultation to understand your facility’s operations, boarding structure, and any existing agreements. We then review your current contracts or draft new ones to ensure they comply with Florida law and protect your interests.
Our services include:
- Reviewing or drafting equine boarding agreements
- Advising on signage and waiver compliance under the Equine Immunity Act
- Recommending insurance coverage and documentation requirements
- Clarifying lien rights and enforcement procedures
- Establishing emergency care and termination protocols
We offer transparent billing options based on the scope of work. Our legal team provides diligent and prompt service. Our goal is to provide you with legal protection and peace of mind before issues arise.
Protect Your Facility with a Legally Compliant Equine Boarding Agreement
Don’t wait until a dispute or injury threatens your business. Gueronniere Law helps Wellington stable owners draft enforceable equine boarding agreements that reduce liability and protect your livelihood. Contact us today to schedule a consultation and ensure your contracts meet Florida’s legal requirements.
FAQ
Do I need to post warning signs at my boarding facility?
Yes. Florida’s Equine Immunity Act requires facilities to post visible warning signs with specific statutory language. Failure to do so may void your immunity protections, even if your contract includes a waiver.
Can I use a template boarding agreement I found online?
Using a generic template is risky. Florida has specific equine laws, including lien rights and immunity requirements, that must be addressed in your contract. Gueronniere Law customizes agreements to comply with Florida law and fit your facility’s needs.
What happens if a boarder refuses to sign the agreement?
If a boarder won’t sign your contract, you should not accept their horse. Without a signed agreement, you lack legal protections for liability, payment, and emergency care. We can help you explain the importance of the agreement to prospective clients.