Dubiz’s Trainer
So, I’m sitting in my office the other day working (of course!) and in walks Ida Dobiz who, upon discovering that my Virtual In-House lawyer program would enable her to have the next best thing to a full-time counsel, had immediately signed up and was here for her first regular meeting. “I’m really excited about this program because I’ve got all sorts of issues that I need to be able to review with you” said Ida. I replied, “issues are a part of business, our goal is not to let those issues become problems. So, lets start with a review your business operation and then we will begin with the most pressing issue”.
Ida explained that on her ranch she was boarding, buying, selling, training, offering trail rides, hay rides (who’d have though hay would want to get taken for a ride…) and renting to independent trainers.” “Speaking of independent trainers, I have this guy, we call him ol’ Broken and Bruised cause he has broken every bone twice and has matching bruises too, wears 5” spurs and his hat, well, I don’t ever get too close to it…”. BB’s approach to teaching new riders is to put them on a horse and have them hang on till things settle down. “Hmm, too old for that technique’ said I (yep, had a pet dinosaur as a kid). Ida continued, “the other day he put his student, Sheila Beahurtin, on his horse “Explosion”. He swatted Explosion on the rump as he told Sheila to lope off. “What’s loping” asked Sheila as her shiny, new 4” spur jabbed into Explosion’s flank and well, true to his name…” Sheila, summoning up the strength of Ben Hur, grabbed on with her legs, driving those shiny, new 4” spurs into Explosion’s flanks even more and well, first it was a hand stand on the saddle, followed by a saddle spin to a backwards mount, then she was on her back, then across the saddle the other way, then she was hanging upside down across the saddle with her head near the ground - but her hat stayed on! I was afraid she wouldn’t get back up the way she was dangling about, but hitting the water barrel flipped her right back into the saddle easy as you please! And the dismount, I asked (that’s lawyer for “how bad was the fall?”)”. “Almost a full 2 ½ turns before she hit the ground.”
Hmmm, said I (using my most lawerly “Hmmm”) let’s consider this situation (That’s right out of the “How To Talk Lawyer” handbook). BB rents your arena and “teaches” students of his own. I suppose there is just an outside chance that Sheila might, just possibly, get hurt. Its your arena, your barn and your dirt that Sheila keeps meeting up close and personal. Does Sheila know that you have nothing to do with BB’s training venture? “Don’t know, haven’t talked to her” was the reply. If she gets hurt you are an obvious target. “Me, or the company that I run the ranch through asked Ida?” “Depends, if I activate my “Super Shrewd Analytical Legal Mode,” I can see how an argument can be made that not only is the company liable, but you personally too. Whether or not a jury would agree, the immense cost of finding out is something you don’t want. Worse, I’ll bet that ol’ BB doesn’t have any insurance and I won’t be surprised if your insurance wouldn’t cover this situation either. “Oh, my insurance doesn’t matter, cause I got that sign posted - so I’m protected” exclaimed Ima! Ima, I said, “that sign” won’t help you this time, but that’s an issue for a different day.
Let’s take some steps to begin providing you with protections that will minimize both your personal exposure and your company exposure. We will advise Sheila lawyer style (that’s lawyer for “in writing”) of your relationship with BB and have her agree that you are not that liable for anything that happens while she is training with BB.” “Will that protect me?” “It’s a start, I replied. By documenting your relationship with BB and each of his students, and with a waiver of liability in hand, you have a much better defense.”
The main issue is BB and your relationship with him. Tell me about your agreement with BB - its in writing, right? “Uh, well, its kinda sorta on a napkin somewhere…” “Who’s responsible if his student gets hurt?” “What if Sheila’s antics cause an injury to another person on your property, who then?” “What if Explosion decides he has had enough of students with 4” spurs and hurts someone?” “How about insurance, who’s insurance covers what?” I’m beginning to getting the picture said Ima, my napkin agreement with BB isn’t worth the used napkin its written on.” Exactly, I said, we need an agreement with BB that sets out your relationship with him, who is responsible for what, insurance coverage, limits on activities, representations he can make, arrangements between his students and the ranch. When we are done you both will know your responsibilities, liabilities, limits, in short - we answer the “what ifs” in advance”. Ima protested, “but I don’t want to tell him what to do with his own business”, I interrupted (engaging polite, but forceful, lawyer mode) “everything that happens on your ranch is your business - If BB wanted to race dirt bikes around the property would you let him? What if BB wants to break Explosion to gun fire while he has students aboard, would you let him? How about if BB is firing live rounds out of his .44 while breaking Explosion…” “Course not… that would be crazy!” “So what your saying is there are limits to what you will allow on your property.” “Yeah, I guess…” Ida, I said, Don’t guess, and don’t be apologetic, its your ranch, your business and your life - you set whatever limits you think reasonable.”
Ensuring compliance with your agreement will be a huge step towards protecting both yourself and the ranch from damage claims due to mishaps. As an added benefit, since ranches have personalities then, as we work through things, your ranch personality will come through too. Over time, you will find that you attract people who fit in with your philosophy and those who do not fit in will go elsewhere. In the end, you will be much happier with your business. “Great, cause I’ve got some issues with some of my boarders, you wouldn’t believe the stuff that some of my boarder expect me to do - it drives me nuts!” “No problem, I said, lets deal with the BB issue before it becomes a problem and next time we will talk about the boarders.”
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