The Joys Of Boarding Stables
So, I’m sitting in my office the other day working (really!) and in walks Ida Dobiz for her next meeting under the Virtual In-House lawyer program.
“I have more trainer issues,” Ida said, “but let’s jump to my boarding operation because some of my clients are driving me crazy!”
Since I was already very familiar with Ida’s business structure and operations, she jumped right in.
“I’ve got this boarder, Paina Innabutta, nice guy but… We started with standard boarding, you know, we feed and clean. Then, Paina called one day and asked if I could turn his horse out. Then it was Tuesdays and Thursdays before noon, then it was after 2, except on alternate Wednesdays followed by Fridays with a full moon when it’s to be after 5. He’s driving me nuts, I can’t keep up. I want to drop kick him into the hayloft, but he’s so nice about it all, I end up giving in.”
“That’s exactly what my wife says about me” I replied, “at least the drop kicking part.”
Ima laughed. “And it’s your fault too! But wait, it gets better, we also have Mr. I.M. Nutz boarding his horse named ‘Basket Case.’ No matter what we do, it’s not the right thing, done the right way or at the right time. This morning, he was complaining about the temperature of the water in Basket Case’s stall. He wants the water chilled to exactly 57 degrees. Last week, he brought over a case of Perrier water and insisted that Basket Case drink nothing else! Basket Case refused to drink the Perrier and, despite my pleas to give Basket Case water, I.M. knew better, and insisted that Basket Case was simply being stubborn and irrational by refusing to drink the Perrier. I.M. then said that a simple, rational discussion with Basket Case would solve the problem. Even after Basket Case was showing signs of stress and dehydration, I.M. refused to allow Basket Case plain water ‘till he saw the light. When I.M. finally showed up at the ranch, he was furious that Basket Case still hadn’t seen the light and proceeded to gave him three gallons of strawberry soda.”
O.K., I thought to myself. I’ve heard some crazy things before, but this?!! At least I know why the horse’s name is Basket Case … .
“Well,” I said, “let’s start at the beginning … .
“Written agreements, right?” interjected Ima.
“Bingo” I replied, “what do you have?”
“Which client? I have 36 agreements, more or less in writing.”
“Hmmm,” I said in a very lawyerly manner. “By more or less, you mean the agreements were changed, but you don’t have all the changes in writing?”
“Yup, there aren’t hours in the day to keep up.”
“How about we fix the whole problem for you,” I suggested.
At that suggestion, Ima grinned from ear to ear.
“Let’s start by creating one standard agreement that sets out your terms, conditions and standard procedures. Everyone either signs on or boards elsewhere - no exceptions.”
“But, what about the extra stuff some of the boarders want?”
“Easy, you can develop a menu of extras that clients can opt for if they want, but no more Perrier or Wednesdays followed by Fridays with a full moon stuff. You offer the extras that you can manage and are willing to provide. Remember, you’ll never be all things to all customers so don’t try. If I.M. really wants to feed Basket Case Perrier and strawberry soda, you can’t stop him, but you can refuse to participate.”
Ida though about it and then asked, “what about when Basket Case was dehydrated and obviously suffering. Do I have to simply stand by and do nothing?”
“Good Question” I replied. “Remember, it’s your ranch. You set the rules and I’ll make them part of your terms and conditions. Your rules can include that you can step in if warranted, particularly to prevent acts of cruelty. We’ll structure your requirements with an eye towards liability control and your insurance agent will make sure that your insurance coverage is appropriate. I have found that the really good insurance agents not only know their products inside and out, but will take the time to sit down with you and review your needs and your policy limitations. The end product will be a standard agreement that allows you to easily keep track of what services you’re responsible for because you’re proactively setting the terms instead of reactively dealing with requests that may even seem reasonable at the outset. When we’re done, you and your boarders will have a clear understanding of which responsibilities are yours and which are the owner’s.”
Ima looked dubious so I said “let’s look at just one example. One of your boarded horses develops colic. You can’t reach the owner and you have done all you can do for the horse but, now it’s time to get the vet. What if you don’t know who the owner uses for a vet? Do you call in your vet? What if you do call in a vet and the vet advises immediate surgery or the horse will die? Now what? Do you do nothing until you can reach the owner? Time is short and the horse could very well die. You’re gambling no matter what you do. What if the horse is a very expensive stallion and it’s insured? Are there insurance notification requirements? Even if you have the insurance information, is it your responsibility to provide notice? Who’s responsible if notice is not given?”
“Wow and double wow! What a mess!” Ima exclaimed.
“Well, I admit it can be, but, through our properly constructed boarding agreement, we can cut through all of this easily. For example, if the owner fails to provide insurance information. the owner will have to agree not to hold you liable. Further, we can limit your liability to simply making a good faith effort to contact the insurance company.”
“I could even refuse to take responsibility for their insurance policy” Ima said.
“Correct,” I replied. “You can limit your responsibility as you see fit and you can require instructions on how to deal with serious conditions before they occur. You’ll rest easier by knowing in advance what to do if a problem develops. Even better, your boarder will rest easier knowing that you’re a professional operation, sophisticated enough to be thinking ahead.”
“What a load off my mind,” Ima beamed. “I’m off to get a strawberry soda to celebrate!”
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