BHS Loan agreement

The_snoopster

The_snoopster

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Hi my pony is off on loan to a friend in around a month, I want a a loan agreement set up and went onto the BHS web site but cannot seem to find a link for it. Do I need to be a member to get it ?
So if anyone knows please post back many thanks

The snoopster
 
Make sure you follow the instructions carefully and tailor the agreement to your own requirements to ensure that it is watertight.

Also make sure you keep your insurance in your own name, and that the loaner gets their own separate public liability and personal accident cover.

If you are sending any tack or equipment take photos of it beforehand and attach copies to the contract. Take a refundable deposit to cover loss or damage of them and keep them insured. Anything over reasonable wear and tear you can keep the deposit towards a replacement or repairs.

Make sure that the horse and any tack or equipment that you expect to get back is identifiable too. That means a freeze mark or microchip for the horse (quote the number in the contract) and security marking with a stamp for leather work.

I would attach photocopies of the horse's passport to the contract too.
 
I would attach photocopies of the horse's passport to the contract too.[/QUOTE said:
I have a horse on loan & have his passport, also when I loaned a horse out for 18 months I handed his passport to his keeper, which I think is correct. Also she needed it for vaccinations etc.
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legaldancer said:
I have a horse on loan & have his passport, also when I loaned a horse out for 18 months I handed his passport to his keeper, which I think is correct. Also she needed it for vaccinations etc.
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Yes the person who is loaning the horse will need the original passport, but the owner should keep a copy just in case. I suggested attaching copies to the contract because it identifies the horse and the owner and is an independant document which can be used as evidence should anything go wrong.

Some photos of the horse to show its condition at the begining of the loan would be a good idea too.
 
Once you have both agreed the final draft of the loan agreament get a specialist equine solicitor to check it out to ensure that it will stand up in a court of law.
 
OWLIE185 said:
Once you have both agreed the final draft of the loan agreament get a specialist equine solicitor to check it out to ensure that it will stand up in a court of law.
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This is good advice but it isn't essential.

I would hate for anyone to not get a contract just because they can't afford a solicitor (not that it has to be expensive).

A contract can be drawn up by anyone just because a solicitor isn't involved doesn't mean it won't stand up in court, the courts actually tend to be quite lenient when it comes to deciding whether a contract exists, although they may decide that certain terms are not valid if they are unfair or unclear.

The BHS loan agreement is a skeleton document produced by a qualified lawyer so if you follow the instructions to the letter you should be ok, but to be 100% safe it would probably be worth paying for half an hour of a solicitor's time to check it over.
 
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