Loan agreement help

xxcharlottexx

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I think i may have found a loaner for my horse *touches wood!*
so i am now trying to modify the BHS loan agreement to my circumstances but just needed to ask a few quick questions.

first and most stupid question is.. do you keep OWNER, BORROWER, HORSE, in caps lock, or do you put it back in lower case?

im struggling to reword this part.... "(8) It is understood by the BORROWER that the OWNER is responsible for ensuring that the HORSE is fully insured for veterinary treatment, third party liability, travelling, saddlery and tack, etc at all times for its full value and the liability for payment of the aforesaid insurance lies solely with the BORROWER. If the BORROWER fails to insure the HORSE and its effects the BORROWER assumes full liability for any loss or damage, including 3rd party legal liability. (The OWNER may have to arrange the
insurance and reclaim the premium from the BORROWER, consult your insurer.)"

Can anyone help rephrase it to say that i the owner has paid for the horses insurance until 3rd aug 2008 but the loaner will have to pay the excess or anything excluded from insurance themselves, and that 3rd party liability is required as i dont have this in my insurance policy as i am a gold member of the BHS so get it with that.

for section 4..... "(4) It is understood by the BORROWER that the HORSE (insert conditions of care
- for example - must be stabled in the winter at night, requires restricted grazing in
the summer, requires his hay soaked or anything similar)"

would you add things like horse must be shod every 6-8 weeks, continue with worming programme, and anual vaccinations (due in april)

the horse is staying at same yard so have friends and family keeping and eye on him too so they will all make sure it done, but just want everything needed in the contract.
sorry if this doesnt make much sence, well done if you got this far!
 
The CAPS bits are the bits u change!

I would write every single care condition so then they are fuly informed of what you expect.

I would use how u wrote the insurance bit as that-its clear enough.
Honestly its best to go over board and write everything down so that if the worse happens your covered!
Sorry to sound a pessimist but i didnt and my mare came back when the rspca returned her to me.
 
From what I know of the agreement, it wouldnt stand up in court - or so I was told by a legal team when we were going to take a loaner to court over it as they refused to pay vet bills when they signed the contract saying they would.
All I can say is be very careful with what you put in there and if necessary get it checked out with a legal person.
 
Hmm- be careful. I had mine rewritten by a solicitor & was well worth it. Not sure of BHS agreements' weight if it unfortunately came to a court case. good luck.
 
I have had two horses on loan in the past and from a loanee's point of view I know I would rather have EVERYTHING in detail so I knew right from the start where I stand and what you expect from me
grin.gif


On another positive note, I bought one of my loan horses after a very successful loan and the other I reluctantly gave back as I wanted to move yards and the horse's owner did'nt want her moved which is fair enough!
grin.gif
 
The caps are where you put you horses name,your name and borrower's name. I had to re do my loan docs 3 times to get them upto scratch.Make sure everything is clear and that you go over it a million times until you are happy with it.
 
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