Where do we stand, and I have no idea what to do...

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Lolo

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Please help me.
Last year my sister rode a lovely little pony, and did very well on her. They evented round 1.10m courses and BE'd at BE100, qualified for PC eventing champs and managed to compete at a very high level SJ without faulting once (including a triple clear at PC area SJ despite the rider having a badly broken collarbone). We adored her, and she was my sister's little darling who could do no wrong. Unfortunately, she broke down and after a lot of soul-searching we decided that we could no longer keep her. She was on loan to us and so we gave the owner a months notice. E went to Newmarket and she'd done both her hind suspensories (which were successfully operated on in the end) but it was discussed that there lots of weaknesses in her front feet as well. She came sound but we still didn't think she was suitable to jump or do hard work on. There was arguing about this with some not-very-nice things said to my mum. We've heard nothing since. Until now that is. Pony is for sale. There are 2 stunning photos of her flying some pretty decent fences with my sister riding. Here come the questions...

1) Can we get her to remove the photos on the grounds that Alice is only 14 in the photos and she doesn't have our permission to put them on any website?

2) What on earth do we do about the fact the pony broke down very badly and nothing is mentioned in the ad?

Sorry, just so so confused and worried now. She looks so lovely in the photos...
 
Not a lot you can do I'd have thought. If the photos were pro photos then they are probably available on the internet. If they were taken by the owner then they own the copyright and unless you specifically asked at the time that photos NOT be taken I don't think you have a leg to stand on. If they were taken by you then you possibly have chance of having them removed.

As for the pony having broken down - that should be picked up at vetting, assuming the owners don't 'fess up straight away when asked by prospective purchasers.

If you want to pm me a link to the ad I'll phone up and ask about her if you like.
 
Ok. It is a pro photo so we are basically screwed on that front. Ugh.

Might ask you to do that, but probably need to wait until morning to think things through a bit. So upsetting, especially for my sister who adored the pony so much.
 
Lolo said:
Ok. It is a pro photo so we are basically screwed on that front. Ugh.

Might ask you to do that, but probably need to wait until morning to think things through a bit. So upsetting, especially for my sister who adored the pony so much.
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Actually, if it's a pro photo you could contact the person that took it and check whether the advertiser has asked for permission to use it.;)
 
I am a teacher, and if we want to use ANY images of children (under 18) in any school publicity, website etc we have to gain written parental permission. I would think you would be within your rights to have the photos of your sister removed from anywhere if parental permission for their use has not been granted.
 
Lolo said:
Might ask you to do that, but probably need to wait until morning to think things through a bit. So upsetting, especially for my sister who adored the pony so much.
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Lolo, as I understand it you had the opportunity to keep the pony on loan, but decided it wasn't up to what your sister wanted to do. At that point you gave up any right to have a say in it's future. It is sad that the pony is for sale, but you didn't want it and I assume as it was out on loan, the owner had no use for it.
 
Does the price look like it reflects the breakdown or that shes not ad the injury? There should be a big difference. It would be very unlikely that she would return to the previous level of work and really she shouldnt be made to. So does it look like the price reflects this risk and is she priced as a lesser ability horse or the top pony she once was?

Theres not really much you can do except hope any prospective purchaser has her vetted and the previous injury and surgery should be picked up on.
 
Lolo said:
Ok. It is a pro photo so we are basically screwed on that front. Ugh.

Might ask you to do that, but probably need to wait until morning to think things through a bit. So upsetting, especially for my sister who adored the pony so much.
Click to expand...

If you really want to get the pics removed...email the pro photographer and ask him whether he has given the seller permission to use them in the ad. Even if you buy a photo, I don't think that automatically gives you permission to use them. If she doesn't have permission, give him her contact details and he'll either make her buy them or remove them.

As for the injury, there isn't much you can do but hopefully any prospective purchaser would have a 5 stage vetting and be sensible enough to ask to see insurance cert.
 
I honestly cannot see your problem.

The pony you had on loan and decided to give up and hand her back to the owners to take on the bills etc. The pony has come sound and "in your opinion" and this is your opinion, she is not up to the work that you required of her, but is that a professional opinion, have you spoken to the vets that have treated her (you yourself say the operation was successful so why cant she go on to have a useful life), and got their final opinion on the use of the pony?

The photos are to show the pony off, not your sister they are not your photos being used as such, they are taken at a show (which is considered a public place) so the owners have no reason to ask you if they can use them.

The joy of loaning is if it breaks you can hand it back, which you chose to do, the owners are now selling the pony whether rightly or wrongly it is not your problem, and nor is your opinion valued as you no longer are privvy to all the facts. What the owners do or do not disclose is their problem they are the ones open to being sued not you, the pony is theirs

You washed your hands on the pony, the owners have picked up the bill and now wish to sell, I bet if someone spoke to them they would say you broke the pony then dumped her back, there are always two sides to every story.

Let her go and move on, you obviously didnt want to take the risk on if she came right, the owners had no choice, everything in your post is your opinion on what she can or cannot now do, not that of a professional that treated her, you could end up in a lot of trouble if you start to say things even if you believe they are facts that the owners can prove are incorrect.

Sorry if it seems hard, but you gave up all rights to the pony when you handed it back.
 
I can see that the OP is concerned as to whether or not the pony is up to the job that the owners may be suggesting it is..... and the photos would rightly or wrongly give the impression that the pony is still up to competing which it MAY not be.

The owners naturally have the right to do as they see fit with this pony, and, to be honest I would hope that any prospective purchaser would try the pony and have the pony vetted - which ought to reveal any problems.
 
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