YO's DIY livery freelancing and using yard facilities?

[Nativelover]

The first yard I was on charged the livery £15 per hour for the use of the arena if other instructors came in.
She did some lessons herself, but I thought her methods of tying horses down, with all sorts of gadgets cruel.
But the extra charge made lessons expensive.
I can see the need for it if it increases the insurance fees significantly, but I admit thought it greedy at the time.

 

[Rowreach]

Isn't the critical issue that a paid rider using the school may well not be covered by the YO's insurance whereas a recreational rider presumably is? In other words, it's the money concerned that invalidates the YO's insurance?

This would be my take on it.

 

[Winters100]

It is quite a difficult one, but if external trainers are allowed it is difficult to see why someone should be treated differently just because they keep their own horse on the yard. That having been said, since you offer these services yourself, I do think that it would have been courteous for them to discuss the matter with you in advance. Where I am (which is not in the UK) I have in the past had others exercise the horse for me when I have been busy or injured, and to be honest it has never occured to me to inform the owner, but then he doesn't offer these services himself and is very hands off, so would not be interested. Also we don't have the same problems with liability - I am one of the few who wears a helmet and if you fall and injure yourself here there would be no question that anyone but yourself is responsible.
Maybe you can deal with this step by step. Check with your insurance if it is ok, and if so leave it be in this case, but with new liveries change the contract that they can not offer competing services without your agreement. I think that even so it will be difficult to police, as if you make a charge then owners will just say that their friend is riding as a favour, and it is not really realistic to say that this is not allowed.

 

[WandaMare]

I agree this is a tricky one because the DIY freelancer has changed her relationship with you from a domestic customer, keeping her own horse on your premises, to a commercial customer operating a small business and using your facilities to do this. I think she definitely should have talked to you up front about this and offered to find out about any implications for insurance or business rates. Commercial tenants do usually pay a higher rent for the use of premises so I don't think it would be unreasonable for you to introduce a small fee for use of your facilities for business purposes. In theory, she could extend this service to other liveries at your place and end up using your yard as a base for her business. If I were her, I would definitely be offering some extra money to you to cover this.

 

[Winters100]

I agree this is a tricky one because the DIY freelancer has changed her relationship with you from a domestic customer, keeping her own horse on your premises, to a commercial customer operating a small business and using your facilities to do this. I think she definitely should have talked to you up front about this and offered to find out about any implications for insurance or business rates. Commercial tenants do usually pay a higher rent for the use of premises so I don't think it would be unreasonable for you to introduce a small fee for use of your facilities for business purposes. In theory, she could extend this service to other liveries at your place and end up using your yard as a base for her business. If I were her, I would definitely be offering some extra money to you to cover this.

Actually WandaMare is right, this would be a very good way to approach it.

I was also thinking about the insurance. It is not enough to just check that the lady has insurance, because in the event of an accident caused by defect in the premises then they would claim off their own insurance, but their insurers could try to reclaim the amount from you as YO. So I would check that your insurance covers you for third party liability in the event of an accident while the premises are used by professional trainers.

 

[JanetGeorge]

Isn't the critical issue that a paid rider using the school may well not be covered by the YO's insurance whereas a recreational rider presumably is? In other words, it's the money concerned that invalidates the YO's insurance?

Exactly. If the horse owner ALLOWED a friend to ride the horse - and it all went wrong - then chances are good the Livery owner's Public Liabillity would cover it. As a stud owner who sells a lot of young, backed horses, I know where I stand with mine. If someone comes to try a horse, they're covered; if they bring a more experienced friend with them, the friend is covered. But if they bring a professional rider/Instructor with them who is being paid by the buyer, THEY are not covered if they fall off the horse (and I have had it happen with an 'experienced' friend.)