Operating a large boarding facility in North Carolina is rewarding and complex.
Stable owners juggle the responsibilities of animal care, property management, staffing, and customer service. Yet one area that often receives less attention than it should is the boarding contract. A poorly drafted or incomplete contract can expose a boarding operation to serious legal and financial risk. By understanding the legal framework in North Carolina and implementing sound contract practices, stable owners can significantly reduce those risks.
The Legal Landscape for Boarding Facilities
In North Carolina, horse boarding contracts are generally governed by contract law principles and, in certain situations, specific state statutes related to agriculture, animal welfare, or liability limitations. Because the boarding relationship involves property (the horse), services (such as feeding, stall care, and turnout), and liability concerns (injuries to horses, horse owners, or third parties), the agreement should be comprehensive and tailored to the facility’s operations.
One helpful statute is the North Carolina Equine Activity Liability Act (the "Act"). This law provides some protection to equine activity sponsors when participants in equine activities are injured due to the inherent risks of horses. However, the Act does not eliminate liability for negligence, faulty tack, dangerous conditions on property, or failing to match horses and riders appropriately. In other words, posting the warning sign required by the Act is necessary but not sufficient to protect the equine activity sponsor. Click HERE to read more about the Act and liability waivers and read on to find out how to incorporate it into a boarding contract.
Common Legal Risks in Boarding Contracts
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Ambiguous Services and Fees
Disputes often arise when boarders believe services were promised that the facility owner never intended to provide. For example, “full care” can mean different things to different people. Without precise definitions, disagreements can lead to nonpayment, bad reviews, or even lawsuits.
Risk: Ambiguity may cause claims of breach of contract or consumer protection violations.
Solution: Clearly outline the services included in board (stall cleaning, feed type and quantity, turnout schedules, blanketing, veterinary scheduling). Provide what services are available for additional fees and how those charges will be calculated.
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Liability for Injuries
Boarding facilities can have riders, trainers, farriers, and veterinarians on site at any given time. If a horse or person is injured, the boarding operation or facility may be named in a lawsuit—even if the injury was not due to an act of the boarding operation or facility.
Risk: Exposure to claims of negligence, unsafe premises, or inadequate supervision.
Solution: Include a well-drafted liability waiver as part of the contract documents. The waiver should comply with North Carolina law, be clear and conspicuous, and signed by the horse owner (and rider, if different than the horse owner). Combine the contract documents with liability insurance coverage and compliance with the Act's posting requirements. Click HERE to read about insurance considerations for boarding facilities.
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Unpaid Board and Abandoned Horses
Boarding facilities sometimes face situations where an owner stops paying board and disappears, leaving the horse behind. Feeding and caring for the abandoned horse will become an expensive burden for a stable owner.
Risk: Without a contractual plan, barns may violate animal welfare laws if they cease care, or face difficulty recovering costs.
Solution: North Carolina law allows agister or stable keeper liens for unpaid board, which may ultimately permit the sale of the horse to recover certain costs. However, the lien process is technical and requires notice and procedural compliance. A boarding contract should address late fees, the lien process, and the stable's rights in the event of abandonment. Click HERE to read about the North Carolina agister or stable keeper lien.
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Veterinary and Emergency Care
Horses can colic, injure themselves, or require immediate care at any time. Disputes may arise if the barn provides emergency veterinary treatment without the owner’s consent—or fails to provide such treatment.
Risk: Liability for unauthorized charges or alleged neglect.
Solution: Contracts should specify the stable's authority to obtain veterinary or farrier care, including limits on expenses and circumstances when the stable can act without prior owner approval. Require owners to list preferred veterinarians but give the stable discretion in emergencies.
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Risk of Misuse of Property
Boarders may use the facility for activities beyond the scope of the agreement—such as giving lessons, subleasing stalls, or hosting events—creating liability and insurance problems for the boarding facility.
Risk: Unauthorized commercial use can expose the facility to regulatory, tax, or insurance coverage issues.
Solution: State in the boarding contract whether boarders may give lessons, bring outside trainers, or allow third parties to ride their horses. Require proof of insurance for outside professionals and reserve the right to approve all third-party use.
Best Practices for Reducing Legal Risks
- Use Written Contracts for Every Boarder. Even long-standing relationships should be documented. Oral agreements are difficult to enforce and invite disputes.
- Review Contracts Annually. Update terms to reflect changes in services, pricing, or legal requirements. Outdated forms can leave gaps in protection.
- Make Terms Clear and Readable. Courts in North Carolina favor clear, unambiguous language. Avoid legal jargon where possible, and use concise language for important provisions.
- Include Key Protective Clauses.
- Liability Waiver and Release
- Fee and Payment Terms
- Emergency Care Authority
- Default and Remedies (including liens and abandonment)
- Rules and Policies (safety, biosecurity, arena use)
- Post Equine Liability Signs. Comply with the Act by posting visible warning signs in areas required by the Act.
- Work with an Attorney. Every facility is unique, and the best contracts are tailored to reflect specific services, facilities, and business practices. An attorney familiar with equine law in North Carolina can identify risks and draft terms that stand up to scrutiny.
Conclusion
For large boarding facilities in North Carolina, strong contracts are not just paperwork—they are risk management tools that safeguard the business, the horses, and the boarders. By addressing common problem areas such as services, liability, unpaid board, emergency care, and property use, stable owners can greatly reduce the possibility of disputes and strengthen their operations. Partnering with an attorney to draft or review contracts is an investment that pays dividends in security and peace of mind.
