Questions and Answers

Every month East Anglia Rider publishes a Questions & Answers section within the Magazine. These have now been made available to you, online.

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Displaying all questions within the Legal category

Could you explain about livery agreements and why they are important?

A livery agreement can be as complex or simple as the livery yard owner wishes to make it. The essentials which should be included in the livery agreement are as follows:-

  • The period of livery - is this a set period or does it start from the date the horse arrives at the yard and finish upon either party giving 4 weeks notice?
  • The livery fee - how much is the fee per week/calendar month and what does that fee include?
  • The location of the livery yard.
  • General obligations of the livery operator towards the horse (e.g. worming, feeding, bedding etc.)
  • Farrier - should this be arranged by the livery operator or the owner and who pays the farrier fees?
  • Veterinary - does the livery operator have the authority to call the vet in an emergency and who is responsible for the bill?
  • Riding the horse - where can the horse owner ride the horse on the premises?
  • Rules about visitors to the premises/dogs and children
  • Insurance - is it a term of the agreement that the horse must be insured at least with third party liability cover?
  • Obligations of the livery operator and horse owner at the end of the agreement
  • Livery agreements can pre-empt what will happen in certain situations such as when liveries refuse or are financially unable to pay their overdue livery bill. This leaves the yard owner with the dilemma as to whether they should let the livery take their horse from the yard, in which case they often feel that they have very little chance of recovering the unpaid fees once the horse is gone.

    A livery agreement can deal with this by stating that the livery yard owner has the right to claim ownership of the horse in the event that livery fees are unpaid over a certain amount. The livery owner and the livery agree to that term in both signing the agreement.

    In my opinion, livery agreements are very beneficial and so long as the agreement is drafted in the best interests of all concerned (especially the horse), they should not deter liveries, but encourage them that the yard in question is a professional establishment.

    Contact Jacqui Fulton on 01926 831231.

    Published in September 2007

I am an experienced competition groom and have decided to go freelance. Is there any advice you can give me on things I should consider?

Lucy Katan Executive Director of The British Grooms Association answers: As a freelancer you will get the freedom to work in different environments, meet loads of new people (and horses), but you'll quickly find that you're not only a groom anymore - you're also a business person.

When you become a freelance groom, the first thing you have to do is to think of a business name! It might just be your own name, or you might want something more general. Whatever name you choose, you must first make sure it's not owned by someone else, you can do this at www.ipo.gov.uk

Next you have to set up your business. You must register with HM Revenue & Customs (www.hmrc.gov.uk) as a Sole Trader business, this means all of your money comes into your business but you can draw whatever money you need from it. You will have to pay National Insurance and Schedule D tax on all of your profits and will have to submit an annual Self Assessment Tax Return so that the tax man can work out how much you pay. (Don't worry, your accountant can help you with this, or do it for you if it sounds daunting).

You should set up a separate business account for all of your freelance income. This is really important from a tax point of view. Most banks will offer start-up businesses a period of "free banking" - usually anything up to 18 months.

Usually as a freelancer, you will be working only for a few days or weeks for a client, and you might even work for several clients in the same week. Be very careful that you treat each one as a genuine client, not an employer. The tax man is very hot on making sure that freelancers aren't just employees trying to avoid paying extra tax. To protect yourself, you should:

  • have a standard contract to give to each client
  • carry your own insurance (professional indemnity and public liability)

  • keep your accounts in order and make sure business and personal finances are separate.

For more information about becoming a Freelance Groom or becoming a member of The British Grooms Association visit - www.britishgrooms.org.uk or call 0845 331 6039.

Published in August 2007

I see the BETA logo on lots of adverts in your magazine, why is this?

Liz Bewell from BETA anwers. "BETA (the British Equestrian Trade Association) was founded in 1978 to represent equestrian manufacturers, distributors and retailers. It also serves riders and horse owners by working for excellence on behalf of equestrian shops and shoppers. Today, BETA has around 800 member companies who are entitled to display the BETA logo in their shops, on internet sites, literature and advertising.

BETA is very particular about which retailers and tack shops are allowed to become members - a policy deliberately designed to protect equestrian shoppers (consumers). In order to join BETA, and have the right to display the logo, a retailer must prove that it is a professionally run business of benefit to the industry with an understanding of best practice guidelines set by the association for members. When you shop with a BETA Retail Member, therefore, you can be assured of quality service and reliable advice. If you are disappointed with that service, you can complain to BETA who will investigate and try to mediate a solution.

In short, you can shop with confidence where you see the BETA sign. BETA also trains retailers to enhance their knowledge of safety equipment, enable them to become qualified to sell horse wormers and have a good understanding of saddlery and lorinery. Shopping with a BETA-trained retailer gives you, the consumer, access to the latest information and developments. Retailers who have attended BETA Safety Courses can also offer you free, personalised fittings of riding hats and body protectors, plus advice on the latest safety standards.

You may also have noticed the BETA logo on body protectors. This is because BETA devised and administers the BETA Body Protector Standard that's now recognised and adopted worldwide. BETA's safety remit also extends to working closely with the various bodies that set and monitor riding hat standards.

You can obtain more information about BETA's work, plus free leaflets about rugs and body protectors - and a free BETA car sticker, by sending an SAE to BETA, East Wing, Stockeld Park, Wetherby, LS22 4AW. To find a BETA Retail Member visit www.beta-uk.org

Published in November 2007

If you have a query regarding your horse always seek professional advice.

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