By Katherine Jarve

Here’s a twist on a holiday favorite – all the great gifts you can give yourself (and your horse) to ensure a happy and prosperous 2022 while also protecting your legal interests and rights!

On the 1^st day of Christmas, give your horse your attention!  Whether it is a good brushing or just a scratch on his favorite spot, your horse will appreciate your time.  This is also a great time to get in tune with your horse’s health.  If your horse is boarded at your trainer’s facility, stop by to check up on things.  You may consider discussing with your trainer what happens when your horse gets sick or injured and who will be responsible for making any health decisions about your horse in the event of an emergency.

On the 2^nd day of Christmas, give your horse a safe trailer.   Take the time to make sure that your truck and trailer are in good operating order.  Many times the trailer is overlooked when it is equally as important as the truck.  Check that all that components of the trailer are functioning properly (i.e., hinges, latches, drop down windows, ramps and doors).  Make sure your tires and safety chains are in good condition.  Equip your vehicle with road side safety equipment.  Give yourself the gift of preparedness in the event of an unexpected road side problem.

On the 3^rd day of Christmas, give your horse a safe barn and pasture. Check all electrical wiring in the barn.  Make sure your property is secured.  Double check fences to ensure that no posts or rails are loose.   Also, look for loose nails and screws on fences and inside stalls that can be a source of injury. Make sure all feed storage containers are clean and secure. Clever horses can open and unlatch doors and containers. Check your fire extinguisher.

On the 4^th day of Christmas, plan for your horse’s future.  Most horse owners are worried about how to prepare and plan for the death of a horse; however, you should also consider planning for your horse’s future without you.  Think about including your horse in your estate plan such as a Last Will & Testament.  This will allow you to how your horse will be treated and who will get your horse upon your death.

On the 5^th day of Christmas, gift yourself a picture of your biggest win from the show season.  If you were lucky enough to win big in 2021, you will want to frame and hang on to that winning moment shot. However, if that photo was taken by a professional photographer, then there are also certain rights that go along with the photo.  Generally, you can either (1) you can buy the photograph and copyright outright from the photographer or (2) purchase a print license.  You’ll need to contact the photographer to find out what options are available to you.

On the 6^th day of Christmas, consider donating to a local college or equine therapy program.  Perhaps you have an old gelding that could be an asset to one of these organizations.  These programs thrive upon donations as most do not have the budget to purchase horses.  Before you donate, be sure to execute a written agreement that specifically states the terms and conditions of the donation, which includes terms like the identity of the horse, intended use, health decisions or right of first refusal on resale.  Additionally, be sure to have the horse appraised if you want a tax write off.

On the 7^th day of Christmas, gift yourself organized paperwork.  Keep a binder or file with all your horse’s important paperwork.  Your file should include all identification paperwork such as breed registration papers and photographs.  It should also include necessary documents for interstate travel, including Coggins tests, Certificate of Veterinary Inspection and Equine Interstate Movement Permits.  You should also keep all agreements or contracts relating to the horse in this file such as sale agreements, boarding or training agreements and emergency vet care agreements.

On the 8^th day of Christmas, plan for severe winter weather. Make sure your property is secured.  Keep a reserve of food and water in the barn.  Check all fences.  Consider your options for identification of your horse such as a microchip.  At minimum, you should put a halter on your horse identifying the horse’s name and your contact information in the event that the horse becomes loose. Finally,if you need to evacuate, you’ll probably need to do so quickly. It’s a good idea to identify an evacuation site prior to a severe weather event.

On the 9^th day of Christmas, gift yourself a breeding to your favorite stallion. For lots of horse owners, the holidays signal the beginning of a new season – breeding season.  After carefully selecting your stallion of choice, contact the breeder and prepare a comprehensive breeding contract.  The contract should identify the parties and the horses, including registration names and numbers, the stallion’s availability during breeding season as well as costs and fees, including vet fees, shipping costs and collection fees to name a few.  The contract should also include terms about health and hereditary conditions (i.e. HYPP) and “live foal” or “live color” guarantees.

On the 10^th day of Christmas, purchase equine mortality insurance or “life insurance” on your horse.  Generally, this life insurance policy is intended to cover the fair market value of your horse in the event of death.  Just like with a human life insurance policy, you pay a premium and the insurance company agrees to pay you a certain amount of money if your horse dies during the term of the policy.  Very often equine mortality insurance policies will offer optional endorsements, including major medical, surgical and loss of use.  Of course, these endorsements will cost more.  However, if you have a champion show horse in the barn, these insurance policies can help minimize your risk in the event that something goes wrong.

On the 11^th day of Christmas, buy a new horse!  One is never enough and it’s hard to imagine a better gift under the tree; however, purchasing a horse should not be taken lightly. If you decide to purchase yourself (or another) a horse for the holidays, you need to exercise some basic precautions.  Avoid buying a horse sight unseen no matter how stellar its reputation or show record is.  Go ride the horse yourself or, at minimum, have your trainer ride the horse.  Yes, the holidays are near, but take your time.  Have a vet check performed and review all results with a trusted veterinarian.  Ask about any health concerns or known vices.  If you end up finding a good match, be sure to reduce the sale agreement into writing and identify all the terms and conditions of the sale.  As with all contractual agreements, a good old-fashioned handshake agreement is not in your best interest.

Finally, on the 12^th day of Christmas, spend time with your nearest and dearest and, for most of us, that will include a trip to the barn.

Katherine Jarve is a partner at the Marlton, New Jersey law firm of Jarve Kaplan Granato Starr, LLC. She is licensed in New Jersey and Pennsylvania and maintains a practice in personal injury and civil litigation, including equine related issues. Katherine spent her childhood competing on the national AQHA show circuit. This article is for informational purposes only and is not intended to be legal advice. If you have a specific legal question or problem, consult with an experienced equine law attorney. Questions, comments or suggestions can be e-mailed to kjarve@nj-triallawyers.com.