Neglect vs Abuse - Which is it?

Every year regardless of the season we see new cases of neglect and/or abuse.  The terms neglect and abuse appear to be interchangeable.  Do they mean the same thing?  Should we carefully define each word and place different parameters for education and compliance on each?

According to the on-line version of the Merriam Webster dictionary the definitions are as follows:

Neglect:        to give little attention or respect to : disregard ; to leave undone or unattended to especially through carelessness.

Abuse:        a corrupt practice or custom; improper or excessive use or treatment : language that condemns or vilifies usually unjustly, intemperately, and angrily; physical maltreatment.

What ever you call it the horse or animal suffers. 

Many of you are aware I recently moved to a new residence in a different state.  If you are acquainted with me personally you know that I abhor both neglect and abuse.  I have a soft spot for all animals in particular horses and cats.  If you have followed my Facebook posts you will remember that the party I now share a barn with routinely places their two horses in stalls without bedding, food and water.  We were in a rainy period at that time and the horses were standing ankle deep in water, urine and manure.  The periods of stalled time increased with each stabling and at last incident the horses were in their stalls 36 hours without water. 

When the stalled time reached 36 hours, I called the County Sheriff.  I made a report over the phone and a Deputy called me back about 30 minutes later.  First let me say, the Deputy was courteous, kind, and sympathetic.  He recommended that I become familiar with the state laws and regulations.  He further recommended I decide (before I did anything) what I hoped to gain from a complaint.  He also cautioned me that state laws were vague and allowed for much wiggle room in the areas of neglect and/or abuse. 

Based on my description, a case of borderline neglect existed at my barn.  While that definition did not negate the impact that this neglect was having on the horses it was based on state law.  My concerns would probably not result in any action by the County Attorney.  My goal was to change the horses habitat.  I felt these particular horse owners lacked education, experience and a desire to treat their horses appropriately.  They were not, however, devoid of feelings.  Some of you might say that is wrong and it is certainly within your right to disagree.

 To say the relationship between the two of us started off on the wrong foot would be an accurate assumption.  A few days prior to signing my lease, I walked over and introduced myself.  I was told they, the existing renter, would be renting out stalls and later renting the entire facility.  As I proceeded to check out the garage which was included in the rental, I was met with several hanging deer carcasses.  I was quickly ushered out of the garage and told that the existing renter was using the garage as well as the storage room.  You probably think - OMG why is she telling us about a situation she should obviously be discussing with her property manager.  You would be right.  The situation was discussed and corrected by the property manager.  The reason I am providing you with this information is to establish a background.   Opinions, education and experience all differ.

I signed my lease, moved my horses in, allowed the existing renter sufficient time to vacate the garage. 

Each of us has a different idea of what proper care of an equine consists of.  I like to keep my horses in stalls.  Others feel pasture is just fine.  I like to grain my horses.  Others feel natural grass is the way to go.  So with differing opinions in mind, we can review the 5 scenarios to see if abuse or neglect exist.

1.    Lack of water.  Plainly stated and factually documented the two horses owned by the existing renters did not have free access to water.  I am not talking about an hour or two of no water because the bucket has frozen.  I am talking about hours up to 36 hours of no access, no bucket, no water.  So is this abuse or negligence? 

2.    Pony stallion.  A 25 year old Pony Stallion routinely gets out of his pasture and indicates to neighboring horses he is a stallion to be reckoned with.  This very same Pony Stallion is regularly used by a 3 year old girl as her riding partner.  The 3 year old is allowed to lead, brush, and care for this Pony Stallion.  No attempt to restrain the stallion is made.  The child’s parents do not see any danger in having their 3 year old interact with a stallion.  Is this scenario abuse or neglect?

3.    Stall 24/7.  A young warmblood mare is stalled 24/7.  She is provided with food, water and clean bedding.  She is rarely turned out.  She soon becomes a stall kicker and a weaver.  Keeping her stabled without adequate exercise - does this make for neglect or abuse?

4.    Rollkur.  It has been determined by the majority of the Dressage community that Rollkur in the extreme sense is abusive.  I don’t want to get into a Rollkur debate but suffice to say Rollkur does change the horse's way of going and can cause injury to the horse.  However, it is important to remember Rollkur is used in all disciplines, Western riding included, with Dressage being the most singled out.  Having said that, I recently over heard a comment by a trainer that was watching me ride my mare.  He berated me to his student because my horse was being ridden on the bit with contact.  He stated riding on the bit was over flexion; ie Rollkur.  Abuse or neglect? 

5.    Hock injections.  A young cutting horse is given hock injections to insure his ability to compete.  He is 3 years old.  Abuse or neglect?

I have provided 5 different scenarios.  If you have read some of my other articles you know the drill.  If not, this is how it goes.  I will address each incident with comments.  For the purposes of this article, I contacted several different people for opinions.  Some of those were trainers and others amateurs.   I researched different Equine Rescue sites and I asked questions of a couple of Humane Society members.  The answers and comments are neither right or wrong.  They are merely opinions.  So here we go…..

1.    Lack of water.  Everyone I contacted was saddened by the water issue.  While the stabling without bedding in unsanitary conditions was also a concern the lack of water elicited the most comment.  Comments were 50/50 as to whether it was abuse or neglect.  One comment that stood out for me was whether or not the horse owner was educated in the care of a horse.  Would they realize that restricting a horse’s water intake could be detrimental to the horse’s well being?  If the answer is no, then lack of water is neglect.  But if the person is educated or aware of what the lack of water can do to a horse, the answer would be abuse. 

2.    Pony Stallion.  Comments about this riding partnership ranged from stupidity to carelessness.  There no positive comments regarding this relationship.  However, some polled individuals admitted to letting their children ride stallions in controlled situations but never in company.  When told that the Pony Stallion and the lack of water issue were the same owner, persons who previously indicated this was abusive and a dangerous situation, changed their answer to neglect and ignorance.

3.    Stall 24/7.  Persons polled had mixed response to this scenario with the majority feeling it was more of a neglect issue than abuse.  The reason behind this answer is that horses are stalled continually while showing and may be stalled for medical reasons.  Trainers polled indicated there might be a need for additional exercise and would consider hand walks if turnout was unavailable.  All parties agreed that safe turnout was ideal for most horses.

4.    Rollkur.  Interestingly enough I ran across people who did not know what it was until I showed them a picture.  One person even thought simple bending was Rollkur.  I had two persons indicate that what I called Rollkur was hyperflexion.  I smiled.  One trainer who wished to remain nameless said he felt it was acceptable provided it was used briefly.  Two trainers who followed a similar training theory felt anyone using contact on a horses mouth was abusive.  They further stated use of  Rollkur was a hanging offense.  One trainer who admits to having trained horses in the dinosaur era provided me with comments that I felt summed up the subject.  He stated that anything used in excess could be considered abusive if the person training or riding the horse was aware of the consequences of their action.  If they were merely simple minded then the result could be considered neglect. 

5.    Hock Injections.  The subject of hock injections seems to be a volatile one.  Hock injections in young horses even more of a volatile subject.  Apparently in some disciplines the practice of  injections in young horses is quite common.  And in other disciplines it is more common in older horses.  I don’t want to start a firestorm so you can figure out the disciplines on your own.  Comments from certain factions felt hock injections were cruel and it made horses work while in pain.  Their answer was that hock injections were abuse.  Other comments indicated quite the opposite in that horses could continue to be productive and without pain behaviors if given hock injections.  Personally I feel if my veterinarian recommends hock injections than I will go for it.  I don’t think there is a clear cut answer in this scenario.  It is probably best to defer to a qualified medical opinion for answers in the scope of this scenario.

So I provided you with 5 scenarios and I also provided you with background on my neighbors.  What do the two have to do with each other?  They are a study in neglect vs. abuse.  We face these kinds of situations every day when we run across a horse or any animal for that matter who is treated in a fashion differing from our own beliefs.  In my opinion my neighbors are neglectful but to date their poor treatment is only affecting their own horses. 

While I am here I intend to carefully document their care or lack thereof.  I intend to carefully assess each concern I have before making any allegations to the authorities.  Should the situation escalate to abuse I will call for immediate assistance.  Sadly we can not force anyone to care for the animals they have in their possession.  In some states the clarification between acceptable treatment and unacceptable treatment is very muddy making it difficult for the authorities to launch a successful prosecution.  We must do what we can within the laws to secure the well being of the horses we revere.  Equally sad is the refusal of some individuals to admit to the need for education or advice.  We all think we know what is best; however, it is the wise person who admits they do not know everything. 

Equinox Ripoff Update

I realize these Equinox posts are not horse related but I promise I will get back on track.

As promised here is an Equinox Skin Care update.  Based on the lack of cooperation and action on the part of Equinox Skin Care/Equinox DNA we are in a refund holding pattern.

While Equinox is responding to complaints posted on People Claim Administration, the responses are not providing a timely resolution.  To date no proof has been provided that any product was received and signed for at my residence.  To date no proof has been provided that a product was ever ordered by anyone at this residence.  No refund has been received. 

I have checked with Colonel Buff and The Pinto Beano and they have assured me they did not order any beauty products.  Big Horse and Solo have also answered that they too did not order any product but do feel that a new batch of pony treats is warranted. 

Equinox Skin Care has indicated a possible $99.00 refund sometime in two weeks.  They state their company policy does not allow for an immediate refund.  What is amusing is that their company policy certainly allows for immediate charges without offering service or product!  Equinox also requested that I cease the pressure.  I have declined to do so and, in fact, posted on several other sites this morning with information about the deceptive business practices adhered to by Equinox Skin Care. 

Normally it is fairly easy to locate company’s origin.  Maybe I am a klutz in this area but I am finding very little about how this company started business.  I have been able to discern that the two companies, Equinox DNA and Equinox Skin Care, one in the same.  But I have also found alarming connections to other past scams.  Until I can determine if all these companies are connected I won’t comment on those connections.  Equinox DNA seems to have a Sparks, Nevada address while the Equinox Skin Care address is in Dallas, Texas. **I have just located a site for Equinox DNA with the Dallas, TX address** The websites are all one page propaganda type ads with NO INDICATION about company officers or contacts.  Everything is referred to the customer service department which we all know to be a frustrating and foolish department.

I eventually discovered a parent company or at least I assume it is a parent company.  I played detective for about 3 hours tracking down complaints and information.  This latest information notes that the Equinox and Sheridan Labs moniker is out of Utah. They have two additional websites:  www.equinoxbeauties.com  and www.sheridanlabs.com. 

Under the Sheridan Labs website the following is included.  It is under the "about us" tab.  No real information.

What a long journey it has been - and we made it through with victory in our hands! At Sheridan Labs we truly believe we owe our success to the high quality of our products and our excellent customer support staff. We consider these two factors to be the backbone of our achievements. Sheridan labs completely rely on the valued Feedback of our customers. Based on this valued feedback, we take steps in product development and consider changes in sonata.

The inception of Sheridan Labs was in June 2007 and officially came into existence in October 2007. However, Sheridan Labs did not proceed to start operating till November 2009. Surely, but slowly, we began undertaking what we truly believed in, and thus our operations began in full swing! Now here we are in 2012 and thankful for the progress that we continue to make on a daily basis! For this, we thank the support of our affiliates, processers and our loyal, supportive customers!

The address in Utah is Sheridan Labs 14953 Heritagecrest WAY STE C, Bluffdale, Utah

This organization has a couple of other products.  Those products are EnVisage, Juicy Lips, and Xtralash besides the Equinox products.  Larry Robert is listed as the manager and the email to contact them is info@sheridanlabs.com.  I have also listed the phone numbers.  316-1904, (877) 862 9839, 1-877-862-9835, 1-877-524-0272, 1-877-599-2652, (877) 316-1904

I found this latest information on www.scambook.com.  I also filed a complaint there.  I sent an email to the info@sheridanlabs.com address as well.  No response yet.  Their site listed only 9 complaints and with mine made 10 but bear in mind this is only one website.  The complaints do not include all those complaints on blogs or forums or those, for that matter, that are too embarrassed or frustrated to say anything.  The complaint list also does not include all the complaints to other websites covering scams.

It is puzzling to me that this company or group of companies is still in business.  Of course I can’t tell if the authorities are investigating but if they aren’t they certainly should be. 

Until next time……

Equinox Skin Care - The Big Rip Off!

Recently my debit card received two charges by a company I have not done business with.  Honestly I missed the first one of $4.95 that occurred on the 3rd of December.  Foolishly I thought based on the name Equinox that it had something to do with shipping charges on a recent equine supplement purchase.  I disregarded it as it was only $4.95.    That was a HUGE MISTAKE!  Not only was I to discover that Equinox was NOT an equine related company but because I had ignored the first minor charge, Equinox charged my account $99.00 on the 17th of December.  A surprise that was not welcome and certainly not expected. 

Acknowledging that mistakes can be made, I called Equinox Skin Care company.  I explained I did not order anything from them and had not received anything from them.  I was rewarded with a laugh, a comment that no refund would be made and the “Customer Service” representative hung up on me.  I use the term “Customer Service” loosely as there was no customer service present during the phone call.  Another call to the company resulted in another hang up, so I called my Bank.  First let me say, my Bank was wonderful.  All parties were helpful and supportive within the regulations that govern their business.  I was told I needed to dispute the charges.  I have done so.  So despite our recent snowfall I headed into town hot on the tail of a snowplow.  Which by the way, Montana (at least in Ravalli County) has the best snowplow service I have ever seen.  Thanks, Guys, me and the little Kia thank you.

Once at my Bank, arrangements were made to reissue a new debit card to prevent any further unauthorized  charges.  The Bank representative who certainly practices Customer Service and Customer Satisfaction called Equinox Skin Care.  The response she received was much like mine without the laugh.  The Equinox representative alleged I had ordered the product and received the product but could not produce information showing I signed for the product.  That information was not available because I had not received the product or for that matter ordered the product.  The Equinox representative did agree to cancel the subscription that had my name on it but even though the cancellation fell within their the 14 day cancellation without charge period, they refused to refund the $99.00.  The 17th was the 14th day. 

So essentially Equinox wanted to be paid for not providing a service or a product.  The only thing I received was a loss of funds by a company with questionable business practices.  Well let’s not forget heartburn due to the stress involved with this scam.  Hmmmm…not sure that is worth $99.00.

After signing the appropriate Bank required paperwork, I again called Equinox Skin Care.  Same lack of Customer Service.  I was left on hold for 15 minutes waiting for a supervisor only to receive a supervisor who had difficulty understanding what my complaint was about.  When finally the light bulb went on, the regulatory laugh was presented along with the “no, absolutely no, refund”.  At that point, I went to the grocery store and bought two donuts. 

After cleaning stalls and refilling water buckets I returned to some resemblance of a normal human being.  One thing I learned from my daughter is that the Internet will tell you everything about any company in the world.  Now the information presented may or may not be true but it is there.  I started my research on Equinox Skin Care aka Equinox DNA.  What I discovered was appalling and frightening.  Not only did Equinox DNA hold a BIG FAT F on the Dallas Texas Better Business Bureau website but there were endless lists and comments about their deceptive business practices.   A great majority of the comments centered around Equinox’s deceptive business practices but also included  fraudulent charges, company failure to comply with cancellation requests, refusal to refund, refusal to replace product not received, and the list went on and on.  The majority of the complaints had resulted in NO RESOLUTION FROM THIS COMPANY.  Many of the posters had just given up trying to resolve anything.  While some indicated satisfaction with the product the company’s business practices were left wanting. 

The way this scam works, and if you think it is not a scam that is your right, is that Equinox and an associated company, Truth and Beauty, offer “free” samples. This advertising was supported by the Doctor Oz Facebook posting a few weeks ago.  All they ask is that you pay the shipping and handling for a miraculous product that will take years of your face. 

Where the two companies seem to differ is that Truth and Beauty tells you up front that you must cancel during a specific period or they will automatically charge your account for future shipments.  From what I was able to determine from the posts, Truth and Beauty while somehow “in bed” with Equinox treats cancellations with a bit more customer service resulting in some customer satisfaction.  That is where the similarity ends because almost 99% of the complaints about Equinox Skin Care indicated that the ads on the internet did not include a subscription warning.  100% of the viewed complaints from consumers who actually received the sample package indicated Equinox Skin Care provided no enclosed documentation in the sample package indicating that  you had in fact subscribed for a monthly product delivery to the tune of $105.95 a month.  A good percentage of complaints indicated they received no product after the payment of $99.00 went through their bank account.  I followed the ad on the internet for Equinox and found no mention of any subscription period or indication of an automatic charge of $99.00 until I actually went on their website.  The notice is listed in small print at the bottom of the home page and easily missed.  It does state that cancellation is allowed in the 14 day period but fails to mention that no refund will be made even though the consumer may not have received the product.  It is possible I misread because it was late and I was beginning to tire of reading about this company who has ripped off so many. 

After determining in my mind that something was really wrong with this picture, I filed several complaints to include Better Business Bureau, People Claim Administration, and the Consumer Protection Agency.  I also did a web search of companies that have featured this product in their magazines or websites.  I have sent emails to many as I had time for.  Additionally, I contacted the Doctor Oz show who sent me a form email indicating no response would be forthcoming.  I posted on his Facebook and received a deletion.  Perhaps the comment is still there but I couldn’t find it.  So I sent CBS a request for review.  I used to watch Doctor Oz but no more.  Any public figure who supports a scam like this is not someone who deserves my time.  If he was unaware of the deception than shame on his handlers, they should have done their research.

So for those who have had the unpleasantness of Equinox Skin Care foisted upon them during this Holiday Season or anytime for that matter, I urge you to pursue some kind of action against this company.  I am not sure if the product works as I have not used it.  I am not sure if this company is acting illegally as I am not an attorney.  Although, I am hoping some energetic legal Beagle will go after Equinox Skin Care aka Equinox DNA.  I am not sure if anything can be done to stop their deception but I think we at least need to try.

I received an email from Equinox Skin Care this morning that I would be receiving a $99.00 refund within two weeks.  Since refunds are done electronically and they certainly removed my money quickly enough, I do not feel this resolution is satisfactory.  I have responded that the refund must be received today.  I can forgive the $4.95 as a payment for a lesson to me to more carefully watch my on-line transactions and never assume that a company with a name remotely sounding of horses is a legitimate.  I have been spoiled by the wonderful service and products from such companies and Dover Saddlery and SmartPak.  Perhaps Equinox Skin Care could pay one of those companies for some lessons in business practices and honesty.  To allow Equinox even one more day of access to my money is not permissible besides one of the complaint posters indicated her refund never came through as promised.  I am not counting my chickens before they hatch.

For those of you who wanted more information, hopefully I have provided it.  I will  post further developments on this site and leave Facebook for more pleasant holiday ramblings.  I firmly believe it is time to clean up Equinox Skin Care and erase the “wrinkles” in their deceptive practices.  If they don’t wish to treat the American Public with decency and fairness than perhaps they should not be doing business in the USA. 

A New Year Cometh

This Holiday Season has been marred by the tragedy in Newtown, the economy in general, and the loss of hope that has blanketed the nation.  Facebook posts are littered with despair and sadness.  This is the first Christmas without my mother.  My daughter and her family have moved from the area.  I am alone in a state that I know longer feel a kinship to.  I moved here to be closer to my daughter and a couple of months later they moved for employment reasons.  Or at least that is what they said.  I would hate to think they moved because I was in the area.  LOL  I was laid off from a job that I had planned on being my last one.  I  watched less qualified persons with considerably less seniority be retained on the payroll.  I was asked to question my goals and wishes by persons forever critical of others.  Many concerns and questions reared their ugly heads in this time of review.

I decided to take this holiday time to revisit the concerning areas of my life and makes plans for the future.  One thing that I have taken out of all of this negative news is that our lives can be cut short in an instant through no fault of our own.  I want to pursue possibilities that make me smile and leave me less stressed than in times past.  I want a job that leaves me with employee satisfaction not one that promotes based on blood ties.  I want an employer that treats their employees fairly and with courtesy.  Am I focusing on that or the salary alone?  When I choose a company to do business with am I getting customer service along with customer satisfaction?  Is the trainer I choose to work with providing me with quality time and instruction?  Is my home a sanctuary of peace and contentment?  Am I failing to pursue dreams because it is simply too much of a challenge?  Or is it easier to blame another party for my failure?  So while this post will deviate from my usual sarcastic rant, it is something I feel compelled to write. 

In my efforts to re-employ myself I discovered a few things.  First I was dissatisfied with my previous employment.  While it offered me some degree of independent thinking, the independent work style necessary for my position did not equate into advancement.  I had reached the end of the road.  I was not a family member or friend of management which ensured success.  The industry was changing making my position less in demand.  Probably most important, I realized I was not valued.  At one time I had been but changes in the company model placed less importance on my type of work.  Now I was an over 50’s female who was most expendable.  The restrictive job market is difficult for younger persons but more challenging for a mature worker.  I realize I am not alone in this pool of unemployed and underemployed persons and I realize in some ways I was better off than others but still the sting of “being laid off” was present and sticking to my person like dirty honey. 

I also took the time to really look at the businesses I was buying services or products from.  I had gotten in to a habit of convenience and cost.  Some of the businesses were easy to access but had less than adequate customer service.  Others while providing good prices and service were supporting economies outside the United States.  When I moved to this new area of residence I visited three feed stores.  One was convenient, had adequate customer service but did not always have my products in stock.  Another had good customer service but not all my desired products.  Yet another had the products but I always waited at least 15 minutes to have my purchases loaded even when there were no other customers than myself.  Plus they were more expensive.

The area I moved to is not the Dressage Mecca of the Pacific Northwest.  While one excellent trainer exists working with this trainer requires a short jaunt and places me in the same vicinity of some unpleasant clients.  Another trainer lacks the competitive and educational edge I desire.  Still another does not actively pursue any dressage training.  Not many choices in this new environment.

After a couple of months searching for a home with room for my two horses I located what would appear to be more than adequate.  Right next door to an indoor arena, it offered an economical option to boarding and housing for horse and human.  We all recognize nothing is perfect.  In this case the house is a bit hard to heat, lacks sufficient hot water, but has plenty of room and a garage.  The barn has lovely big stalls, is devoid of stall mats, floods during rainy weather, and the paddocks require constant repair.  The biggest drawback has been the neighbors with a propensity for neglecting their own horses which occasionally reside in the large barn with mine and their pair of aggressive growling barking canines.  Not a peaceful environment.

As we grow older we see dreams of our youth fade and disappear.  Disappointments are shrugged away with statements of “it wouldn’t have worked anyway” and the  positions we settle for take on the guise of responsibility.  We ponder in our sleepless hours why some seem to have all the luck while others have none.  And we are puzzled by the lack of loyalty exhibited by friends and family when what we do does not meet their standards.  We feel adrift in a sea of hopelessness and fear.  No paddle to push us to shore.

So this is how I decided to address this situation. 

First, I faced the fact that my loyalty for a company that lays off persons with experience and work ethic was misplaced.  My departure was their loss.  Speaking with past employees made me realize that while none of us are indispensable my former employer would never have matched my loyalty or rewarded my work ethic.  Bluntly speaking they were a small family run business that had passed their time of success.  I left their employ with less after 8 years than an employee who had worked there 9 months.  I was laid off to advance a family member and a friend.  Sad but true.  Some of you are wondering why I would publish statements such as these.  Well I am already receiving poor references from them so how would my statements change that?  It won’t and the positive references I have received from co-workers and professional connections far out weigh the discriminatory opinion of a former employer.  My future employment inquiries will focus on employee satisfaction, benefits, and progressive employer attitude rather than worrying about my past employer with a closed mind.

Secondly, my money is now going to businesses that are local.  Only when need exceeds availability will I buy from a chain store.  If you are a local business with poor customer service, I will find another local business to replacement you.  My money is too valuable to be left waiting at the door for 15  minutes during a time when you are not busy.  I will plan my purchases to accommodate the local business so I feel good about my purchasing power and the businesses I place trust in.

Finally  because both my love of Dressage and my residence go hand in hand, I decided that my selection of living arrangements and hobbies has more to do with my goals and than yours.  It seems foolish not to pursue them.  My friends and family may not agree.  They may laugh and shake their heads in disbelief but I see too many people pass the bonds of this earthly plane with regrets.   I have moved more than once to accommodate family requests and expectations.  I will endeavor to not repeat that mistake.  While I believe we should support our aging parents, stay in contact with siblings and be a stable influence for our children and grandchildren, I intend to take care of myself first and foremost now.  I have been the chief cook and bottle washer, internal banker, chauffeur, psychiatrist, seamstress, laundress, stable help, costume maker, sounding board, and been blamed for every faulty decision known to mankind.  I simply will not do it anymore.  This is my time.  And if I want to live in an apartment above a barn or a ramshackle plantation house with a leaky roof, I intend to do just that.  You don’t have to visit me.  I have learned that family is a word that does not necessarily mean blood ties.  Your family can be found where ever support is offered. 

Many things have changed for me in the last few months.  Changes are difficult and often upsetting.  I have done more crying than laughing.  I want my tears to be tears of joy and success and not tears of disappointment and regret.  Wish me well as my new journey begins.  Just don’t ask me for money because I have cats, horses, and a love for old houses so my pocket book will be empty.  Happy New Year!

Once Upon a Time........

Once upon a time a pair of  paddock boots found a home with an adult amateur rider.  She wore those paddock boots for slightly over 5 years in mud, rain, shine and snow.  The boots faithfully served the rider day in and day out.  Those paddock boots were made by Mountain Horse. 

My daughter gave me those paddock boots years ago.  Those boots are the reason I am writing this article today.  Quite honestly I have never had a pair of boots serve me so well and I have had a lot of boots in my day.  So each month, provided I have a subject to review, I will share my product experiences with you.  Today it is boots!



The boots I received looked much like the ones pictured below.  They were black but the description Dover Saddlery has on their website indicates they are the same boot.  They are priced at $134.99.  I wore them every day for 5 years despite the weather.  That is 1825 days.  Based on the price that Dover Saddlery currently has on these boots I figure those boots cost .0739 cents per day.  Where else can you get that kind of value?  Even after 5 years the boots are still usable and are used for cleaning stalls, as an extra pair, and for general work.  Wash them off and they still look pretty darn good.  Plus my toes have been protected by the steel toe from many a dancing hoof.  I highly recommend this boot for its comfort, long standing durability, tread that does well on snow and ice, and good looks.

Mountain Horse® Peak Protector Paddock Boots with Steel Toes

 

 

Trainer's Value or Not?

So you have a trainer in your barn.  For purposes of this discussion we are not speaking of a barn or in-house trainer.  We are speaking of the independent contractor that has no relationship with the barn owner or manager.  They may rent a block of stalls from you or train some of your boarding clients.  They may haul in horses or clients and pay an arena fee to use your facility. 

The questions I pose today are as follows:  Are they worth having around?  What kind of rights should they have while plying their trade in your facility?  Are they easy to work with or not so much?  The questions could go on and on.  And they do. 

As in other articles I like to provide different scenarios to support the story.  This article will be no different.  Because I am generally the boarder I like to see some kind of control on the trainer using a facility I help pay for.  I don’t wish to deal with egos or arena domination by a trainer; however, with every situation there are two sides to every story. 

So….The trainer rents a block of stalls consistently through out the year.  Many trainers elect to rent stalls on a rough board or self care situation in an effort to control costs and increase profits.  They have a number of stalls, use the facilities, and the cost for the barn owner is limited to utilities and normal upkeep

    Pro’s:  The trainer not only is paying for stalls that might otherwise be empty but they may bring in clients who in turn may bring additional horses for boarding.  They may bring in horses to use the facilities resulting in additional arena fees.  The trainer may hold clinics which generate barn revenue.  They may provide a certain amount of publicity in a difficult to make a profit industry.  The trainer usually uses arena time during the day which is not IMO considered peak time like evenings and weekends.  A good trainer can be a wonderful option for a struggling facility.

    Con’s:  Boarders can be intimidated by the presence of a trainer.  Not all trainers work well with others in the arena and complaints from boarders can ensue.  Sometimes training horses offer an  unsafe environment for boarders.  Trainers can bring in so much traffic that the arena becomes unavailable to the regular boarder.  Some trainers feel the need to “share too freely” their training theory which may or may not be compatible with boarders.  Multiple trainers in a barn can create friction.

Scenario 1:      A small barn with a covered arena.  The barn is maintained by its boarders in a co-op situation.  The stalls are full and the barn has a waiting list of prospects.  The barn members consist of amateur riders and persons providing limited lessons to boarders and their families but are not training or giving lessons for a living.  Trainers are allowed to use the arena after paying an arena fee.  Payment is on the honor system.  There are no controls on the trainers and trainers could dominate arena time.  Boarders may be unable to use the arena as intended.  Parking is limited at the barn. 

Scenario 2:      A large facility has over 40 stalls and two boarders.  There are 40 empty stalls.  A trainer is offered a block of stalls at premium price and despite the high cost of stalls elects to accept the stalls because of the facility’s amenities.  Soon the stalls begin to fill not only with training horses in the self-care stalls but with barn boarders.  Arena use increases with outside riders.  Other trainers start using the facility for lessons, training, and clinics.  The barn owner refuses to decrease the cost of the stalls to the trainer renting a block of stalls training horses in self care stalls cost him money.  He does, however, begin offering discounts to outside trainers. 

Scenario 3:      A  20 stall barn with jump field and outdoor arena does not allow in house trainers or outside riders.  They are ½ full with amateurs and professional riders.  Outside trainers pay a training fee to train boarders only.  No outside riders are allowed in the facility.  The facility is unable to attain full status and trainers become reticent to work with boarders at that facility. 

Three very different scenarios with three very different challenges.

Scenario 1:    In this case the barn does NOT need the income of a visiting trainer.  Stalls fill easily despite the economy and the wear and tear, not to mention mental anguish, from the visiting trainers and clients causes additional upkeep to this barn.  That upkeep sometimes exceeds the income.  The trainers have become authoritative and dictatorial causing issues with boarders.  I am intimately familiar with this situation as my former barn had similar concerns.  There is no value in a trainer for this barn.  In fact, if I were involved with the co-op I would request that outside use by trainers be declined or at least strongly controlled.

Scenario 2:    Trainer value was present in this scenario.  The trainer renting the block of stalls brought in business.  Unfortunately the barn owner felt there was more value in outside persons than the trainer who jump started barn business.  After investigating this scenario I discovered this barn owner had previous issues with trainers and boarders.  Any success at boarding for him was short lived with months of empty stalls.  So in an economy where horses are often considered discretionary income perhaps decreasing the stalls prices for the trainer who brought in the bucks may have kept that trainer in residence.  As I understand it the trainer has selected more economical housing.

Scenario 3:    In this scenario it would appear the barn owner had a reason for restricting traffic.  I did ask and was given a couple of reasons for the closed facility attitude.  The owner had an unpleasant past with a trainer who had been dishonest.  While the owner wanted her barn to be full, she was unwilling to allow trainers access or to open the riding areas to outside riders. 

Without at doubt where ever people are present challenges will exist.  Depending upon controls or parameters having a trainer can increase business and keep existing boarders happy as they do not have to travel to their trainer.  In other cases it can cause unnecessary stress for the boarders that pay your bills.  Personally I like having the option of my trainer coming to my facility but I do want some assurances that trainers including my own follow certain parameters.  Trainers who interfere in the function of a barn they visit are often more trouble then they are worth.  Trainer’s clients who do the same or are inconsiderate of barn members can provide a less than congenial atmosphere.  On the other side of the coin, trainers can be a source of barn income and fun.

So in closing - decide as a barn the parameters you will require the trainer to stay within.  Communicate those parameters to the trainer and revisit parameters at a regular basis.  If the situation does not work, end it before damage is done to your facility.  Your barn provides a trainer with a means to their livelihood.  They should pay for that privilege and act in a courteous fashion.  However, recognize that trainers can have value and reward the courteous trainer for their hard work. 

Buyer and Seller Beware!

Over the years of horse stewardship I have bought and sold horses.  Most of the time without any drama or concern.  In the last 10 years I have noticed an increasing amount of angst and concern over purchases and sales from both buyers and sellers.  Sometimes those concerns take on the costume of fraud.  I say costume because without direct knowledge and facts it is difficult to say who is correct.  Where does the responsibility start and where does it end when it comes to the sale of an equine?  What is full disclosure?  Is there a responsibility for “truth in advertising”?  Is the seller responsible if the equine does not meet the implied or assumed desires of the buyer?  Is the buyer responsible for accurately representing their intentions for the horse?  Or is it simply buyer and seller beware?

Buyer:    As a buyer I want to get the most “bang for my buck”.  I search high and low for a prospect that will meet my needs whether it is in the show/competitive venue or as a trail/pleasure horse.  Based on my needs which I may or may not share with the seller, if this horse does not meet those needs does that make the seller responsible? 

Seller:    As a seller I want to sell my horse for the best price while still assuring the horse will have a good home.  Where does my responsibility end as it pertains to disclosure?  Do I become responsible for the previous owner’s refusal to fully disclose the horse’s condition or training?  What can I do to ascertain that the sale is above board? 

Agent:    As an agent in the sale of an equine, I want to get the best price for my client while maintaining integrity of sale.  Am I responsible for breach of contract if the owner of the horse does not disclose all information?  Where does my responsibility end and the responsibility of the owner take over?

I won’t be providing answers to the questions above.  They were posed as fodder for thought. 

Recently a local case was brought to my attention.  This case while stressful for both parties damaged the seller irrefutably and endangered his family.  This prompted me to re-visit past purchases and sales that I have been involved in or be acquainted with.   Before I give you some examples I want to review some legal jargon that I found on the Internet.  First let me say that without Equine Legal Counsel many of us would be in a world of hurt.  None of the information in this article should be construed as legal advice or a method to avoid paying a good attorney.  If you feel you need legal counsel, you probably do and should seek advice immediately.

I found relatively little information that governs the sale of horses.  In 2008 Kentucky passed a law making it unlawful for an agent to represent both the buyer and seller.  In Kentucky each sale for equines over $10,000 must be accompanied by a written bill of sale that is signed by buyer and seller and include the purchase price.  In 2010 Florida passed a similar dual agency law with the caveat that it is permissible if both parties know and agree to the dual representation in writing.  In California in 2010 passed a law stating that the buyer be provided with a written bill of sale that includes the purchase price and that it be signed by both buyer and seller.  Texas does have the Texas Deceptive Trade Practices Act.  The Thoroughbred Owners and Breeders Association has the Sales Integrity program as well the USHJA has a similar program.  I believe AQHA has a Professional  Horsemen’s Code of Ethics.  I admittedly did not read up on all the programs so please feel free to take up where I left off.  

I  also ran across numerous stories about seller’s hiding a horses faults, buyers misrepresenting their needs, implied and expressed warranties.  I found some accusations on different Internet sources that while wild with allegations did not provide proof of any misconduct or fraud.  Most of those types of articles were written in the heat of the moment and without factual basis.  The author often was not looking for a resolution but rather revenge.  Again those types of articles were on both sides of the fence with a greater majority being on the buyer's side rather than seller's side. 

Here are some examples.  I have first hand knowledge of all of them.  I will note which ones I was intimately involved.  You be the judge.  The facts as I know them are represented in each scenario.
 
1.    Personal Experience.  I purchased a mare for breeding and showing.  Her purchase price at the time was the high end of market.  She had a limited show record but no record as a broodmare.  The mare was a disappointment in the arena as a performance horse but adequate as a halter horse.  The mare was bred three times.  All three times the foals produced had conformational issues which could be corrected with surgery.  The first two breeding were with the same stallion.  The third foal was from a different stallion.  I ended up having the mare spayed and sold her as a pleasure horse.   Six months after my purchase and unbeknownst to me, the breeder quit breeding the sire of this mare, gelded him, and dispersed  all offspring from this stallion.  Was the breeder legally required to notify me of these actions at the time they occurred?  Had this breeder become aware of a much bigger conformation breeding problem?

2.    Acquaintance Experience.  A pony was purchased for my friend’s child.  The pony had a stellar career as a hunter jumper mount.  A vet check was organized, the trainer rode the pony, and the child rode the pony numerous times.  A request for trial was denied but the buyer was allowed two weeks of trial at the owners barn.  Thirty days after the purchase the pony died of congenital heart failure.  The purchaser alleged the trainer and the owner did not disclose the condition. 

3.     Personal Experience.    I leased a 4th level dressage gelding.  He was in extremely poor condition.  I purchased him as a rescue case a month later.  As the price was so low I did not, at that time, have a vet check.  The horse owner put in writing that the horse was a competitive 4th level mount.  I did research on the horse by contacting former owners and trainers and was assured that as of 6 months ago the horse was a competitive 4th level mount.  When I was able to begin riding him a few months after his acquisition it was evident he was not capable of 4th level and might never be again.  A vet check indicated some long standing lameness issues which should have been recognizable by not only the last owner but trainers as well.  So was the previous owner fraudulent in her representation of the horse?  Or was I careless in my purchase?

4.    Acquaintance Experience.  A trainer’s client owned a young mare that was not suitable for the discipline the client was pursuing.  The client had recently changed disciplines and given that her equine expenses had exceeded her husband’s expectations she was ordered to sell or dispense with the mare.   Information provided by the owner indicated the mare kicked in her stall, had been difficult at the previous trainers but did not exhibit pain behaviors.  Accompanying the mare were X-rays of the hocks and coffin bone which supported the stresses of stall kicking.  The trainer purchased the mare for a nominal fee and put her up for sale.  The mare was represented as having the potential for broodmare and had been ridden English and Western.  There was no implication that this horse was suitable for upper level dressage.  The trainer is not a dressage trainer.  The buyer’s dressage trainer came out and looked at the horse.  He and his assistant came back out and rode the horse.  Subsequently, the buyer came out and rode the mare twice.  The buyer made an offer on the mare with the blessing of her trainer.  A vet check ensued with X-rays and the mare passed. The mare went home with her new owner.  Three days later the buyer requested a refund stating the mare was not as represented.  She further stated that information obtained from the original owner/breeder indicated the mare was unsuitable for any use to include breeding and/or riding of any kind.  No documentation was provided to the trainer to support this statement.  So who is responsible?  The trainer for not disclosing information he was unaware of?  The original owner/breeder who failed to provide the information to the trainer? Or was this an insurance issue and was the original owner/breeder the recipient of a settlement for loss of use?  Or is this simply buyer’s remorse?

In each of the 4 scenarios there were two sides to the story.  In all cases except for example 4 the parties involved resolved their  issues either privately or with the other party.  So let’s review the solutions/resolutions.

Example 1:  I chose to spay the mare to avoid any additional offspring with poor conformation.  The breeder ceased breeding the stallion and gelded him.  The offspring were removed from her breeding program.  I do not know if the offspring were bred. 

Example 2:  It is difficult to assign blame in the sudden death of a horse or pony.  In this particular case, the trainer was able to locate a free lease for the child for the following season.  The seller of the pony paid for a vet check and transportation costs for this new ride.  While the purchase price of the dead pony was not returned the seller did make a good faith effort so the child had horse to show.

Example 3.  I felt I had a good case for fraud or at the very least misrepresentation; however, my concern for a misused horse overcame my common sense.  I could not in all good conscious return the horse to the previous owner.  I did not follow the advice I so often give people about buying horses.  My error and probably one I will repeat again if I see a horse in need.  This horse is still with me and has a forever home. 

Example 4.  I listed this one last primarily because it had the most drastic and far reaching outcome.  Had I been the buyer I would have contacted the seller, explained the situation and said I was getting another vet check from a different vet.  I would also have contacted the insurance company.  The option the real buyer took was one that had horrible side effects.  She proceeded to vilify the trainer, verbally and in writing.  She and the original owner/breeder harassed this individual via electronic media and in person.  The results of the harassment and publicity resulted in physical and verbal threats to the trainer and his family from parties who jumped on the “bandwagon” and had no knowledge of the events.  Investigation showed the buyer had two previous purchases which resulted in unsatisfactory outcomes similar to this one.  Investigation showed the original owner/breeder had an insurance policy on the mare.  No one won in this example except perhaps the original owner/breeder.  The trainer is out of business and for the safety of his family has moved.  The buyer is riding the mare as I understand but continues to speak ill of the trainer.  The original owner/breeder may or may not have received an insurance payout.  Interestingly enough, the purchase price of this horse was less than any of the others but ended up having far reaching detrimental impact.

So how can we as buyers and sellers avoid some of these pitfalls? 

For the buyer: 

1.  Ask questions, more questions, and even more questions.  There is no law that says you must buy the horse recommended to you by a trainer, friend, relative, etc. 

2.  Remember that the horse is a living thing and therefore unpredictable. 

3.  Have your trainer ride the horse.  If you do not have a trainer, hire one. 

4.  Get a vet check.  Tell the vet clearly what the horse’s intended job is to be.

5.  Have a back up plan if this horse does not work out. 

6.  If a trial is not possible at your barn, discuss the possibility of one at the owners barn.

7.  Realize that once you have signed the contract, paid the money, and transported the horse home your options are limited.  If  you made a mistake, deal with it.  Trashing the reputation of the other party only makes you look bad.

For the trainer/seller:

1.  If you are the agent/trainer obtain in writing from the owner of the horse any issues that require disclosure.  If a set of X-rays are present ask for them.  If  the owner of the horse seems reticent to provide information then perhaps they should find another agent. 

2.  If you are the owner, clearly state any pre-existing issues that the horse has in the beginning.  Providing potential buyers with a statement might be an option.  Seek legal counsel if in doubt.

3.  Make sure the horse and rider are compatible.  All too often I hear that a horse was purchased for a child and the child was over horsed.  Either the parent or child exaggerated their riding abilities or in the heat of the sale the seller thought the partnership would work.

4.  Encourage the buyer to obtain the advice of another qualified party.  

5.  Consider the use of an equine escrow service.  All to often I have rushed to the bank to cash a check for a horse I have sold only to find the money is not in the account.  I have also had buyers with a case of remorse take the horse home and immediately stop payment on the check without so much as a phone call.  While this has not happened often, it has happened.

6.  Have your attorney draft your sales contract.

7.  If in doubt don’t sell.  If the buyer has had questionable purchases in the past, there is no reason to believe your sale won’t head in the same direction. 

There will always be questionable equine sales and purchases.  There will always be a trainer/agent/seller who represents a horse inaccurately.  There will always be a buyer who wants a Grand Prix horse for the price of a Training Level mount or exaggerates their ability.  There will always be insurance scams and doping scandals.  Despite all the negatives discussed in this article, I still enjoy the hunt for my next horse or the thrill of matching the right horse to rider.  Buying and selling horses can be made less stressful provided care is taken.  My parting advice is “Buyer and Seller Beware!”

Good morning and welcome back to The Neigh-borly News and Editorial.  I know that I promised weekly rants if not daily ones but as we all know time gets away from us.  A lot of changes have occurred that put this blog on the back burner.  Some will be the seed for future rants and trust me, they will be good. 

So to complete the first blog about selecting a trainer, I want to share the results of a survey I did on Survey Monkey.  Great tool BTW.  Since it has been a while here are the questions I asked you. 

1.  What qualifications do you look for in a trainer?  Knowledge?  Experience?  References?

 

2.  Does the origin of birth make a difference in your selection?

 

3.  Two trainers of equal knowledge, experience and ability.  One is from another country.  The other is from the US.  How would you choose?

4. What is the average price you would pay for a lesson or clinic from someone you were not familiar with?  $20 to $30?  $31 to $40?  $50 to $60?  more than $60?

The answers were fairly consistent.  Most of you used a combination of knowledge, experience and references to make your selection.  90 percent of you said that the origin of birth did not make a difference in your selection.  If two trainers were of equal knowledge, experience and ability 85% of you said that communication would be the determining factor not the origin of birth.  And finally the majority felt that they would pay $50 to $60 for a clinic with someone they were not familiar with. I did receive a number of comments that said they did find a unique accent or different outlook on training theory to be appealing.  They admitted to attending a clinic based on curiosity.  So what does this tell the trainer struggling to make a living?  Maybe adding a twist to their advertising?  Maybe polish up on their communication style?  I leave that to you, the trainer.  I thank everyone for participating in the survey.  So my next blog was to be about the value of the trainer beyond training but I am going to jump ahead to a subject that I have seen affect so many people, trainers included.  So next on the list of rants is "Buyer and Seller Beware!"  See you soon!

American Made VS Foreign Import

So based on the title you probably think I am going to comment on cars.  Not so, my friend!  This is an equine blog so unless I branch out on a tangent I will be commenting on equine related issues only.  Today's rant, and the first of this blog, has to do with how we select our trainers or clinicians.  What criteria do we use, if any?  Does the nationality, accent, appearance, etc. make a difference in our selection?  How do we justify selecting a Foreign Import trainer from an American Made trainer when politically we focus on buying American made? This is an editorial and as such I will probably ruffle a few feathers but in the process I hope I will glean some answers from you, the reader.  I am not asking you to change trainers or clinicians.  I am asking you to re-visit how and why you select a specific trainer or clinician.

Recently a friend and I were discussing the popularity of a clinician in our area that has an accent.  So before every Clinton Anderson fan and immigration junkie starts to accuse me of discrimination, please understand noting that this clinician has an accent is only by way of identifying him from other trainers and clinicians in the area.  Personally I have used the services of trainers/clinicians with accents and without.  No bias was present at the time. My only consideration was their ability to provide me with information.

I freely admit I did not pay to attend the clinic; however, I did watch bits and pieces.  Those bits and pieces were more than enough to form my opinion.  My friend, on the other hand, had attended one of his clinics and was left wanting.  Wanting not for more but for another trainer/clinician.  Both of us agreed that in our opinion he was not the most qualified choice in the area.  He did not have a substantial competitive career.  The horses he had trained were not actively competing in their discipline or if they were did not appear in the top 5 of their class.  His years as a trainer/clinician were limited and his list of references were equally limited. His formalized training was non-existent.  There were at least two local trainers that exceeded this clinician's experience, knowledge, competitive record, and from watching them ride, were far better at exhibiting their craft.  Both local trainers were available for clinics and both had training and lessons spots available.  One of the local trainers was fairly new to the area but did indeed fall into the "American Made" category.  The other local trainer had lived in the area for 20 plus years.  Both local trainers had excellent references and good reputations. 

So what made the Foreign Import the flavor of the month or months, as it were?  Before I pass on the information I was provided with I will share with you how I select a trainer or clinician.

First, does the trainer or clinician have verifiable experience, knowledge, and ability?  In other words, this is not a 21 year old person who claims to have trained for 15 years.  I will save that rant for another day.  Not that I have anything against a 21 year old trainer but lets be brutally honest - how did you start training at the age of 6?

Secondly, does the trainer or clinician focus on my goals or is their agenda first and foremost in their mind?  Again I have used trainers and clinicians that actively compete but when they are working with me they should be focused on me, my goals and my horse.

Thirdly, does this trainer or clinician provide good value for my hard earned dollar?  So if you as the trainer or clinician are late for my session or spend more time on your cell phone than working with me it is doubtful our relationship will continue because my dollar value from you is limited.

Now back to why this clinician is currently packing them in when (again in my opinion) he is not the most qualified choice in town.  I asked several participants what was the appeal.  Some of the responses are noted below.

"I just love his little accent!"

"I think he is cute."

"He must be good because he came from Blah Blah Blah (country of origin)."

"The other choices are the old guy that has been here forever and some new guy that isn't from around here."

"My friend said he was good.  And no, she didn't provide me with any references."

Okay so there were more but they mostly followed the trend as noted above. 

So let's review - he is a good trainer because he is cute and has an accent; he is a good trainer because he came from another country; he is a good trainer because you don't want to use the old guy and someone who isn't around here.

Well guess what, Folks?  His accent and cuteness have nothing to do with his ability.  Coming from another country does not guarantee success.  And the old guy - well, he has a lot of experience and knowledge.  The guy who isn't from around here has a great competitive record that is verifiable along with his references.  Besides your cute, accent speaking guy isn't from around here either. 

So now that I have ruffled your feathers and ruined your Sunday morning coffee, how do you select a trainer or clinician?  Does the accent and origin of birth matter to you?  Are you concerned with verifiable information and do you check it out? 

Since this is a new forum I won't guarantee daily rants but I will promise weekly ones.  I will happily share your comments on the subjects but will not share your email addresses or names.  Happy riding!