If a lawsuit arises, the presumption that the farm was at fault can be overcome by evidence that, more likely than not, the farm exercised ordinary care. There is no required wording for an exculpatory clause. The parties should agree that so long as the contract is in force, the owner of the horse assumes all risk of loss for the animal. The owner also should agree to hold the farm harmless for any and all injuries to the horse. Depending on the state in which your farm is located, such exculpatory clauses might, or might not, be strictly enforceable.
Exculpatory clauses can be valuable nevertheless.
Your liability insurance carrier might require such a clause as a prerequisite for coverage, and the fact that a boarder has agreed to a waiver of liability might discourage a lawsuit. Horses have a peculiar affinity for getting sick or hurt, and, paradoxically, emergencies can become almost routine. One of the most important clauses in a boarding contract deals with authorization for emergency veterinary care. The farm owner should attempt to contact the horse's owner before authorizing major veterinary procedures, but if the owner is out of reach, the contract should give the farm authority both to contact a veterinarian on the owner's behalf and to authorize appropriate veterinary care. If the boarder wishes to use a veterinarian other than one routinely employed by the farm, that veterinarian should be identified in the contract, and contact numbers should be provided by the boarder.