Long Distance Relationships: Coaching Equestrians Remotely

By Laura D'Angelo, Partner, Jones Walker LLP

Remote lessons and training are an increasingly practical, convenient and cost effective way to deliver instruction in the equine industry. Trainers now regularly coach riders by live video (where the trainer is in a different physical location from the horse and rider) or by reviewing pre-recorded footage and offering detailed feedback. While remote instruction gained popularity during the pandemic, with technological advancements its use and functionality continue to grow.  Remote coaching can expand rider access to qualified instruction by their regular trainer or to clinics and training with elite riders not available day to day. Remote coaching reduces travel time and expense for trainer, horse and rider, and connects geographically remote riders to quality instruction. Additionally, many trainers travel to Florida or California in the winter season and remote lessons can help them stay in touch with clients who are unable to travel due to cost, work and/or family commitments. 

Convenience must be balanced with risk. From a legal standpoint, remote instruction involves professional advice about an activity that is inherently dangerous, and that creates potential additional liability considerations for the trainer who is not physically present at the same location as the horse and rider.

When a trainer gives instruction remotely, the trainer is exercising judgment that affects the safety of the rider and the horse. If a rider is injured, the horse is harmed, or property is damaged, someone may later argue that the instruction was unsafe, incomplete, or inappropriate for the horse, the rider’s experience level, or the setting. Unlike an in-person lesson, the trainer may not be able to physically intervene, correct a problem in real time, or fully assess conditions such as footing, tack, fencing, weather, or whether a competent adult is present unless the trainer conducts due diligence in advance of the lesson.

One of the main legal concerns is a negligence claim. A claim may arise if the trainer recommends exercises that are too advanced, fails to ask about the horse’s history or soundness, overlooks obvious hazards (environment, weather, footing, tack, etc.) or does not set and insist on clear safety rules before the lesson begins. Remote instruction can make it harder to show that reasonable care was taken, especially if the lesson depends on the rider, a parent, barn staff, or another person at the horse and rider’s location to carry out instructions safely or to supervise the horse and rider in person.  Trainers must exercise reasonable care to assess the situation prior to beginning a remote lesson. 

Insurance is another factor that should not be overlooked. Not every equine liability policy or professional liability policy automatically covers virtual or remote coaching. Some policies may cover in-person lessons but exclude advice given through livestreams, video review, text messages, or recorded consultations. Before offering this service, a trainer should confirm in writing with their insurance provider that the trainer and their business are covered for remote instruction and should make sure the policy language matches the actual services being provided.

Equine Activity Acts and a liability waiver are helpful, but it is not a complete defense.  48 states (not California or Maryland) have adopted some version of an equine activity act which provides some protection for professionals as long as the statutory language is complied with.  These Acts vary across states so reading the language of the Act in both the state the trainer is physically present in and the state where the rider is located is important.  Which state’s law applies?  A good rule of thumb is to be compliant with both state’s Acts if possible and to chose one state to identify in your contracts as the state of governing law.  

A properly drafted release can strengthen a trainer’s position by showing that the participant understood, accepted and waived the risks of equine activities, and should include a specific remote instruction provision.  A generic form from the internet or a friend is not enough. The waiver should be drafted by a lawyer, tailored to the business, the applicable state law and the remote format, and it should clearly explain that the participant assumes the risks involved in receiving remote instructional advice.  The waiver is a good place to drop in a paragraph assigning responsibility to the rider for ensuring certain safety measures are in place at the physical facility where the riding will take place.

From a risk-management perspective, remote lessons work best when they are treated as a formal service with written rules. The trainer should define who is responsible for safety at the horse’s location, whether a parent or other adult must be present, what equipment is required, and conduct a full assessment of the horse and rider and surroundings if not a regular or previous client. The trainer should also limit remote instruction for beginners, children, or riders on young or green horses unless appropriate supervision is in place at the physical location of the horse and rider. Clear intake forms, written policies, and lesson expectations can help demonstrate that the trainer acted reasonably.

Remote training can be a very valuable tool for horse and rider, but it should be offered thoughtfully and after careful planning. Utilize a comprehensive approach including compliance with the applicable Equine Activity Acts, a well drafted release and waiver agreement and specific insurance coverage.  Define the scope of instruction, require reasonable safety conditions and oversight at the location of the rider, and avoid providing advice when the rider, horse, or environment is not suitable for remote coaching. Done correctly, remote instruction can be very valuable for rider and horse development, providing convenience and accessibility.  Happy Riding!