Jessica E Johnson, PLLC - "The Equine Esquire"

05/20/2026

Defining Boarding Services
(Part 2 of 4)

In the first installment, I discussed the importance in boarding for good screening and a thorough intake process. In this installment, I want to talk about the importance of well defined boarding services. If everyone is on the same page from the beginning, boarding operations are generally much smoother.

A comprehensive boarding agreement helps create informed parties from the beginning. Details matter! What services are included, available for an additional fee, not provided but the boarder can do it, or prohibited? Before the boarding agreement is signed is an opportunity to discuss specific terms or concerns. This can go a long way to avoid legal disputes altogether. ent? How long has it been since you updated your boarding agreement or even looked at it?

A comprehensive boarding agreement helps create informed parties from the beginning. Details matters! What services are included, available for an additional fee, not provided but the boarder can do it, or prohibited? Before the boarding agreement is signed is an opportunity to discuss specific terms or concerns. This can go a long way to avoid legal disputes altogether.

A comprehensive boarding agreement can also help resolve simple, day-to-day concerns. A poorly drafted boarding agreement often glosses over what services the stable is promising to provide and what the boarder is responsible for providing or doing. A more detailed boarding agreement may resolve simple misunderstandings. For example, whether a horse is supposed to get full day or partial day turnout, where the horse is turned out, fees, whether the stable grains 1x/daily or 2x/daily, stable discretion to change assigned stalls or paddocks, etc.

Now may be a good time to make some updates to your Washington boarding agreement so that your contract aligns with the services you provide and your boarder expectations. Please reach out if you would like some help from an experienced equine attorney licensed in Washington!

05/09/2026

(Part 1 of 4) Horse Boarding

This month, I’m going to talk about boarding agreements, one of my favorite subjects. This discussion is geared a bit more toward facility owners who offer boarding services. First, screening potential boarders and intake.

Screening: Thorough screening on the front end is so important and can avoid many disputes altogether. It’s your first also an opportunity to filter bad boarders—boarders who like won’t pay, are toxic to the barn community, own the unruly horse, and simply will not be a good fit. Boarders are happy and stables run the smoothest when what the stable has to offer is a good fit for the individual boarder. Is the potential boarder a good fit for your stable? Trust your gut, it’s rarely wrong.

Intake: Equally important to preliminary screening is the actual intake process. Having a consistent intake process ensures all potential boarders go through the same process, receive the same information, and sign the same documents. It mitigates risk overall and creates equally informed boarders. Intake begins with the preliminary information you document about each potential boarder. Boarding terms and conditions, including specific understandings, should all be documented in a comprehensive boarding agreement. Every boarder should sign a boarding agreement before services are rendered. Everyone who comes on the property should sign a liability release. And you should have processes in place to ensure the intake process is completed with everyone and nothing is missed. The single missed signature could be a big deal in the future.

Thorough, conscientious intake processes and a detailed boarding agreement lay the foundation for a lasting boarding relationship. Expectations are established from the beginning. It can also mitigate or avoid many disputes long-term.

In Part 2, I’ll discuss the importance of defining services in boarding agreements.

04/30/2026

Another wonderful National Equine Law Conference in the beautiful Lexington, KY. This is a 2 day conference and we always go out to dinner after the first day (pictures). This was the conference’s 40th year!

04/30/2026

(Part 3 of 3) - Leases & Licenses

Leasing use of someone’s land triggers considerations for all parties. Here are a few important considerations:
1. Is normal wear and tear included or excluded? Is normal wear and tear anticipated by the parties or is the property supposed to be returned in the same condition?
2. Define what is general maintenance and repairs versus a major repair. Often category types (e.g. structural) and monetary caps (e.g. anything over $5,000 is a major repair) are used to distinguish maintenance from a major repair. Also, who is responsible for ordinary maintenance and repairs versus major repairs? The lessor wants the lessee to be responsible since they’re using the property, while the lessee doesn’t want to be on the hook for too much and pay to improve someone else’s property. Striking a fair balance can be difficult but important. This is where most disputes arise.
3. Walk-through inspection. Documenting the condition of the property at the time the agreement commences is important and avoids questions about the condition of something later compared to when the lease commenced.
4. Term & renewal – What is the agreement term--month-to-month, or a fixed term? If a fixed term, does it convert to month-to-month or terminate after the initial fixed term completes? Do renewals need to be memorialized with a new lease agreement? Is there a renewal deadline? Some agreements must be renewed by a certain date or the agreement terminates. These are details that can be negotiated for and should be understood by the parties.
5. Termination – How much notice is needed and under what circumstances may a party terminate the agreement? In some instances, either party may terminate the agreement at any time so long as sufficient notice is provided. Some agreements may only be terminated for cause without early termination consequences.
Ultimately, in real property leases and licenses, both parties assume a fair amount of risk. There needs to be thorough conversations upfront about who is responsible for what, and other details important to the parties.

I can help clients navigate this process. Contact me today and let’s chat!

04/29/2026

Why do Leases and Licenses Matter?
(Part 2 of 3)

In the first installment, I introduced the basic difference between a property lease and property license. In this installment, I want to discuss why leases and licenses are an important risk mitigation tool.

Assets used to operate a business are generally deemed business assets. That means when the owner/operator of an equine business operates on land also owned by the owner in their individual capacity, the property may be treated as a business asset. Yet protecting the property is likely a big reason the LLC was formed in the first place. To avoid classification as a business asset, an LLC Property Lease can be used to confirm that the LLC is merely leasing use of the property.

When a business is operating on land owned by another, whether as a lessee or licensee, a detailed agreement is critical to define who is responsible for what and to what extent. This includes daily responsibilities, maintenance, and major repairs. A well drafted lease or license agreement should clearly define what is general maintenance versus a major repair, who is responsible for what, and the extent of that responsibility. For example, if a trainer is using a covered arena, is the trainer solely responsible for daily arena grooming including dragging and watering? What if additional footing needs to be added to maintain the ground? What if the roof starts leaking? Or the roof needs structural repairs? Versus a client horse that damages the arena wall.

Wading through questions like this after a dispute arises will likely be adversarial and expensive. However, a comprehensive contract may make it easier for the parties to resolve a dispute, possibly avoiding a lawsuit altogether. Plus, parties are also better positioned to obtain sufficient insurance to mitigate potential losses during a worse-case scenario.

04/23/2026

Update: The horse was apparently found overnight! Photo in the comments.

UPDATE WE'VE ALL BEEN WAITING FOR, Loose Horse Finale has been FOUND as of 1am 4/23/2026.

He is safe!
A huge thank you to all who generously gave their time prayers and kindness to search for Finale. Thank you to Officer Astorga with the Pierce County Sheriff’s Office for hearing the report and deciding to drive by tonight and holding him until we got there.

☆☆☆☆☆☆☆☆☆☆

UPDATE 4/22/26 11:30PM:
MISSING/LOST HORSE PACKFOREST

Search party just got home for the night and the pinto gelding (Finale) last seen over 30 hours ago is STILL MISSING as of 11:04pm.

He is a 15.2hh saddlebred dark bay pinto gelding

If you can’t come;
PLEASE REPOST AND SHARE THIS POST.

Share it to your timeline, our local fb groups, your friends, family, & uncle.

The show-out was EPIC but we still need your help!

I will be @ packforest with 3 horses by 8:30 tomorrow and I’ll be there until they all tell me they are done. Please come, bring your ideas, your positivity, and your riding pants.

HIGHLY SUGGEST SHOES OR HOOF BOOTS FOR ALL HORSES. Terrain is rough and unforgiving on barefoot horses. (Yes, even my mustang)

Call Sophia @ 2532627790 or pm her and she can get you in the group chat or in contact with the owner of the horse (Isabella Gibbons)

HUGE shoutout to everyone who shared the post and/or joined in on the search today.

THANK YOU for all of the support! ~Isabella & Finale

04/17/2026

Let's talk about real property leases and licence agreements!

(Part 1 of 3)

This month’s topic is about real property leases and licenses in Washington. Let’s start by defining a few basic terms. A lessor/licensor is the person who owns the property and is permitting use of the property, and the lessee/licensee is the person contracting to use the property.

The key distinction between a lease and a license is whether the property owner is granting exclusive possession of the whole property (a lease), or a portion of the property (a license). The property owner generally retains more ongoing control of the property under a license.

Let’s discuss a few examples. When an owner of a registered business (e.g. LLC) operates on land owned in their own individual capacity, the LLC may lease use of the real property from themselves. In the next installment, I’ll talk about why this is an important risk mitigation tool to protect personal assets.

Granting permission to operate on someone else’s land could be a lease or license. If a person/business is contracting for full, exclusive use of a facility, the arrangement is generally a lease. However, if the person/business contracting for use will be sharing the facility with the owner or others, or only has the right to use a portion of the facility, the arrangement is generally a license. Often, these are arrangements with a trainer who will operate their training program at the facility.

Part 2, I’ll discuss why leases and licenses are an important risk mitigation tool.

03/31/2026

(Part 4 of 4)

In the final March installment on LLC formation, I want to talk about what “limited liability” means and what it does not mean.

Limited liability means the members (i.e. owners) are not personally responsible for the company’s debts, financial obligations, or lawsuits. If an LLC is sued, only LLC business assets are at risk, and personal assets are protected.

However, limited liability is not absolute. Personal assets may still be at risk if a member personally guarantees a loan for the business, acts fraudulently, or fails to act like an LLC or keep business assets separate from personal finances (“piercing the corporate veil” discussed last week).

A member may also be personally responsible for injuries or damages if they personally commit the negligent act (tortfeasor exception) or fail to supervise it. Negligence is the failure to exercise the reasonable care that a reasonably prudent person would exercise under the same circumstances.

Therefore, mitigating equine and canine related risk is not complete simply by forming an LLC. It also includes everything you do each day to ensure the safety of equines and people. For example, safety protocols, participant selection, vetting participant experience, checking tack and equipment, facility safety and inspections, emergency planning, biosecurity, staff training, and more. Comprehensive contracts and insurance are also critical.

I love helping equine and canine related businesses in Washington mitigate risk. Contact me today and let’s chat!

03/24/2026

(Part 3 of 4)

Once a limited liability company (“LLC”) is formed, it is important to act like an LLC in order to maintain your limited liability status. Let’s talk about a few important items:

Every year, you are required to file an annual report with the Washington Secretary of State (where the LLC’s Certificate of Formation and Initial Report were filed). This is a straightforward report that confirms basic LLC information such as the principal address and contact information for the LLC, the registered agent designation, and governors (i.e. LLC members). The failure to file this report will result in an administrative dissolution. This is a common mistake I see, and often the business owner has no idea their LLC is no longer active.

Maintaining good accounting and business records is also very important. This includes things like daily and monthly accounting, and monthly profit and loss statements. Depending on the nature of your business, you may also owe Washington business and occupation tax (B&O tax).

It’s also important to keep personal assets and money separate from business assets and money. Protecting your valuable personal assets was likely a reason the LLC was formed in the first place! But using personal assets to operate may convert them to business assets. Therefore, maintaining the separation between business and personal is very important. This may further require additional contracts—for example, if you operate your business out of your own stable, a property lease between the LLC and individual property owners.

Why is all of this so important? If you’re sued and didn’t do these things (or other corporate formalities), you could be vulnerable to veil piercing. Piercing the corporate veil means the entity’s limited liability protection is disregarded and the members are personally liable. These consequences can be huge for equine businesses and professionals.

In part 4, I’ll discuss what “limited liability” means and its limitations.

03/19/2026

(Part 2 of 4)

For small businesses or professionals, it may be hard to decide whether to operate as a sole proprietorship or form a limited liability company (“LLC”) to gain limited liability protection.

Relevant factors often depend on the individual business or professional. For many, anticipated business volume is a large factor. When the scope and volume of work increase, so does the value of forming an LLC.

The scope of activities and the inherently dangerous nature of those activities are also relevant. An LLC may be a good idea if you will offer riskier services (e.g. provide the horses or tack for lessons).

Use of employees and protecting valuable assets used to operate the business (e.g. your nest-egg equine property) are also reasons to form an LLC. And, of course, everyone has their own risk tolerance, which can also be a factor.

To illustrate this, consider Jane Doe, who has an 8-stall barn but only 2 horses. The property also has an arena and plenty of pasture space. Jane Doe wants to offset some costs by boarding a few horses. They’re people she knows well and a profit is not expected. Jane Doe may feel comfortable with good contracts and insurance without forming an LLC.

However, forming an LLC is probably a good idea if Jane Doe decides to grow an equine boarding business, fill the open stalls in the main barn, and build another barn to accommodate more boarding horses. And if Jane Doe also intends to start advertising her boarding services to more horses, hire employees to assist with day-to-day care, let outside trainers come in, and/or host some clinics or events.

Mitigating risk doesn’t stop at correctly forming an LLC. It also means acting like an LLC and ensuring your business remains in good standing. This includes prioritizing mundane but very important business management tasks, accounting, and the retention of records. It also means having comprehensive contracts and insurance, especially in the absence of an LLC. I’ll talk about these items when I continue this business formation discussion in part 3.