Terms and conditions
This is a copy of the training agreement. A hardcopy will be signed by the owner and HorseAndCo before any work with a horse is undertaken.
WITNESS THIS AGREEMENT this ______ day of __________, 20____, by and between HorseAndCo, and _________________________, hereinafter referred to as “Owner,” and if Owner is a minor, Owner's parent or guardian. HorseAndCo agrees to accept Owner's horse _________________, for training, and it is the plan and intention of the Owner to place this horse into training. It is understood and agreed that the events or purpose for which the horse as above-described is accepted for training are as follows:
1. Fees, Term, and Location. Owner shall pay the HorseAndCo for professional services as described below, the fees in accordance with the HorseAndCo website (www.horseandco.co.nz). All fees for training and other incidental services are due on invoice, prior to work starting. Changes in monthly rates or other charges are subject to alteration upon thirty (30) days notice to Owner. All expenses incurred for veterinarians, shoeing, or other out-of-pocket cost shall be billed after the incurrence thereof upon the next billing by HorseAndCo.
2. Payment of Invoices. Invoices are payable upon receipt. Upon completion of this agreement, the remainder of any and all expenses shall be due and payable immediately.
3. Veterinarian, Shoeing, and Related Services. HorseAndCo assumes responsibility for arranging veterinarian and farrier services as necessary. HorseAndCo will use a veterinarian and farrier of their choice to provide ordinary and necessary care unless Owner has requested Owner's veterinarian and farrier be used. However, if they are unavailable, HorseAndCo will engage their choice. All veterinarian, farrier, and medicine expenses shall be paid by Owner, as further described herein. Owner agrees to provide HorseAndCo with all health records with regard to the horse(s). Owner agrees to have the horse(s) wormed and vaccinated on a regular schedule, and in the event same is not accomplished and proof of same presented to HorseAndCo within (30) days from the date of such services or veterinary treatment, HorseAndCo is authorised to arrange for such treatment, but not obligated to do so; such expense for same shall be the obligation of Owner, and upon presentation by HorseAndCo of the bill for such services rendered, including service charges, such bill shall be paid within fifteen (15) days from the date the bill is submitted to the Owner. HorseAndCo reserves the right to refuse any horse upon the premises if same does not appear too HorseAndCo to be in good health, or is deemed dangerous or undesirable.
4. Training of Horse. HorseAndCo shall train horse and perform all services in accordance with generally accepted professional standards. HorseAndCo cannot and does not guarantee the effect of the training program or that any particular results will be achieved, since this depends a great deal on the individual physical and mental ability of each horse. HorseAndCo shall furnish all labour, provide suitable facilities and care for horse in an adequate manner with feed being determined by the HorseAndCo. HorseAndCo has complete control over the manner of training and shall take all precautions for the proper performance thereof. Owner shall submit a fully completed Horse Information Sheet for each horse on the premises belonging to Owner within forty-eight (48) hours of delivery. This Information Sheet may include but is not limited to listing of vices, bad habits, medical conditions, personality, and physical conditions of the horse and how well the horse gets along with others.
5. Death of Horse. It is hereby agreed that in the event of the death of the horse, sale of the horse, or if the horse becomes unfit to train, HorseAndCo has the option of accepting another horse, in accordance with this condition set forth herein within seven (7) days; or, in the alternative, terminating this agreement upon payment of all expenses and fees.
6. Feed, Facilities, and Services. HorseAndCo agrees to provide adequate feed and facilities for normal and reasonable care required to maintain the health and well-being of the animals in training. Owner acknowledges Owner has inspected the facilities and finds same in safe and acceptable order.
7. Risk of Loss and Standard of Care. During the time that the horse(s) is/are in custody of HorseAndCo, HorseAndCo shall not be liable for any sickness, disease, theft, death, or injury which may be suffered by the horse(s) or any other cause of action whatsoever, arising out of or being connected in any way with the boarding of said horse(s), except in the event of negligence on the part of HorseAndCo, it's agents, and/or employees. This includes, but is not limited too, any personal injury or disability the horse Owner, or Owner's guest, may receive on HorseAndCo premises.
The Owner fully understands that HorseAndCo does not carry any insurance on any horses not owned by HorseAndCo for boarding or for any other purposes, whether public liability, accidental injury, theft, or equine mortality insurance and that all risks connected with boarding or for any other reason for which the horse(s) in the possession of, and on the premises of HorseAndCo are to be borne by the Owner. The standard of care applicable to HorseAndCo is that of ordinary care of a prudent horse owner and not as a compensated bailee. In no event shall HorseAndCo be held liable to Owner for equine death or injury. Owner agrees to obtain equine insurance for any animals, at Owner's expense, or forego any claim for any amount. Owner agrees to disclose this entire agreement to Owner's insurance company and provide HorseAndCo with the company's name, address, and policy number. Failure to disclose insurance information shall be at the Owner's risk.
8. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as running, bucking, biting, kicking, shying, stumbling, rearing, falling, or stepping on, that may result in an injury, harm, or death to persons on or around them; the unpredictability of an equines reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; certain hazards such as surface and subsurface conditions, collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participants ability. Owner expressly releases HorseAndCo from any and all claims for personal injury or property damage, even if caused by negligence by HorseAndCo or its representatives, agents, or employees.
9. Hold Harmless. Owner agrees to hold HorseAndCo harmless from any and all claims arising from damage or injury caused by said horse(s) to anyone, and defend HorseAndCo from any such claims. Owner agrees to disclose any and all hazardous or dangerous propensities of horse(s) boarded with HorseAndCo. HorseAndCo reserves the right to notify owner within seven (7) days of the horse's arrival if said horse, in HorseAndCo’s opinion, is dangerous, untrainable, unhealthy, handicapped, or otherwise unfit for training. Upon such notification, Owner shall remove said horse within seven (7) days, and all expenses incurred for the horse's stay shall be paid prior to departure. Upon payment of all fees, this contract shall be deemed terminated.
10. Emergency Care. HorseAndCo agrees to attempt to contact Owner should HorseAndCo determine veterinary treatment is needed for said horse(s), but, if HorseAndCo is unable to contact Owner, HorseAndCo is then authorised to secure emergency veterinary, and farrier care required for the health and well-being of said horse(s). All costs of such care secured shall be paid by Owner within fifteen (15) days from the date Owner receives notice thereof, or HorseAndCo is authorised, as Owner's agent, to arrange direct billing to Owner.
HorseAndCo shall assume that Owner desires surgical care if recommended by a veterinarian in the event of colic, or other life-threatening illnesses, unless HorseAndCo is instructed herein by Owner or on Owner's Information Sheets, that the horse(s) is/are not surgical candidates. Owner agrees to notify HorseAndCo of any and all changes of address, emergency telephone numbers, itineraries, or other information reasonably necessary to contact Owner in the event of an emergency. In the event Owner departs for vacation or is otherwise unavailable, prior to departure Owner shall notify HorseAndCo as to what party is authorised to make decisions in the Owner's place with regard to the health, well-being, and/or medical treatment of the horse(s).
11. Limitations of Actions. Any action or claim brought by Owner against HorseAndCo for breach of this contract or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.
12. Changes or Termination of This Agreement. It is agreed by the parties that this agreement may be changed or terminated by HorseAndCo upon thirty (30) days notice, regardless of the rental or training period. All notices must be issued in writing unless otherwise agreed upon by the parties. The posting of updated rate schedules in a conspicuous or open place in HorseAndCo’s office shall constitute notice of any and all rate changes or regulation changes as may be deemed appropriate by HorseAndCo.
13. Rules and Regulations. The Owner agrees to abide by all the rules and regulations of the HorseAndCo. In the event someone other than the owner shall call for the horse(s), such person shall have written authority signed by the Owner to obtain said horse(s).
14. Right of Lien. The Owner is given notice that the HorseAndCo has a right of lien as set forth in the laws of New Zealand, for the amount due for the board and keep of such horse(s), and also for storage and services, and shall have the right, without process of law, to retain said horse(s) and other property until the amount of said indebtedness is discharged. However, HorseAndCo will not be obligated to retain and/or maintain the horse(s) in question in the event amount of the bill exceeds the anticipated unregistered value of the horse(s). In the event HorseAndCo exercises HorseAndCo’s lien rights as above described for non-payment, this agreement shall constitute a Bill of Sale and authorization to process transfer applications from any breed registration as may be applicable to said horse(s) upon affidavit by HorseAndCo’s representatives setting forth the material facts of the default and foreclosure as well as HorseAndCo’s compliance with foreclosure procedures as required by law. In the event collection of this account is turned over to an attorney, Owner agrees to pay all attorneys' fees, costs, and other related expenses for which a minimum charge of $1,000.00 will be assessed.
15. Property in Storage on HorseAndCo’s Premises. Owner may store certain tack and equipment on the premises of Trainer at no additional charge to Owner, however, HorseAndCo shall not be responsible for the theft, loss, damage, or disappearance of any tack or equipment or other property stored at the facility as same is stored at the Owner's risk. HorseAndCo shall not be liable for the theft, loss, damage, or disappearance of any tack or equipment taken to horse shows or clinics.
16. Entire Agreement. This contract represents the entire agreement between the parties. No other agreements, promises, or representations, verbal or implied, are included herein unless specifically stated in this written agreement. This contract is made and entered into within New Zealand, and shall be enforced and interpreted in accordance with the laws within New Zealand.
17. Enforceability of Contract and Severability. In the event one or more parts of this contract are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect.
SIGNER STATEMENT OF AWARENESS
I/WE THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, ASSUMPTION OF RISK, AND RELEASE AGREEMENT. I/WE FURTHER ATTEST THAT ALL STATED FACTS ARE TRUE AND ACCURATE.
SIGNATURE OF OWNER #1:
SIGNATURE OF OWNER #2:
SIGNATURE OF TRAINER:
Please list name, address, and phone numbers of Veterinarian, Farrier, and other important people you would like me to contact for non-emergency visits.
Tack and equipment inventory that is stored on the premises of Trainer
HORSE INFORMATION SHEET
Barn Name of Horse:
Disclose Horse's Vices, Unique Habits, Etc.
Type of Training Desired: