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WITNESS THIS AGREEMENT
this _____ day of ________________, in the year ______, by and between
____________________________, hereinafter referred to as "Trainer" and
__________________________, Hereinafter referred to as "Owner.
Trainer agrees to
accept Owner’s horse ________________________________________, Reg. #
__________________ 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:
Horse to be trained
under saddle (including ground work as needed) in_________________________
________________________________________________________________________________________
as discussed and
agreed to with owner. Trainer agrees to work with owner's horse for
___________hourly lessons per week or some reasonable variation thereof.
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FEES, TERM, AND LOCATION:
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Owner shall pay
the Trainer for professional services and board as described below, the
fee of
____________per
month, for training and board, for a minimum of __________
month(s).
When training
involves the use of cattle, the cattle fees of _____________ per
________________will be billed separately and the training rate will
increase to_________________ per month. All fees for training shall be
payable thirty (30) days
in advance.
A security deposit of
_________
payable with this Contract, shall be refunded within thirty (30) days
after completion of this agreement or termination of training. Changes
in monthly rates or other charges are subject to alteration upon thirty-
(30) day’s notice to Owner. All expenses incurred for veterinarians,
shoeing, or Trainer shall be billed with other out-of-pocket cost after
the incurrence thereof upon the next billing. |
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PAYMENT OF INVOICES:
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Invoices are
payable
upon receipt.
Upon completion of this agreement, the remainder of any and all expenses
shall be due and payable immediately and the animal will not be released
from Trainer’s possession until all expenses are paid in full. In the
event payment is overdue by fifteen (15) days, Trainer shall be entitled
to a lien against the horse in the full amount due. Enforcement of said
lien shall be at the discretion of Trainer who may sell the horse for
amounts outstanding in accordance to the appropriate laws of the State. |
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Billings for the
subsequent month shall be issued by the 20th, day of the
current month and shall include any additional out-of-pocket expenses. |
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VETERINARIAN, SHOEING AND RELATED
SERVICES:
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Trainer assumes
responsibility for arranging veterinarian and farrier services as
necessary. Trainer will use a veterinarian and farrier of his choice to
provide ordinary and necessary care unless Owner has requested Owner’s
veterinarian and farrier be used. However, if they are unavailable,
Trainer will engage his choice. |
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All veterinarian,
farrier and medicine expenses shall be paid by Owner, as further
described herein. Owner agrees to provide Trainer with all health
records with regard to the horse(s). |
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Owner agrees to
have the horse(s) wormed and vaccinated on a regular schedule. In the
event same is not accomplished and proof of same presented to Trainer
within thirty (30) days from the date of such services or veterinary
treatment, trainer is authorized 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 Trainer 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. |
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Trainer reserves
the right to refuse any horse upon the premises if same does not appear
to Trainer to be in good health, or is deemed dangerous or undesirable. |
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TRAINING OF HORSE:
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The Trainer shall
train horse and perform all services in accordance with generally
accepted professional standards. Trainer 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. Trainer shall furnish all labor,
provide suitable facilities and care for horse in an adequate manner
with feed being determined by the Trainer. The Trainer has complete
control over the manner of training and shall take all precautions for
the proper performance thereof. |
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SHOWING OF HORSE.
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Unless
specifically advised by the Owner not to exhibit said horse, Trainer
shall, at Trainer’s discretion, have the horse shown at the horse shows
of his choice. |
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Trainer shall
provide any necessary transportation to and from said shows at the rate
of _________ per mile, plus __________ per show with the minimum charge
per show being _________. In the event professional horse transportation
services are utilized, Owner agrees to pay all said applicable charges.
Owner shall pay for any and all entry fees, ground fees, stall and
bedding fees, or other directly related charges incurred while horse is
being shown or transported, including any and all lay-up charges in
transit. This includes an allocation of the horse Owner’s prorated
portion of expenses for all horses being shown by Trainer at the time
said expenses were incurred in order to reimburse Trainer for Trainer’s
and Trainer’s employee’s expenses, costs of grooms and related
expenditures incurred while away from the Farm. |
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Owner_ shall
receive all trophies and ribbons earned by said horse. Owner shall
receive _________% of all remaining money earnings after any
reimbursements for fees to Trainer. Trainer shall be entitled to be
reimbursed to the extent of _______% of said advances prior to all other
such disbursements. |
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DEATH OF HORSE:
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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, Trainer 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 already incurred. |
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FEED, FACILITIES, AND SERVICES:
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Trainer 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. Unless otherwise stated here,
trainer will provide feeds of his choice. If there are special
dietary or medical/supplements required they should be listed here:
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RISK OF LOSS AND STANDARD OF CARE:
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During the time
that the horse(s) is/are in custody of Trainer, Trainer shall not be
liable for any sickness, disease, astray, 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 Trainer, its
agents, and/or employees. This includes, but is not limited to, any
personal injury or disability the horse Owner, or Owner’s guest, may
receive on Trainer’s premises. |
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The Owner fully understands that Trainer does
not carry any insurance on any horses not owned by it 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 Trainer are to be borne by the
Owner. If owner has equine insurance the agent and policy number with
contact information should be included here:
___________________________________________________________________________________________________________ |
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The standard of
care applicable to Trainer is that of ordinary care of a prudent horse
owner and not as a compensated bailee. In no event shall Trainer be held
liable to Owner for equine death or injury in an amount in excess of One
Dollar ($1) per animal. |
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Owner agrees to
obtain equine insurance for any animals valued in excess of One
Dollar ($1), at Owner’s expense, or forego any claim for amounts in
excess of One Dollar ($1). |
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Owner agrees to
disclose this entire agreement to Owner’s insurance company and provide
Trainer with the company’s name, address and policy number. Failure to
disclose insurance information shall be at Owner’s risk. |
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INHERENT RISKS AND ASSUMPTION OF
RISK:
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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 equine’s
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 participant’s ability. |
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HOLD HARMLESS:
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Owner agrees to
hold Trainer harmless from any and all claims arising from damage or
injury caused by said horse(s) to anyone, and defend Trainer from any
such claims. Owner agrees to disclose any and all hazardous or dangerous
propensities of horse(s) boarded with Trainer. Trainer reserves the
right to notify owner within seven (7) days of the horse’s arrival if
said horse, in Trainer’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. |
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EMERGENCY CARE:
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Trainer agrees to
attempt to contact Owner should Trainer determine veterinary treatment
is needed for said horse(s), but, if Trainer is unable to contact Owner,
Trainer is then authorized to secure emergency veterinary, and farrier
care required for the health and well-being of said horse(s). |
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All costs of such
care incurred shall be paid by Owner within fifteen (15) days from the
date Owner receives notice thereof, or Trainer is authorized, as Owner’s
agent, to arrange direct billing to Owner. |
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Trainer shall
assume that Owner desires surgical care if recommended by a veterinarian
in the event of colic, or other life-threatening illness, unless Trainer
is instructed herein by Owner or on Owner’s Information Sheets, that the
horse(s) is/are not surgical candidates. |
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Owner agrees to
notify Trainer of any and all change of addresses, 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 Trainer as to what party is authorized to make decisions in the
Owner’s place with regard to the health, well-being, and/or medical
treatment of the horse(s). |
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LIMITATION OF ACTIONS:
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Any action or
claim brought by Owner against Trainer for breach of this Contract or
for loss due to negligence must be brought within one (l) month of the
date such claim or loss occurs. |
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OWNERSHIP-COGGINS TEST:
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Owner warrants
that he owns the horse(s) and will provide proof satisfactory to Trainer
of the negative Coggins test upon request. COGGINS
#________________________________________ |
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CHANGES OR TERMINATION OF THIS
AGREEMENT:
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The Parties agree
that this Agreement may be changed or terminated by Trainer 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. |
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RULES AND REGULATIONS:
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The Owner agrees
to abide by all the rules and regulations of the Trainer. 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),
and prior notification of intent shall be made via email or telephone
from the Owner of such arrangements. |
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No horses are to
be removed from Trainers premises without said prior notification of
intent. |
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RIGHT OF LIEN:
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The Owner is given
notice that Trainer has a right of lien as set forth in the laws of this
state, 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, Trainer will not be obligated
to retain and/or maintain the horse(s) in question in the event the
amount of the bill exceeds the anticipated unregistered value of the
horse (s.) In the event Trainer exercises |
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Trainer’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 Trainer’s representatives setting forth the
material facts of the default and foreclosure as well as Trainer’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 attorney’s fees, costs, and other related expenses for which
a minimum charge of __$500_ will be assessed. |
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ENTIRE AGREEMENT:
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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 in the state of Trainer’s stable,
and shall be enforced and interpreted in accordance with the laws of
said State. |
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ENFORCEABILITY OF CONTRACT AND
SEVERABILITY:
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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. |
**The
board and training fees above cover boarding in communal pasturage and/or
stall at trainers’ discretion. Should owners desire complete stall time
when the horse is not actively being trained there will be additional costs
assessed.
***Please
note: any horses not yet being ridden, or not yet completely comfortable
with carrying a rider, will require a minimum of ____month commitment in
order to be accepted at Bar A Ranch for training.
Please
be aware that the following are requirements for horses coming to Bar A
Ranch
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They must be sound,
healthy and in good flesh.
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They must be current
on all vaccinations and wormings.
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They must be either
barefoot or shod all around with natural hoof angles, no toe
lengths in excess of 4 inches.
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Any wolf teeth
should have been extracted and they should have had a dental float within
the last 6 months.
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No horse younger
than __________ old will be accepted for training.
Additional Agreements:
________________________________________________________________________________________
Owners Name:________________________________________Veterinarian:______________________________
Address:
City
/ State / Zip Code
_________________________________________________________________________________________
Daytime Phone Evening Phone: _____________________
Cell
phone or emergency contact: ____________________ Work:
_____________________________
Email
Address: ________________________________________________________
Web
URL:_____________________________________________________________
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_________________________________________________________
Date:________________________
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Signature of Owner (Or Authorized Agent)
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___________________________________________________________
Date:_________________________
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Signature of Trainer
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Joe
R Acord,
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Bar
A Ranch
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1041 C.R. 14 East
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Carmi, Illinois 62821
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618-384-2160
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