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OWNER (OR AUTHORIZED AGENT)
Name: _______________________________________________________________________________________________
Address: ______________________________________________________________________________________________
City ____________________________________________________________ St __________________ Zip ______________
Address: ______________________________________________________________________________________________
Email: ________________________________________________________________________________________________
SPECIFIC THINGS YOU WISH TO BE ACCOMPLISHED:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
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PARENT / GUARDIAN WAIVER - FOR MINOR
If the person who is to enter into this agreement (referred to as the 'owner' is under eighteen (18) years of age, his/her parent or guardian must read and sign the following:
I,___________________________________________, acting as parent, natural guardian or legal guardian of _______________________________________(hereinafter "minor") hereby affirms that he/she had read the Agreement, understands the Agreement and understands that the agreement is a release of all claims for injury, death and property damage, and understands and consents to the terms on behalf of him/himself and on behalf of the minor, and agrees to indemnify and save and hold harmless the releases from any loss, liability, damage, of cost they may incur because of any defect in of lack of capacity to act on behalf of minor in executing this agreement.
Parent / Guardian __________________________________
TRAINER __________________________________
THIS AGREEMENT is
made on this_____day of _____________, 20___, by and between _____________________________________________________________________________________________,
hereinafter referred to as "Owner", and if owner is a minor, owner's parent or guardian. Trainer accepts Owner's
horse(s), described on the Exhibit "A" for training, and Owner shall place the horse into training upon the
terms and conditions set forth below.
1. FEES, TERM, AND LOCATION
Owner agrees to pay the Trainer for professional services; board and supplies at established rates in effect
at the time services are rendered. All fees for training shall be payable thirty (30) days in advance. Fees
or other charges are subject to change upon thirty (30) days notice to Owner. All expenses incurred for
veterinarians, shoeing, or other out-of-pocket costs shall be billed after the incurrence thereof upon the
next billing by trainer.
2. PAYMENT OF INVOICES
Invoices are payable upon receipt. Upon completion or termination of this Agreement, the remainder of any and
all expenses shall be due and payable immediately. The horses(s) will not be released for Trainer's possession
until all fees, charges and expenses are paid in full.
3. VETERINARIAN, SHOEING AND RELATED SERVICES
Owner agrees to provide the necessary shoeing and worming of the horse(s) as is reasonably necessary, at Owner expense.
Vet and farrier bills shall be paid within fifteen (15) days from the date the bill is submitted to the Owner.
Trainer reserves the right to refuse any horse upon the premises if horse doesn't appear to Trainer to be in good health, or is deemed dangerous and undesirable or if owner refuses proper veterinarian and farrier services.
4. TRAINING OF HORSE
The trainer shall train horse and owner and perform all services in accordance with generally accepted
professional standards. Trainer cannot and does not guarantee the effect of th 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 and rider. Trainer shall furnish all labor, provide suitable facilities
and care for horse in an adequate manner with feed being determined by the trainer.
5. SHOWING OF HORSE
Unless specifically advised by the owner not to exhibit said horse, trainer may, at Trainer's discretion,
have the horse shown at the horse shows of Trainer's choice. Trainer does not guarantee the horse will be
shown. Trainer shall provide necessary transportation to and from the show at one dollar a mile. Owner
will also pay entry fees, grounds fees, or other related fees incurred while horse is being shown or
hauled.
6. DEATH OF HORSE
In the event of the sale of death 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 days;
or in the alternative, terminating the agreement upon payment of all expenses and fees.
7. FEED, FACILITY, AND SERVICES Trainer shall 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 that Owner has inspected the facility and finds same in safe and acceptable order.
8. RISK OF LOSS AND STANDARD OF CARE During the time that the horse(s) is/are in the custody
of Trainer, trainer shall not be liable for any sickness, disease, estray, theft, or death or injury which
may be suffered by the horse or any other cause of action, whatsoever, arising out of or being connected in any way with the boarding of the horse(s) including negligence on part of trainer, its agents, and/or employees. This includes, but is not limited to, any personal injury or disability the horse owner's guests, may receive on trainer's premises.
Owner understands that trainer does not carry any insurance on any horses not owned by trainer.
9. EMERGENCY CARE
Trainer agrees to attempt to contact Owner should stable feel that medical treatment is needed for said horse(s), but, if trainer is unable to contact Owner, trainer is then authorized to secure emergency, veterinary, and blacksmith care required for the health and well being of said horse(s). All costs of such care required for the health and well being of said horse(s) shall be paid by Owner within fifteen days for the date owner receives notice thereof, or stable is authorized, as Owner's agent, to arrange direct billing to Owner.
TRAINER SHALL ASSUME THAT OWNER DESIRES SURGICAL CARE IF RECOMMENDED BY A VETERINARY IN THE EVENT OF COLIC, OR
OTHER LIFE-THREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED HEREIN OR ON OWNER'S INFORMATION SHEETS, BY OWNER
THAT THE HORSE(S) IS/ARE NOT SURGICAL CANDIDATES.
Owner agrees to notify Trainer of any and all changes of address, emergency telephone numbers, itineraries of
the information reasonably necessary to contact owner in the event of an emergency
10. ACKNOWLEDGEMENT OF RISK Owner understands and acknowledges that a horse may, without
warning or any apparent cause stumble, buck, fall, rear, bite, kick, run, make unpredictable movements, spook,
jump obstacles, step on a person's feet, push or shove a person, saddles or bridles may loosen or break – all
of which may cause the rider to fall or be jolted, resulting in serious injury or death. Owner acknowledges
that horseback riding is a dangerous activity and involves RISKS that may cause serious death inherent in the
use of any horse, equipment and gear provided by the trainer.
11. RELEASE, DISCHARGE AND PROMISE NOT TO SUE Owner hereby releases and promises not to
sue the Trainer, doing business under its own name or any other name and/or any of its owners, officers,
employees and agents for any loss, liability, damage, or cost whatsoever arising out of the training,
riding or use of Owner's horse or by others horse being trained or boarded by trainer, including loss,
damage, or injury arising out of the negligence of Trainer or any of Trainer's agents or employees.
12. HOLD HARMLESS Owner agrees to hold Trainer harmless for any and all claims arising
for 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 of dangerous propensities of horse(s) boarded with Trainer.
Owner further acknowledges that trainer is leasing facility space from ________________________ , hereinafter
known as "stable", as an independent contractor, trainer has no affiliation with Stable whatsoever.
13. LIMITATION OF ACTION Any action of claim brought against Trainer for breach of this
contract or for loss due to negligence must be brought within (1) year of the date such claim of loss occurs.
14. OWNERSHIP-COGGINS TEST
Owner warrants that he owns the horse(s) and will provide proof satisfactory to Trainer of the negative
coggins test upon request.
15. CHANGES OR TERMINATION OF THIS AGREEMENT
This agreement may be changes of 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. The receipt
of updated rate schedules shall constitute notice of changes and all rate changes of regulation changes as may
be deemed appropriate by trainer.
16. RULES AND REGULATIONS
The owner agrees to abide by all the rules and regulations of the Trainer, and acknowledges receipt of same. In the
event someone other than the Owner shall request to ride, groom, or to take possession of the horse(S), such person
shall have written authority signed by the Owner to obtain the horse(s).
17. RIGHT OF LIEN
The owner is given notice that the trainer has a right of lien as set forth in the laws of the state of Mississippi,
for the amount due for the board and keep of such 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 questioned in the
event the bill exceeds the unregistered value of the horse(s).
In the event the trainer exercises Trainer's lien rights as above stated for nonpayment this agreement shall constitute
as a Bill of Sale and authorization to process transfer applications for any breed registration as may be applicable
to said horse(s) upon affidavit by stable's representation 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's fees, costs and other related expenses for which a minimum charge
of $250.00 will be assessed.
18. PROPERTY IN STORAGE ON STABLE'S PREMISES
Stable shall not be responsible for the theft, loss, damage or disappearance of any tack of equipment of other property
stored at stable as same is stored at Owner's risk. Stable shall not be liable for the theft, loss, damage or
disappearance of any tack or equipment take to horse shows or clinics.
19. 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 agreement. This contract is made and
entered into in the State of the Stable's domicile, and shall be enforced and interpreted in accordance with the
Laws of said state.
20. 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. |