Equine Training Agreement - Comin' Home Ranch

Add your textThis Equine Training Agreement (“AGREEMENT”) is being entered into by Comin’ Home Ranch LLC (“TRAINER”), and

(“OWNER”) as of

TERM

The Term of this agreement is for

If horse is not picked up by date set forth above, OWNER will be responsible for paying $165.00 for each additional week the horse stays. (If horse is there less than one full week charge will be $25 per day.)

IDENTIFICATION OF THE HORSE

OWNER’S Horse is described as follows

OWNER’S CONTACT INFORMATION

OWNERSHIP OF/AUTHORITY OVER HORSE

a.      OWNER represents and warrants that they are the owner of record of Horse, or that they have express authority of the owner of record to enter into this AGREEMENT with TRAINER. If OWNER is not the owner of record of the horse, OWNER nonetheless agrees to be fully bound by the terms of this AGREEMENT, and liable for all sums hereunder. b. IDENTIFICATION OF OWNER OF RECORD IF DIFFERENT THAN BOARDER            If the OWNER is not the “owner of record” of the horse the owner is

FEE’S

Training fee is ONE HUNDRED AND SITXY FIVE DOLLARS ($165) per week. If horse is booked for EIGHTH WEEKS or LESS, training must be PAID IN FULL at time of drop off. If more than EIGHT WEEKS, then remaining weeks MUST BE PAID FOR ON OR BEFORE the EIGHTH week. Additional weeks may be added on. If horse is not picked up for above date or booked for additional week then OWNER will be charged $25 per each additional day horse remains in TRAINERS care.

CARE SERVICES

TRAINER agrees to provide a secure lot with shelter for Horse, TRAINER will be responsible for all care of Horse including feeding and watering. TRAINER provides pasture grass and or grass hay. OWNER is responsible for providing grain and any additional supplements or feeds they wish for their horse to have.

HORSE’S PHYSICAL CONDITION/SPECIAL CARE

TRAINER will uphold the best interest of the horse's wellbeing and requires horses to be in good health, including healthy weight, sound, trimmed and balanced feet and ability for full range of motion in all parts. If OWNER is not certain that horse is fit for training, then owner knows they should consult a vet before sending horse to training. Horses deemed unfit for training may be sent home without refund.

VETRINARY CARE

a.      OWNER agrees and understands that it is the OWNER’s responsibility to provide horse

with proper veterinary care and veterinary services. OWNER understands that if OWNER’s horse is or appears sick or injured, TRAINER will first try to contact OWNER. If OWNER is unavailable or Horse has an emergency, OWNER gives TRAINER permission to call veterinarian. If OWNER’s veterinarian is unavailable, OWNER authorizes TRAINER to call its Veterinarian, and OWNER will be fully responsible for all veterinarian charges incurred.

b. OWNER also agrees that OWNER will keep horse current on all customary worming, coggins test, and vaccinations including but not limited to West Nile, Lyme disease, tetanus, and any and all others as may be prevailing or customary in TRAINER’s location.

TRAINER INFORMATION

Name: Rebecca Schranck

Business Name: ­­­­­­­Comin’ Home Ranch LLC

Address: 8611 E Elkin Rd, Hallsville  MO 65255

Phone: 573-356-4972

Email: cominhomeranch@gmail.com

PROHIBITED ACTIVITY

Neither OWNER nor their guests or agents shall feed, turn-out, walk, work, ride, saddle, injure, whip, harass or otherwise use or interact with any other horse at stable without permission of TRAINER. TRAINER has discretion when and under what circumstances to allow OWNER or designated users to have access to Horse and TRAINER’s facilities. OWNER understands and agrees to schedule appointments with TRAINER prior to accessing property.

SAFETY AND RELEASE FROM LIABILTY

    BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOU OR YOUR CHILD’S PRESENCE AND/OR PARTICIPATION IN EQUINE ACTIVITIES AT STABLE, INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OF STABLE OR TRAINER.

     READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING AND AGREEMENT TO ITS ITEMS.

a.      HELMENTS AND SAFETY GEAR

I understand that it is the recommendation of TRAINER to wear a riding helmet and utilize other safety gear appropriate to my or my child’s level of experience while on a horse.  I accept full responsibility for accident or injury to myself, my family members or my guests if I or they choose to ride with or without a helmet or other appropriate safety gear.

b. HORSES ARE INHERENTLY DANGEROUS

I also understand that engaging in equine activities is a an inherently dangerous activity, and that, by so doing, I expose myself to dangers both known and unknown.  Horses are large, unpredictable animals which may be dangerous no matter how much training they have, no matter what level of experience me or my child might have, and no matter what the situation. I agree and understand that TRAINER cannot control the horses actions and that I shall release and hold harmless TRAINER from any injury arising out of or related to equine activities at TRAINER’s facilities.

c. I AM RESPONSIBLE FOR MY OWN CONDUCT AND THAT OF MY HORSE understand that I will ride and handle my horse, and conduct myself, at my own risk while on the TRAINER’s property.

d. RELEASE AND WAIVER OF LIABLITY, AND ASSUMTION OF RISK

I take full responsibility for myself and any other guest I may bring onto the property and will not hold TRAINER, it’s owners, agents or employees responsible for accident or injury to myself, my guests, my horse or my agents.

e. DEATH OR INJURY TO HORSE

TRAINER, it’s owners, agents or employees will not be held responsible for injury or death of horse absent active negligence on their part. Horses are large, unpredictable animals which may be dangerous no matter how much training they have. I agree and understand that TRAINER cannot control the horses actions and that I shall release and hold harmless TRAINER from any injury or death. f. HOLD HARMLESS, DEFEND AND INDEMNITY

OWNER agrees to defend, indemnify, save and hold harmless TRAINER, and it’s principals, agents, and affiliates from and against any loss, liability, damage, attorney’s fees, or costs that they may incur arising out of or in any way of ONWER’s use of TRAINER, presence at TRAINER’s facilities, horses conduct, OWNER’s use or access to horse, or OWNER’s or their agents actions, breaches, failures, omissions in performing or furthering this agreement or any related agreement, obligation or conduct as they may relate to or arise out of the subject matter of this agreement.

g. COSTS, ATTORNY’S FEES, and EXPENSES

In any legal actions brought in connection with this AGREEMENT, arising out of this AGREEMENT, or arising out of any activity of horse, OWNER, or their guests or agents, the prevailing party will be entitled to prompt payment of expenses from other party following final adjudication in favor of the prevailing party. For the purpose of this section, “expenses” will include the following costs actually incurred by the prevailing party: attorney’s fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating or copying costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements. TRAINER’S REMEDIES

If owner breaches this agreement, if horse becomes sick, disabled, injured or a danger to itself or others, or if TRAINER ceases to be able to provide services to OWNER and Horse hereunder, TRAINER reserves the right to require owner’s immediate removal of the horse. If a horse, vehicle, trailer, tack or other equipment is abandoned due to a failure to pay all fees when due, TRAINER may sell such property in a reasonable manner and apply all proceeds to the past due amount. Additionally, TRAINER reserves the right to utilize the remedy provided for in section 430.150 R.S.MO to impose a lien on any horse, vehicle, trailer or equipment for any and all unpaid fees or other breaches of agreement by OWNER. AMENDEMENTS AND MODIFICATIONS

The parties may amend this AGREEMENT only by a written agreement executed by all parties. NOTICE

a. TO TRAINER

 All notices must be in writing and delivered to the Stable at the following address, in a manner which provides proof of delivery

  8611 E Elkin Rd, Hallsville MO 65255

b. NOTICE TO OWNER

All notices must be in writing and delivered to OWNER at owner’s address listed above in this AGREEMENT, in a manner which provides proof of delivery.

ASSIGMENT OR TRANSFER

No party shall assign or transfer this agreement without the prior written consent other parties.

ENTIRE AGREEMENT

This AGREEMENT contains the entire agreement among the parties. Any modifications od additions must be in writing and signed by all parties to the AGREEMENT. No oral modifications will be considered part of the agreement unless reduced to writing and signed by all parties. COMPREHENSION

Each party hereby affirms and acknowledges that they have been given the opportunity to obtain independent legal review by an attorney of this choosing, that they have read this entire AGREEMENT, that it is in plain language, and that they fully understand and appreciate the meaning of each of its terms.

RULES AND REGULATIONS

TRAINER reserve the right to adopt rules for use of the TRAINER facility from time to time and OWNER agrees to abide by all such rules and regulations promulgated by TRAINER. GOVERNING LAW AND VENUE

This AGREEMENT shall be governed by the laws of the State of Missouri. Venue for resolution of disputes shall be proper in Boone County Missouri.

ABANDONMENT OF HORSE

OWNER should maintain communication with TRAINER for duration Horse stays at TRAINER’s. In the event that communication is lost, TRAINER will make reasonable effort to contact OWNER if horse is not picked up by above listed date and no communication is able to be made TRAINER will send Certified Letter to OWNER’s address listed above with TRAINER’s contact information and a 30 day notice to retrieve horse and pay all fees. If Horse is not picked up within 30 days and no response is received from OWNER, Horse will be considered abandoned and become property of TRAINER. TRAINER will keep, sell, or do as seen fit with Horse.