dragonfly farm llc horse show contract

advertisement
GREAT ESCAPE STABLES HORSE SHOW CONTRACT
THIS HORSE SHOWING AGREEMENT (“Agreement”) is made and entered into
this ______ day of __________, 20__, by and between Great Escape Stables ("Operator")
and
_______________________________________ ("Owner/Exhibitor").
In consideration and reliance upon the terms of this Agreement, Operator and
Owner/Exhibitor agree as follows:
Definitions.
“Operator”: Operator means Great Escape Stables LLC., a Michigan Limited
Liability
Company, engaged in the business of boarding, showing and training horses.
“Owner/Exhibitor”: Owner/Exhibitor means ________________________________, who
owns the horse or horses described on Exhibit A, which is hereby incorporated
and made part of this Agreement. This also includes all persons leasing a horse
to show.
“Horse”: Horse means the horse or horses referenced in Exhibit A.
“Horse Show Fees”: Horse Showing Fees means the fees charged by Operator to care
for and train each Owner/Exhibitor at a given horse show.
“Show”: Show means any horse show scheduled by the Operator which the
Owner/Exhibitor wishes to attend.
“Trainer”: Trainer refers to Robyn Schamante.
“Training Ride”: Training Ride means a ride by trainer Robyn Schamante.
“Medication”: Medication means any and all medication administered to the
Horse both
immediately prior to the Show and during the Show.
Daily Rate (Boarded Horses). Owner/Exhibitor shall pay the Trainer/Operator
the sum of $45.00 per day for each boarded horse attending a Show (rate is
$55.00 if less the 3 boarded horses attend). The Daily Rate shall be paid in full
upon receipt of the invoice following the Show. The Daily Rate shall include
basic care and maintenance of the Horse as well as daily training of horse and
rider. Any Training Rides are separately charged.
Daily Rate (Non-Boarded Horses). Owner/Exhibitor shall pay Operator the sum
of $60.00 per day for each non-boarded Horse attending a Show. A non-boarded
horse is any horse not currently boarded at Great Escape Stables LLC in South
Lyon, Michigan. The Daily Rate shall be paid in full upon receipt of the invoice
following the Show. The Daily Rate shall include care and maintenance of the
Horse as well as daily training of horse and rider. Any Training Rides are
separately charged.
Load and Set Up Services. Owner/Exhibitor shall pay Operator the sum of $30.00
per show for packing and unpacking the trailer, setting up the
Owner/Exhibitor’s stall and for setting up the tack/feed room. This fee is waved
if Owner/Exhibitor is present on Schooling day and upon arrival home at the
barn.
Training Rides. Owner/Exhibitor shall pay Operator the sum of $30.00 for each
Training/Schooling
rides associated with the Show. All Training Rides shall be performed by Robyn
Schamante of Great Escape Stables LLC.
Split Services. All Owner/Exhibitors shall split the costs of the following
expenses on a per horse basis
for: lodging and travel expenses of all staff, tack/feed stalls, bedding, hay and
paddocks.
Partial Care. Owner/Exhibitors who wish to actively participate in the care of
their horse while showing are considered to be partial care clients. They are
responsible for assisting with all aspects of feeding, watering,
wrapping/unwrapping, set-up/loading/unloading, bathing, lunging, wrapping
and all other aspects of caring for their horse and assisting their trainer or other
Great Escape Stables staff. Owner/Exhibitors who choose this option are expected
to commit to these tasks or they will be billed separately for each item that is
done by GES staff.
Lunging, Wrapping/Unwrapping, Full grooming
$10 per time
Tack Cleaning
$10 per item
Clipping, mane pulling
$25 per time
Bathing
Feeding and/or watering
$25 per time
$10 per time
Packing /Setup/Loading etc.Cleaning & picking up after riders-
$30 per horse
$10 per time
Full Groom. This service is available on request. The fee for this service is
$100.00 per day
(plus expenses of additional staff if required).
Deposit. Any Exhibitor who wishes to show must pay a $50.00 deposit in
advance per show to reserve their spot at that show. The deposit will be applied
to the training bill and deducted accordingly.
Payment for All Services. Payment in full for all services is due upon receipt of
the invoice. If the fee is paid in full within 48 hours of the date of the email, no
late fees shall be charged to the Owner. After 48 hours, a late fee of $50 plus $10
per day shall accrue until payment in full is made. Any partial payments shall
be applied first to outstanding balances.
Health Certificate. All Owner/Exhibitors must provide a current Coggins &
Health Certificate to Operator as a condition of horse showing. Health certificate
is for “A” rated shows only. Yearly coggins are taken on show horses and are the
responsibility of the owner or leaser.
Administration of Medication. Under NO circumstances shall the
Owner/Exhibitor administer any medication for the duration of the Show. All
medication shall be administered by Robyn Schamante or under the direction
of Robyn Schamante of Great Escape Stables LLC. A breach of this provision
shall be grounds for removal from the Show or other reasonable remedy to
remove any and all responsibility from Great Escape Stables LLC and Robyn
Schamante. Pursuant to GR 404 of the USEF Rules, the Trainer is responsible
and accountable for the condition of the horse/pony and for compliance with
the doping rules. As such, sanctions are imposed against the trainer for any
proven doping violations. Please see the full text of that rule at GR404
Responsibility and Accountability of Trainers
Duties, Rights and Authority. The Operator is hereby authorized, but not
obligated, to administer any drug (Phenylbutazone, Banamine, Dexamethasone
etc.) the Operator deems necessary to protect the health and well-being of the
Horse, to secure veterinary care (including such veterinary care as may be
necessary, in the Operator's sole discretion, to protect the life or health of the
Horse under unusual or emergency circumstances), emergency blacksmith
services, van and other services required for the health, well-being and benefit
of the Horse. The Owner/Exhibitor expressly releases and agrees to indemnify
Operator and its employees and agents from all liability for any injuries or
damages sustained or suffered to the Horse in connection with the performance of
such services. The cost of all such services shall be billed directly to the
Owner/Exhibitor unless the parties agree otherwise in writing. The Operator is
hereby authorized, as the agent of the Owner/Exhibitor, to arrange for direct
billing of such services to the Owner/Exhibitor, but is not obligated to do so.
Insurance. Owner/Exhibitor understands and accepts the special risks inherent
in boarding, showing, conditioning, training, and transporting horses, and
acknowledges that mortality and other insurance is solely Owner/Exhibitor’s
responsibility. If the Horse is insured, Owner/Exhibitor shall provide the
information requested on Exhibit A. Owner/Exhibitor shall immediately notify
Operator in writing of any changes in insurance coverage. If the Horse is not
insured, Owner/Exhibitor shall immediately notify Operator in writing of
insurance coverage for the Horse if such is later obtained. If Owner/Exhibitor
fails to provide such information, Operator may assume that the Horse is not
insured. The Operator shall not be responsible for notifying the
Owner/Exhibitor’s insurance company of any disease, injury or illness which
the Owner/Exhibitor’s Horse may contract or incur, but Operator must notify the
Owner/Exhibitor as soon as practicable.
Release and Waiver of Liability as to Horse. Owner/Exhibitor expressly agrees
that Operator shall not be liable for any injury or damage to the Horse,
including but not limited to loss by fire, theft, running away, disease, accident,
death or injury, whether the Horse be on the premises of Operator or not.
Owner/Exhibitor agrees that it shall be solely responsible for all acts and
behavior of the Horse at any time and agrees to indemnify and hold harmless
Operator, its employees, agents or any other person against all damages sustained
or suffered by reason of the exhibiting the Horse and for any claims, causes of
action, demands, damages, expenses (including attorney fees), or injuries
whatsoever arising out of or in any way relating to the Horse. In consideration of
the possible risk of loss or injuries which could occur to the Horse, the
Owner/Exhibitor expressly releases Operator, its employees and agents from any
and all liability for any injury or damages to the Horse including but not
limited to loss by fire, theft, running away, disease, accident, death or injury,
whether or not the Horse is in the Operator’s care, custody or control or present at
the Farm.
WARNING. UNDER THE MICHIGAN EQUINE ACTIVITY LIABILITY ACT, AN
EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF
A PARTICIPANT IN AN EQUINE ACTIVITY RESULTING FROM AN INHERENT
RISK OR THE EQUINE ACTIVITY. RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT.
Owner/Exhibitor voluntarily assumes the risk and danger of injury or death
inherent in the use of the Horse, equipment and gear provided by Great Escape
Stables, LLC and hereby releases, discharges and promises not to sue Great Escape
Stables LLC, doing business under its own name or any other name and/or any
of its officers, employees and agents for any loss, liability, damage, or cost
whatsoever arising out of or related to any loss, damage, or injury including
death. Owner/Exhibitor further releases Great Escape Stables LLC from any
claim of negligence in connection with a riding experience including but not
limited to training or selecting horses, maintenance, care, fit or adjustment of
saddles or bridles, instruction on riding skills or leading and supervising riders.
Owner/Exhibitor further indemnifies and holds harmless Great Escape Stables
LLC and its employees and agents from and against any loss, liability, damage or
cost they may incur arising out of or in any way connected with either the use
of any horse and any equipment or gear provided therewith or any acts or
omissions of employees or agents.
Owner/Exhibitor expressly agrees that the foregoing release and waiver of
liability, assumption of risk, and indemnity agreement is governed by the State
of Michigan and is intended to be as broad and inclusive as is permitted by
Michigan law, and that in the event any portion of this agreement is determined
to be invalid, illegal, or unenforceable, the validity, legality and enforceability
of the balance of the Agreement shall not be affected or impaired in any way
and shall continue in full legal force and effect. Owner/Exhibitor acknowledges
that this document is a contract and agrees that if a lawsuit is filed against
Great Escape Stables LLC or it officers, agents or employees, for any injury or
damage in breach of this contract, the Owner/Exhibitor will pay all attorney's
fees and costs incurred by Great Escape Stables LLC in defending such an action.
Assignment. This Agreement cannot be assigned by Owner/Exhibitor without the
express written consent of Operator.
Governing Law. This Agreement shall be governed by the laws of the State of
Michigan. Jurisdiction and venue for any action shall be in Washtenaw
County, Michigan.
Entire Agreement. The parties agree that this Agreement represents and contains
the entire agreement of the parties and supersedes all pre-existing horse showing
agreements between the
parties respecting the subject matter in this Agreement. No representations,
promises or conditions not expressed in this Agreement shall be binding upon
any party. Any modifications to this Agreement shall not be effective unless set
forth in writing and signed by each party.
Severability. In the event that for any reason any provision or portion of this
Agreement shall be found to be void, unenforceable or invalid, then such
provision or portion shall be deemed to be severable from the remaining
portions, which portions shall be given full effect as if the void, unenforceable
or invalid provisions or portion had not been included in this Agreement.
Headings. The section headings contained in this Agreement are for reference
purposes only and do not affect, in any way, the meaning or interpretation of
this Agreement.
OWNER/EXHIBITOR CERTIFIES THAT THIS ENTIRE AGREEMENT HAS BEEN
READ AND UNDERSTOOD AND OWNER/EXHIBITOR AGREES TO BE BOUND BY
ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IN WITNESS
WHEREOF, the parties hereto have executed this Horse Showing
Agreement as of the day, month and year first above written.
Operator: Robyn Schamante of Great Escape Stables
Signature:_____________________________
Owner/Exhibitor:_________________________________Signature:_____________________________
Address & Phone:_______________________________________________________________________
Current Membership Numbers (if any0_____________________________________________________
EXHIBIT A: HORSE INFORMATION SHEET
Owner/Exhibitor provides the following information about this Horse:
NAME OF HORSE:______________________________________________________________________
DESCRIPTION:
COLOR:___________________ HEIGHT:_______AGE:______SEX:_________ BREED:_________________
USEF # _______________ HJAM # _______________ MHJA#_____________
HORSE(S) INSURED? (
)YES (
)NO
INSURANCE AGENCY:___________________________________POLICY NUMBER:_________________
AGENCY TELEPHONE NUMBER: ____________________
Download