Contract to Train, Board and Show Horse with Option to Purchase Agreement made on the __________________________________ (date), between _____________________________________ (Name of Owner of Horse) of ________________________________________________________________________________________________________________________________________________ (street address, city, county, state, zip code), referred to herein as Owner, and ________________________________________ (Name of Trainer), of _____________ ________________________________________________________________________ ______________________ (street address, city, county, state, zip code), referred to herein as Trainer. Whereas, Owner is the legal owner of a certain horse hereafter described and desires to have said horse, boarded, trained, and shown in competition at acceptable horse shows, and eventually sold at a price and upon terms suitable to Owner; and Whereas, Trainer is an experienced trainer of horses and desires to board, train, and show said horse in competition at acceptable horse shows; Trainer is also interested in purchasing said horse, hereafter called the Horse;Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.Description of Horse, Date of Delivery, and Beginning of Training A. The Horse is described as follows: i. ____________________________________________ (Breed); ii._______________________________ (Gender);iii._______________________ (Age);iv.________________________________________ (Micro Chip #);v.__________________________________ (Color and Markings) ;B.Owner agrees to pay Trainer ______________________ (dollar amount) per month on or before the ______ day of each month.C. The Horse shall be delivered to Trainer at _________________________ ________________________________________________________________________ _____________________ (street address, city, county, state, zip code), on or before ______________________________ (date) at __________________________________ (Trainer’s or Owner’s) expense. 2.Veterinarian, Shoeing and Related Services. ________________________________ (Owner or Trainer) assumes responsibility for arranging veterinarian and farrier services as necessary. All veterinarian, farrier and medicine expenses shall be paid by _______________________ (Owner or Trainer). Owner agrees to provide Trainer with all health records with regard to the Horse. ________________________________ (Owner or Trainer) agrees to have the Horse wormed and vaccinated on a regular schedule, and to present proof of same to ___________________________________ (Owner or Trainer) within thirty (30) days from the date of such services or veterinary treatment. Trainer reserves the right to refuse to train the Horse if same does not appear to Trainer to be in good health, or is deemed dangerous or undesirable; Trainer will immediately notify Owner of such refusal.3.Training of Horse. A.The Trainer shall train and adequately board 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 the Horse. The Trainer has complete control over the manner of training and shall take all precautions for the proper performance thereof. B.(Training and Equipment Restrictions, if any)________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________4. Showing of Horse. A. Trainer shall, at Trainer's discretion, have the Horse shown at the horse shows mutually agreeable to Owner and Trainer. ___________________________ (Owner or Trainer) shall provide any necessary transportation to and from said shows. ________________________________ (Owner or Trainer) shall pay for any and all entry fees, ground fees, stall and bedding fees, or other related charges incurred while Horse is being shown or transported, including any and all lay-up charges in transit. B.Other than showing the Horse as set forth in Subparagraph A above, Horse shall not leave Trainer’s stables at ______________________________________ _____________________________________________________________________________________________ (street address, city, county, state, zip code) without Owner’s permission, except in cases of emergency (such as medical care or fire at the stables) when Owner cannot be timely reached. Owner will be informed of the situation as soon as possible. C. Trainer agrees to show Horse to prospective purchasers and communicate any offers to Owner. Trainer acknowledges that he/she is an independent contractor and is not an agent, partner, joint venturer nor employee of Owner. Trainer shall have no authority to bind or otherwise obligate Owner in any manner nor shall Trainer represent to anyone that he/she has a right to do so. 5. Risk of Loss and Standard of Care. The standard of care applicable to Trainer is that of ordinary care of a prudent horse owner. In no event shall Trainer be held liable to Owner for equine death or injury in an amount in excess of (e.g., $50,000.00) ___________________. Owner agrees to obtain equine insurance for the Horse in excess of (e.g., $50,000.00) ________________ at Owner's expense, or forego any claim for amounts in excess of (e.g., $50,000.00) _____________________. 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. 6. 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 a horse’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. WARNING You are advised that there are inherent risks, including the risk of serious injury or death, while engaging in equine activities. By engaging in equine activities and in accordance with the terms of this agreement you hereby assume all risks of injury or death. 7. Hold Harmless. Trainer agrees to hold Owner harmless from any and all claims arising from damage or injury caused by said Horse to anyone, and defend Owner from any such claims. Owner agrees to disclose to Trainer any and all hazardous or dangerous propensities of said Horse. Trainer reserves the right to notify Owner within seven (7) days after training begins if said Horse, in Trainer's opinion, is dangerous, untrainable, unhealthy, handicapped, or otherwise unfit for training. Upon such notification, and upon payment of all fees, this contract shall be deemed terminated. 8. Ownership-Coggins Test. Owner warrants that she owns the Horse and will provide proof satisfactory to Trainer of the negative Coggins test upon request.9. Trainer’s Option to Purchase and Owner’s Right of First RefusalA.Owner grants to Trainer the option to purchase the Horse for (e.g., thirty) ____________________ from the date the horse is delivered to the Trainer provided that Trainer gives notice to Owner, in writing, of Trainer’s intention to exercise the option prior to the end of said (e.g., thirty) ____________________ day period and purchases the horse within _______days of the receipt by Owner of Trainer’s intention to exercise said option. On receipt of the purchase price by Owner , Owner will transfer title to the Horse pursuant to a bill of sale in a form acceptable to both parties. The option purchase price is $_________________ (dollar amount). Prior to the exercise of said option, Owner has the right to continue to advertise the sale of the Horse. B.Should Trainer purchase the Horse pursuant to the option described above, and then later offers the Horse for sale, Trainer agrees that Owner shall have the exclusive and irrevocable right of first refusal and first option to re-purchase the Horse upon same the terms and conditions offered to Trainer by a third party. This right of first refusal or first option to purchase may be exercised by Owner within (e.g. 30) _________ days from notification by Trainer that Trainer has received a bona fide offer to purchase said Horse at an acceptable price. Trainer is obligated to provide such notice to Owner prior to selling said Horse to the third party making said offer. 10.Duration and Termination of AgreementA. The term of this Agreement shall be for (e.g., one year) ______________ _________________, commencing on the effective date stated above, and terminating on _____________________________ (date).B.Either party may cancel this Agreement on ________ (number) days' written notice to the other party. 11. Effect of Termination of AgreementA. If this Agreement is terminated for any reason prior to the expiration set for this Agreement, Trainer shall, at his/her sole expense, immediately deliver the Horse to Owner.B.Title to the property furnished pursuant to this Agreement shall remain with Owner and Trainer shall not sell, transfer, lease, mortgage, borrow against, pledge, or otherwise create a legal or equitable interest by any third party in the Horse. 12.No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 13. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _________________________ (state). 14.Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 15. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 16.Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 17.Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 18.Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19.Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated._______________________________________________________________ OWNERTRAINER
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