Fill and Sign the Agreement the Remainder of Any and All Expenses Shall Be Due and Payable Immediately and the Form

© 2017 - Cottonwood Equestrian Publications TRAINING CONTRACT WITNESS THIS AGREEMENT this _____ day of _______, 20__, by and between _______________, hereinafter referred to as "Trainer" and ______________________, hereinafter referred to as "Owner," and if Owner is a minor, Owner's parent or guardian. Trainer agrees to accept Owner's horse ____________________, Reg. No.__________ 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: ___________________________________________ _____________________________ ______________________________________________________________________________ l. Fees, Term, and Location. Owner shall pay the Trainer for professi onal services and board as described below, the fee of $___________ per month or $___________ per day, for training and board, board alone being $___________ per month or $_______ per day, for a minimum of ___________ months. All fees for training shall be payable thirty (30) days in advance. A security deposit of $__________ payable with this Contract, shall be re funded within thirty (30) days after completion of this agreement or termination of traini ng. Changes in monthly rates or other charges are subject to alteration upon thirty (30) days not ice to Owner. All expenses incurred for veterinarians, shoeing, or other out-of-pocket cost shall be billed after the incurrence thereof upon the next billing by Trainer. 2. Payment of Invoices. Invoices are payable upon receipt. Upon complet ion 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 and/or equipment stored upon Trainer's premises in the full amount due. Enforcement of said lien shall be at the discretion of Trainer who may sell the horse and/or equipment for amounts outstanding in accordance to the appropriate laws of the State of Kansas. 3. Veterinarian, Shoeing and Related Services. Trainer assumes responsibi lity 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, Traine r will en gage his choice. All veterinarian, farrier and medicine expenses shall be paid by Owner, as further described herein. Owner agrees to provide Trainer with all health records wi th regard to the horse(s). Owner agrees to have the horse(s) wormed and vaccinated on a regular schedule, and in the event same is not accomplished and proof of same presented to Trai ner 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 t he obligation of Owner, and upon presentation by Trainer of the bill for such services rendered, incl uding service charges, such bill shall be paid within fifteen (15) days from the date t he bill is submitted to the Owner. 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. © 2017 - Cottonwood Equestrian Publications 4. Training of Horse. The Trainer shall train horse and perform all servic es in accordance with generally accepted professional standards. Trainer cannot and does not guarantee the effect of the training program or that any particular result s 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. Owner shall submit a fully completed Owner's Information Sheet for eac h horse on the premises belonging to Owner within forty-eight (48) hours of delivery. 5. Showing of Horse. Unless specifically advised by the Owner not to exhibit sai d horse, Trainer shall, at Trainer's discretion, have the horse shown at the horse shows of his choice. Trainer shall provide any necessary transportation to and from said shows at the rate of _____ cents 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 fe es, stall and bedding fees, or other related charges incurred while horse is being shown or transported, i ncluding any and all lay-up charges in transit. This consists of $_______ per night and/or an allocation of the horse Owner's prorated expenses for all horses being shown by Trainer at the ti me said expenses were incurred in order to reimburse Trainer for Trainer's and Trainer's employee's expe nses, costs of grooms and related expenditures incurred while away from the Farm. _____________________ shall receive all trophies and ribbons. Owner shall receive ______% of all money earnings. Prior to the disbursement of any winnings, the party paying said entry fees shall be entitled to be reimbursed to the extent of _______% of said adva nces prior to all other such disbursements. 6. Death of Horse. It is hereby agreed that in the event of the de ath of the horse, sale of the horse, or if the horse becomes unfit to train, Trainer has the option of ac cepting 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. 7. Feed, Facilities, and Services. Trainer agrees to provide adequat e 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 f inds same in safe and acceptable order. 8. Risk of Loss and Standard of Care. During the time that the horse(s) is/are i n custody of Trainer, Trainer shall not be liable for any sickness, disease, estray, theft, death or injury which may be suffered by the horse(s) or any other cause of action whatsoeve r, arising out of or being connected in any way with the boarding of said horse(s), except in the e vent 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. The Owner fully understands that Trainer does not carry any insurance on any hors es not © 2017 - Cottonwood Equestrian Publications owned by it for boarding or for any other purposes, whether public liability, accident al 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. 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 l iable to Owner for equine death or injury in an amount in excess of Five Thousand Dollars ($5,000) per ani mal. Owner agrees to obtain equine insurance for any animals valued in excess of Five Thousand Dollars ($5,000), at Owner's expense, or forego any claim for amounts in excess of Five Thousand Dollars ($5,000). Owner agrees to disclose this entire agreement to Owner's i nsurance company and provide Trainer with the company's name, address and policy number. Fa ilure to disclose insurance information shall be at Owner's risk. 9. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities such as described bel ow, and hereby expressly assumes all risks associated with participating in such activit ies. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, runni ng, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result i n 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 i n a negligent manner that may contribute to injury to the participant or others, such as failing to maintai n control over the a nimal or not acting within such participant’s ability. Owner expressly releases Stable from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by the laws of t his State) by Stable or its representatives, agents or employees. WARNING Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of participating in this domestic animal activity. 10. Hold Harmless. Owner agrees to hold Trainer harmless from any and a ll 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 prope nsities 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 remov e said horse within seven (7) days, and all expenses incurred for the horse's stay shal l be paid prior to departure. Upon payment of all fees, this contract shall be deemed terminated. © 2017 - Cottonwood Equestrian Publications 11. Emergency Care. Trainer agrees to attempt to contact Owner should T rainer 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). All costs of such care sec ured shall be paid by Owner within fifteen (15) days from the date Owner receives notice thereof, or T rainer is authorized, as Owner's agent, to arrange direct billing to Owner. Trainer shall assume that Owner desires surgical care if recommende d by a veterinarian in the event of colic, or other life-threatening illness, unless Traine r is instructed herein by Owner or on Owner's Information Sheets, that the horse(s) is/are not surgical candidates. Owner agrees to notify Trainer of any and all change of addresses, em ergency 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 unava ilable, 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). l2. Limitation of Actions. Any action or claim brought by Owner agai nst Trainer for breach of this Contract or for loss due to negligence must be brought within one (l) year of the date such claim or loss occurs. 13. 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. 14. Changes or Termination of This Agreement. It is agreed by the Part ies 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 unles s otherwise agreed upon by the parties. The posting of updated rate schedules in a conspicuous or open pl ace in Trainer's office shall constitute notice of any and all rate changes or regulat ion changes as may be deemed appropriate by Trainer. 15. Rules and Regulations. The Owner agrees to abide by all the rules a nd 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). 16. Right of Lien. The Owner is given notice that Trainer has a rig ht of lien as set forth in the laws of the State of Kansas, for the amount due for the board and kee p 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. How ever, Trainer will not be obligated to retain and/or maintain the horse(s) in questi on in the event the amount of the bill exceeds the anticipated unregistered value of the horse (s.) In the event Trainer exercises 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 Trai ner's representatives setting forth the material facts of the default and foreclosure as w ell as Trainer's compliance with foreclosure procedures as required by law. In the event collection of this ac count is turned over © 2017 - Cottonwood Equestrian Publications to an attorney, Owner agrees to pay all attorney's fees, costs, and other related expenses for which a minimum charge of $250.00 will be assessed. 17. Property in Storage on Trainer’s Premises . Owner may store certain tack and equipment on the premises of Trainer at no additional charge to Owner. Howev er, Trainer shall not be responsible for the theft, loss, damage or disappearance of any tack or equipment or other property stored at the facility as same is stored at the Owner's ris k. Trainer shall not be liable for the theft, loss, damage, or disappearance of any tack or equipment taken to hors e shows or clinics. Vehicles stored upon the premises will be subject to a $_____/day storage cost for all delinquent accounts. 18. 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 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. 19. 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 deeme d in full force and effect. OWNER (OR AUTHORIZED AGENT) By OWNER'S PARENT OR GUARDIAN (IF OWNER IS A MINOR) By Address: Telephone: (wk) (hm) By © 2017 - Cottonwood Equestrian Publications