Fill and Sign the Aircraft Bill of Sale Eformscom

c 2000 Cottonwood Equestrian Publications BILL OF SALE WITHOUT WARRANTIES WITNESS THIS AGREEMENT this ______ day of _______________, 20____, by and between ________________, hereinafter referred to as "Seller" and __________________________________, hereina fter referred to as "Buyer." For and in consideration of the sum of $_________________, Seller agrees to sell and Buyer agrees to buy _________________ _____________________________, a ____________ horse, free and clear of all encumbrances. BUYER UNDER STANDS THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SAID ANIMAL AS ABOVE -DESCRIBED AND THAT SAID ANIMAL IS BEING SOLD IN AN “AS -IS” OR “WITH -ALL -FAULTS” C ONDITION. BUYER UNDERSTANDS AND ACKNOWLEDGES THAT BUYER HAS THE RIGHT TO HAVE A PRE -PURCHASE EXAMINATION PERFORMED BY THE VETERINARIAN OF HIS OR HER CHOICE AT HIS OR HER EXPENSE PRIOR TO EXECUTION OF THIS AGREEMENT. IN THE EVENT BUYER ELECTS NOT TO HAVE A VETERINARIAN PERFORM A PRE - PURCHASE EXAMINATION OF SAID HORSE AS ABOVE -DESCRIBED, BUYER WAIVES ANY AND ALL RIGHTS, CLAIMS OR CAUSES OF ACTION AGAINST SELLER FOR ANY PATENT OR LATENT DEFECTS PERTAINING TO THE ANIMAL AS ABOVE -DESCRIBED. The parties ackno wledge that all dealing between them with regard to representations, conditions of sale and terms of payment are hereby merged with the terms of this agreement. The purchase price as above -stated is due under the following conditions: SELLER: By________________________ BUYER By____________________________ c 2000 Cottonwood Equestrian Publications BOARDING STABLE AGREEMENT WITNESS THIS AGREEMENT this ______ day of _____________, 20__, by and between ________________, hereinafter referred to as "Stable," and the indivi dual or individuals undersigned, hereinafter referred to as "Owner." 1. Fees, Term, and Location . Owner acknowledges and accepts those terms set forth in the rate schedule applicable on the date above as issued by Stable, whether said rates be daily, we ekly, or monthly. Payment shall be issued in accordance with that rate schedule on a timely basis. Any charges not paid in a timely manner shall be subject to finance charges set forth in the rate schedule. In the event the subject animal is removed fro m the premises for any reason and returned, this agreement shall be deemed reinstated at rates applicable at the time of said return. Stable reserves the right to notify Owner within fifteen (15) days of the horse's arrival if the horse, in Stable's opini on is deemed to be dangerous or undesirable for Stable's establishment. In such case, Owner shall be solely responsible for removing the horse within seven (7) days of said notice and for all fees incurred during the horse's presence upon the premises. T his Contract shall be deemed terminated and concluded upon the payment of all fees. The boarding fee is due upon the first of the preceding month. In the event said payment is overdue by ten (10) days, Stable shall be entitled to exert a lien against said horse, and the property upon the premises as more further described below, for any amounts due, and shall be entitled to enforce said lien and foreclose its interest against said horse and/or equipment for the amount due in accordance with the laws of the State of Arizona. A security deposit of $______, payable with this Contract, shall be refunded to Owner within thirty (30) days of the date of completion of this Contract. The initial monthly/weekly/daily (circle one) charge applicable to the servic es as set forth below shall be $_________ per day/week/month (circle one). 2. Description of Horse(s) to be Boarded . Owner agrees to submit a fully complete Owner Information Sheet for each horse boarded upon execution of this agreement. The terms and conditions set forth herein shall be applicable to each and every animal boarded by Owner. 3. Feed, Facilities, and Services . Stable agrees to provide adequate feed and facilities for normal and reasonable care required to maintain the health and well -being of the animals. Owner acknowledges Owner has inspected the facilities and finds same in safe and proper order. The standard services to be provided herein and the charges therefor are as posted in the office of Stable and are subject to change at St able's discretion. 4. Risk of Loss and Standard of Care . DURING THE TIME THAT THE HORSE(S) IS/ARE IN CUSTODY OF STABLE, STABLE SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY WHICH MAY BE SUFFERED BY THE HORSE(S) OR ANY OTH ER CAUSE OF ACTION, WHATSOEVER, ARISING OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOARDING OF SAID HORSE(S), EXCEPT IN THE EVENT OF NEGLIGENCE ON THE PART OF STABLE, ITS AGENTS, AND/OR EMPLOYEES. This includes, but is not limited to, any personal inju ry or disability the horse Owner, or Owner's guest, may receive on Stable's premises. c 2000 Cottonwood Equestrian Publications The Owner fully understands that Stable does not carry any insurance on any horse(s) not owned by it for boarding or for any other purposes, whether publi c liability, accidental 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 Stable are to be borne by the Owner. Stable strongl y recommends equine mortality insurance be obtained applicable to the subject horse(s) by Owner. THE STANDARD OF CARE APPLICABLE TO STABLE IS THAT OF ORDINARY CARE OF A PRUDENT HORSE OWNER AND NOT AS A COMPENSATED BAILEE. IN NO EVENT SHALL STABLE BE HE LD LIABLE TO OWNER FOR EQUINE DEATH OR INJURY IN AN AMOUNT IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000) PER ANIMAL. OWNER AGREES TO OBTAIN EQUINE INSURANCE FOR ANY ANIMALS VALUED IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000), AT OWNER'S EXPENSE, OR FOREGO AN Y CLAIM FOR AMOUNTS IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000). OWNER AGREES TO DISCLOSE THIS ENTIRE AGREEMENT TO OWNER'S INSURANCE COMPANY AND PROVIDE STABLE WITH THE COMPANY'S NAME, ADDRESS AND POLICY NUMBER. FAILURE TO DISCLOSE INSURANCE INFORMATION SHALL BE AT OWNER'S RISK. 5. Hold Harmless . Owner agrees to hold Stable harmless from any and all claims arising from damage or injury caused by owner’s horse(s) to anyone, and defend Stable from any such claims. Owner agrees to disclose any and all ha zardous or dangerous propensities of horse(s) boarded with Stable. 6. Emergency Care . Stable agrees to attempt to contact Owner should Stable feel that medical treatment is needed for said horse(s), but, if Stable is unable to contact Owner, Stable 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 secured shall be paid by Owner within fifteen (15) days from the date Owner receives notice thereof, or St able is authorized, as Owner's agent, to arrange direct billing to Owner. STABLE SHALL ASSUME THAT OWNER DESIRES SURGICAL CARE IF RECOMMENDED BY A VETERINARIAN 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 SURGI CAL CANDIDATES. Owner agrees to notify Stable of any and all change of addresses, emergency telephone numbers, itineraries or other information reasonably necessary to contact Owner in the event of an emergency. In the event Owner departs for vacation o r is otherwise unavailable, prior to departure Owner shall notify Stable 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). 7. Limitation of Actions . Any action or claim brought by Owner against Stable for breach of this Contract or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs. c 2000 Cottonwood Equestrian Publications 8. Shoeing and Worming . Owner agrees to provide the necessary shoeing a nd worming of the horse(s) as is reasonably necessary, at Owner's expense. Owner agrees to provide Stable with all health records with 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 Stable within thirty (30) days from the date of such services or veterinary treatment, Stable is authorized to arrange for such treatment, but not obligated to do so; such expense shall be the obliga tion of Owner, and upon presentation by Stable of the bill for such services rendered, including service charges, any bill shall be paid within fifteen (15) days from the date the bill is submitted to the Owner. 9. Ownership -Coggins Test . Owner warrants that he owns the horse(s) and will provide proof satisfactory to Stable of the negative Coggins test upon request. 10. Changes or Termination of This Agreement . It is agreed by the parties that th is Agreement may be changed or terminated upon thirty (30) days notice, regardless of the rental period. All notices must be issued in writing unless otherwise agreed upon by the parties. The posting of updated rate schedules in a conspicuous or open pla ce in Stable's office shall constitute notice of any and all rate changes or regulation changes as may be deemed appropriate by Stable. 11. Rules and Regulations . The Owner agrees to abide by all the rules and regulations of the Stable. 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). 12. Right of Lien . The Owner is put on notice that Stable has a right of lien as set forth in the laws of the State of Arizona, for the amount due for the board and keep of such horse(s), and also for storage and services, and shall have the right, without process of law, to retain said horse(s) until the amount of said indebtedness is discharged. However, Stable will not be obligated to retain and/or maintain the horse(s) in question in the event the amount of the bill exceeds the anticipated unregistered value of the horse(s). In the event Stable exercises Stable's lien rights as above -describe d 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 Stable's representatives setting forth the material fac ts of the default and foreclosure as well as Stable's compliance with foreclosure procedures as required by law. In the event collection of this account is turned over to an attorney, Owner agrees to pay all attorney's fees, costs, and other related expen ses for which a minimum charge of $250.00 will be assessed. 13. Property in Storage on Stable's Premises . Owner may store certain tack and equipment on the premises of Stable at no additional charge to Owner. However, Stable shall not be respo nsible for the theft, loss, damage or disappearance of any tack or equipment or other property stored at Stable as same is stored at the Owner's risk. Stable shall not be liable for the theft, loss, damage, or disappearance of any tack or equipment taken to horse shows or clinics. Vehicles stored upon the premises will be subject to a $______/day storage cost for all delinquent accounts. 14. Inherent Risks and Assumption of Risk . The undersigned acknowledges there are inherent risks associated with eq uine activities such as described below, and hereby expressly c 2000 Cottonwood Equestrian Publications 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, bi ting, 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 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 in a negligent manner that may contribute to injury t o the participant or others, such as failing to maintain control over the animal 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 neglige nce (if allowed by the laws of this State) by Stable or its representatives, agents or employees. WARNING An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if: 1. The person has taken control of the equine from the owner or agent when the injury or death occurs. 2. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine. 3. The owner or agent has properly installed suitable tack or equipment or the person has person ally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack. 4. The owner or agent assigns the p erson to a suitable equine based on a reasonable interpretation of the person's representation of his skills, health and experience with and knowledge of equines. 15. 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 Arizona, and shall be enforced and interpreted in accordance with the laws of said State. 16. Enforceability of Contract . 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. c 2000 Cottonwood Equestrian Publications OWNER (OR AUTHORIZED AGENT) By OWNER'S PARENT OR GUARDIAN (IF OWNER IS A MINOR Address: Telephone : (wk) (hm) By c 2000 Cottonwood Equestrian Publications DISCLAIMER OF WARRANTIES Date: Horse Purchased: Sold To: Sold By: Notice is hereby given that with respect to the sale of the above horse to the above purchaser, there are no warranties with regard to said horse, either express or implied , including, but not limited to, any IMPLIED WARRANTY OF FITNESS, IMPLIED WARRANTY OF MERCHANTABILITY, SPECIFIC PURPOSE OR USE. Said horse as above -described is sold " AS IS -WHERE IS " with all risks pertaining thereto to be borne by Purchaser. Purchaser acknowledges the right to have the horse examined by a veterinarian prior to purchase, including the taking of x -rays. SELLER: PURCHASER: c 2000 Cottonwood Equestrian Publications HAULING RELEASE AND WAIVER WITNESS THIS AGREEMENT this ______ day of _________________, 20__, by and between ________________, hereinafter referred to as "Management," and _______________________, hereinafter referred to as "Owner." Owner hereby authorizes Management to transport, haul, and/or trailer any horse(s) requested to horse shows, equestrian events, rodeos, sales, or other events upon request of Owner. OWNER HEREBY RELEASES, WAIVES AND DISCHARGES MANAGEMENT, ITS REPRESENTATIVES, EMPLOYEES AND AGENTS FROM ANY AND ALL LIAB ILITY OR OBLIGATION FOR ANY AND ALL LOSS, DAMAGE, CLAIM OR LIABILITY WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THE TRANSPORTATION OF SAID HORSE(S). Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks a ssociated 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, run ning, 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 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 in a negligent manner that may contr ibute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability. WARNING An equine owner or an agent of an equine owner who regardless of consideration allows another per son to take control of an equine is not liable for an injury to or the death of the person if: 5. The person has taken control of the equine from the owner or agent when the injury or death occurs. 6. The person or the parent or legal guardian of the per son if the person is under eighteen years of age has signed a release before taking control of the equine. 7. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, le ased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack. 8. The owner or agent assigns the person to a suitable equine based on a reasonable inte rpretation of the person's representation of his skills, health and experience with and knowledge of equines. Owner specifically agrees that this Release and Waiver shall be construed as broadly and inclusively as permitted by the present laws of the St ate of Arizona, and that if any portion hereof shall be held invalid or unenforceable, it is specifically agreed that the remaining portions of this Agreement shall continue in full force and effect. c 2000 Cottonwood Equestrian Publications Owner further hereby releases and discharges the above -described entities and individuals, their heirs, successors, assigns, personal representatives or other representatives from and against any and all claims, demands, actions, or claims of any injury whatsoever, either in law or in equity arising out of or in any way pertaining to any injury or death which may result from any accident occurring while Management is transporting the horse(s) as above -described. OWNER c 2000 Cottonwood Equestrian Publications OWNER'S INFORMATION SHEET Submitted To: _______________ (Fill out one for each horse boarded.) Owner's Name Phone No. (h) (as recorded with the Registry) (w) Address Street City State Zip Horse's Name and Number Foaled Color Markings Anticipated arrival date Foal at Side? Sire of Foal Date/last foaling Does Horse have any dangerous propensities? If yes, describe: Stallion to which mare shall be bred: Medical History of Horse: Colic Frequency Founder When Allergies, if known Other Tetanus Toxoid Date VEE Encephalomyelitis (sleeping sickness), Eastern & Western Strains Date of last worming Coggins Test Feeding Program: Hay type Amount Grain type(s) Amount Pellets Amount Known allergies to feeds Special Care Requirements Habits To be contacted in case of emergency, if owner cannot be reached: Name Phone Number Address Is Horse insured? Insurance Carrier Policy # Carrier's Address Insurance contact for emergencies and phone number: Veterinary emergency contact: Name Phone Number This Horse is/is not considered a surgical candidate in the event of colic or serious illness (check one). _______IS ______IS NOT Owner's Initials__________ c 2000 Cottonwood Equestrian Publications LESSON, HORSE RENTAL, AND ARENA USE RELEASE WITNESS THIS RELEASE d ated this ______ day of _____________, 20__, by and between ____________, hereinafter referred to as Management, and ______________________, hereinafter referred to as User, and, if User is a minor, User's parent or guardian, ______________________________ ______. For consideration received, and in return for the use, today and on all future dates of the property, facilities and services of Management, Management's instructors, employees, drivers and agents; User, User's heirs, assigns, and representatives, hereby agree as follows: 1. 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 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 in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such partic ipant’s ability. User acknowledges that horses, by their very nature are unpredictable and subject to animal whim. User assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. User agrees t o abide by and follow Manager's rules and regulations which, shall be posted and/or available from time to time. User further acknowledges that the behavior of any animal is contingent to some extent upon the ability of User. User assumes all risks there for and warrants a full and fair disclosure of Rider's abilities has been made to Manager. User expressly releases Management from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by the laws of this Sta te) by Management or its representatives, agents or employees. WARNING An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the pe rson if: 9. The person has taken control of the equine from the owner or agent when the injury or death occurs. 10. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking c ontrol of the equine. 11. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assume s full responsibility for the suitability, installation and condition of the tack. 12. The owner or agent assigns the person to a suitable equine based on a reasonable c 2000 Cottonwood Equestrian Publications interpretation of the person's representation of his skills, health and experience with and knowledge of equines. 2. User agrees to assume any and all risks involved in or arising out of User's use of any equipment or livestock pertaining to the rental of horses or taking of riding lessons, the use of any arena on the premises of Managem ent and for purposes of taking riding lessons either on the premises or lessons given off the premises by Management personnel. 3. USER (OR USER’S PARENT OR GUARDIAN IF USER IS A MINOR) AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGEMENT AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH USER'S USE OF OR PRESENCE UPON THE PROPERTY OF MANAGEMENT AND THE FACILITI ES LOCATED THEREON. In the event User is a minor, the parent or guardian shall further indemnify, defend and hold Management harmless from any such claims by said minor child. 4. In the event User is using User's own horse, or a horse(s) not owned by M anagement, User warrants said horse(s) shall be free from infection, contagious or transmittable diseases. Management reserves the right to refuse access or use of any horse upon the premises that does not appear to Management to be in good health, or is deemed dangerous or undesirable. 5. Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim. User agrees that damages shall be limited to $250 for property damage, actual expense s incurred, and a maximum of $10,000 for non - consequential damages such as pain and suffering. 6. User agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release. Management User Parent or Guardian if User is A Minor ©2000 Cottonwood Equestrian Publications MARE INFORMATION SHEET To Be Kept By: ____________ (Fill out one for each mare to be bred) Owner's Name Phone No. (h) (as recorded with the Registry) (w) Address Street City State Zip Horses Name and Number Foaled Color Markings Anticipated arrival date Foal at Side? Sire of Foal Date/last foaling Does Horse have any dangerous propensities? If yes, describe: Stallion to which mare shall be bred: Medical History of Horse: Colic Frequency Founder When Allergies, if known Other Tetanus Toxoid Date VEE Encephalomyelitis (sleeping sickness), Eastern & Western Strains Date of last worming Coggins Test Feeding Program: Hay type Amount Grain type(s) Amount Pellets Amount Known allergies to feeds Special Care Requirements Habits To be contacted in case of emergency, if owner cannot be reached: Name Phone Number Address Is Horse insured? Insurance Carrier Policy # Carrier's Address Insurance contact for emergencies and phone number: Veterinary emergency contact: Name Phone Number This Horse is/is not considered a surgical candidate in the event of colic or serious illness (check ©2000 Cottonwood Equestrian Publications one). _____IS _______IS NOT Owner's Initials_______ ©2000 Cottonwood Equestrian Publications AUTHORIZATION TO OBTAIN MEDICAL TREATMENT FOR MINOR CHILD WITNESS THIS AGREEMENT AND AUTHORIZATION by and between FARM NAME, hereinafter referred to as "Management," and ________________________________, hereinafter referred to as "Parent." Management is hereby authorized to obtain any and all medical treatment Management deems reasonably necessary for my minor child and/or children. Parent or guardian agrees to bear any cost connected therewith and shall pay promptly upon billing by the health care provider. Management shall incur no financial liability for medical treatment obtained pursuant to this authorization. Name(s) of child(ren) Social Security No. Health Insurance Carrier: Plan or Identification No. Primary Healthcare Provider Signature of Parent or Guardian State of Arizona County of ______________________________ The foregoing instrument was acknowledged before me this _________ day of ______________________, ____________, by _____________________________ (person). _________________________________ My Commission Expires: NOTARY PUBLIC ____________________ Pr int Name: ______________________ ©2000 Cottonwood Equestrian Publications RELEASE OF LIABILITY OWNER/RIDER WITNESS THIS AGREEMENT this ______ day of _________________, 20__, by and between _______________, hereinafter referred to as MANAGER and ________________________, hereinafter referred to as RIDER. For consideration received, and in return for the use, to day and on all future dates of the property, facilities and services of Manager, Rider, Rider's heirs, assigns, and representatives, hereby agree as follows: 1. 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, r unning, 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 equine’s reaction to such things as sounds, sudden movement and unfamili ar 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 con tribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant’s ability. Rider acknowledges that horses, by their very nature are unpredictable and subject to animal whim. Ride r assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. Rider agrees to abide by and follow Manager's rules and regulations which, shall be posted and/or available from time to time. Rider fu rther acknowledges that the behavior of any animal is contingent to some extent upon the ability of Rider. Rider assumes all risks therefor and warrants a full and fair disclosure of Rider's abilities has been made to Manager. Rider expressly releases M anager from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by the laws of this State) by Manager or its representatives, agents or employees. WARNING An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if: 13. The person has taken control of the equine from the owner or agent when the injury or death occurs. 14. The p erson or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine. 15. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack. ©2000 Cottonwood Equestrian Publications 16. The owner or agent assigns the pers on to a suitable equine based on a reasonable interpretation of the person's representation of his skills, health and experience with and knowledge of equines. 2. Rider agrees to hold harmless, indemnify and defend Manager against, and hold harmless fro m, any and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, including attorney's fees, whether actually incurred or not, which may in any way arise from or be in any way connected with Rider's use of or presence upon th e property of Manager and the facilities located thereon. 3. In the event Rider is using Rider's own horse, or a horse(s) not owned by Manager, Rider warrants said horse(s) shall be free from infection, contagious or transmittable diseases. Manager rese rves the right to refuse access or use of any horse upon the premises that does not appear to Manager to be in good health, or is deemed dangerous or undesirable. 4. Any action brought under this agreement shall be brought within one (1) year of the inci dent or accident giving rise to said claim. Rider agrees that damages shall be limited to $250 for property damage, actual expenses incurred, and a maximum of $10,000 for damages such as pain and suffering. 5. Rider agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release. Manager Rider ©2000 Cottonwood Equestrian Publications RELEASE OF LIABILITY PARENT/MINOR WITNE SS THIS AGREEMENT this ______ day of _________________, 20__, by and between _________________________, hereinafter referred to as MANAGER and _______________________, hereinafter referred to as RIDER, and, if Rider is a minor, Rider's parent or guardian, ____________________________________. In consideration received, and in return for the use, today and on all future dates of the property, facilities and services of Manager, Manager's instructors, employees and agents; Rider, Rider's heirs, assigns, and representatives, hereby agree as follows: 1. 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 p articipating 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 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 oth er 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 or not acting wi thin such participant’s ability. Rider acknowledges that horses, by their very nature are unpredictable and subject to animal whim, which may include behavior including but not limited to their propensity to kick, bite, shy, buck, stumble, bolt, rear or general unpredictability. Rider assumes all risks in connection therewith, and expressly waives any claims for any injury or loss arising therefrom. Rider agrees to abide by and follow Manager's rules and regulations which, shall be posted and/or availa ble from time to time. Rider further acknowledges that the behavior of any animal is contingent to some extent upon the ability of Rider. Rider assumes all risks therefor and warrants a full and fair disclosure of Rider's abilities has been made to Manag er. Rider expressly releases Manager from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by the laws of this State) by Manager or its representatives, agents or employees. WARNING An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if: 17. The person has taken control of the equine from the owner or agent when the injury or death occurs. 18. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine. 19. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. ©2000 Cottonwood Equestrian Publications If the person has personally tacked the equine, the person assumes full respon sibility for the suitability, installation and condition of the tack. 20. The owner or agent assigns the person to a suitable equine based on a reasonable interpretation of the person's representation of his skills, health and experience with and knowledg e of equines. 2. RIDER (OR RIDER’S PARENT OR GUARDIAN) AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGER AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MAY IN A NY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH RIDER'S USE OF OR PRESENCE UPON THE PROPERTY OF MANAGER AND THE FACILITIES LOCATED THEREON. In the event rider is a minor, the parent or guardian shall further indemnify, defend and hold Manager harmless from any such claims by said minor child, regardless of any statute of limitations or contractual limitation of actions.. 3. In the event Rider is using Rider's own horse, or a horse(s) not owned by Manager, Rider warrants said horse(s) shall be free fro m infection, contagious or transmittable diseases. Manager reserves the right to refuse access or use of any horse upon the premises that does not appear to Manager to be in good health, or is deemed dangerous or undesirable. 4. Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim. Rider agrees that damages shall be limited to $250 for property damage, medical or other actual expenses incurred, and a maximum of $10,000 for dam ages such as pain and suffering. 5. Rider agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release. Manager Rider Parent or Guardian if Rider is a Minor ©2000 Cottonwood Equestrian Publications INSTALLMENT PURCHASE AND SECURITY AGREEMENT WITH LIMITED WARRANTIES 1. PARTIES: Seller: Name Home Phone Address Business Phone City, State, Zip County Buyer: Name Home Phone Address Business Phone City, State, Zip County 2. HORSE(S) PURCHASED: The Seller hereby agrees to sell and the Buyer hereby agrees to buy, upon the terms and conditions set forth, the following described horse(s), hereinafter referred to as "the horse(s)." Name Sire X Dam Foaled Sex Registration # With foal at side by in foal to ©2000 Cottonwood Equestrian Publications 3. PURCHASE PRICE: The total purchase price shall be _________ _____________________, payable according to the following terms: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ______________________ _______________________________________________________ Buyer shall maintain the purchased horse(s) in __________________(city) in the State of __________________. Registration papers shall be delivered to Buyer only upon full payment of all principal an d interest due. 4. WARRANTY OF PEDIGREE AND REGISTRATION: Seller warrants the description stated above. 5. LIMITED WARRANTY PURCHASE: Buyer accepts the horse(s) with only those warranties set forth below and subject to any and all other faults or defec ts that may now exist or subsequently appear. Express warranties: _____________________________________________________________________________ _____________________________________________________________________________ The express warranties above are exclusive of all others. ALL IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND OTHERWISE ARE EXCLUDED . 6. All parties signing as Buyer are jointly and severally liable for all obligations of this contract, as principals, not as guarantors. 7. PREPAYMEN T PRIVILEGE: Buyer may prepay any portion of the unpaid principal balance at any time. Prepayments shall apply to the last principal installments falling due. 8. ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES: Buyer accepts the horse(s) by sig ning this contract, and risk of loss passes immediately. Buyer is responsible for all board, veterinary and transportation expenses after the date hereof. Buyer shall make no claim for any breach of this contract, for recission or revocation, nor for any warranty, misrepresentation, mistake or other tort, unless Buyer first notifies Seller in writing of the basis and nature of the claim within thirty (30) days of the date of this contract. Buyer's remedies in contract, tort or otherwise are limited to re fund of all amounts paid, upon return of the horse(s) to Seller. ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE EXCLUDED to the full extent permitted by law. 9. BUYER'S WARRANTIES: Buyer shall provide adequate feed, shelter, worming, vaccinations, veterinary care and farrier care. Buyer shall keep the horse(s) free of all liens and encumbrances and pay all taxes levied with respect to the horse(s) when due. Buyer shall be responsible fo r all sales, transaction privilege and other taxes that may imposed as a result of this transaction. Buyer warrants that this purchase is for business or commercial purposes rather than for personal use. Buyer shall not remove the horse(s) from the Count y identified in Paragraph 1 ©2000 Cottonwood Equestrian Publications above for longer than three (3) months unless Seller is given advance written notice of the new location. 10. INSURANCE AND INDEMNIFICATION: Buyer shall promptly obtain and maintain "full mortality" livestock insurance i n an amount not less than any unpaid balance on this contract, naming Seller as additional loss payee to the extent of Seller's interest. Buyer shall provide Seller proof of such insurance, from a company acceptable to Seller, upon execution of this contr act and upon each renewal. Buyer shall indemnify Seller against any claims arising out of this contract or related in any way to the horse(s), including the expenses of defending any such claim. 11. SECURITY INTEREST: To secure performance of all obliga tions of this contract, Buyer grants Seller a security interest in the horse(s) and all its offspring, produce and proceeds, including all foals born or in utero on or after the date hereof. Buyer shall execute such documents and perform such acts as may be required for Seller to perfect the security interest and insure its validity and enforceability, including but not limited to execution of UCC -1 Financing Statement. Seller is also authorized to file or record a photocopy of this contract as a financin g statement. 12. BUYER'S DEFAULT AND CURE: Should Buyer default in the timely payment of any principal or interest, or fail to fulfill any other obligation of this contract, the entire unpaid balance shall, upon written notice to Buyer of late payment or other default, automatically become due and payable together with interest on all amounts due at the rate of eighteen percent (18%) per annum, or the highest legal rate, whichever is less, from the date of such default until paid. Buyer may cure the defa ult and reinstate the installment payment schedule within thirty (30) days of the mailing of the first notice of late payment or other default. Time is of the essence. 13. SELLER'S REMEDIES ON DEFAULT: Upon any default by Buyer that is not timely cure d following proper notice, Seller shall have all rights and remedies provided by law, cumulatively, successively or concurrently, including but not limited to the following. Seller may take possession of the horse(s) without further notice to Buyer and wi thout legal process, to the extent permitted by law. Seller may require Buyer, and Buyer hereby agrees, to make the horse(s) available to Seller at the location of this sale or other place convenient to both parties. To protect the collateral, Seller may pay any taxes or liens levied on the horse(s) and may provide insurance, feed, shelter, conditioning, worming, vaccinations, veterinary care or farrier care on Buyer's behalf and add such costs and expenses to the principal amount due under this contract. Seller may resell by public or private sale; if by private sale, Seller's customary methods of attracting potential buyers without public advertising shall be deemed reasonable. Ten (10) days' notice shall be deemed reasonable notice of resale. No dela y or omission by Seller in exercising any right or remedy shall operate as a waiver of that or any other right or remedy, and no waiver of any Buyer's breach of Seller's right or remedy shall be deemed a waiver of any other or future breach, right or remed y. 14. NON -ASSIGNABILITY AND DUE ON SALE: Buyer's interest in the horse(s), foal(s), breeding right(s) and other rights and obligations under this contract may not be assigned or sold ©2000 Cottonwood Equestrian Publications without Seller's prior written consent, which shall not be unreasonabl y withheld. All amounts due hereunder shall become immediately due and payable without notice if Buyer should sell or assign Buyer's interest in the horse(s), foal(s), breeding right(s), or obligations under this contract, or purport to do so, without Sel ler's prior written consent. 15. NOTICES: All notices, requests and consents required or permitted by this contract or for any other purpose shall be in writing, signed and personally delivered or mailed by registered or certified U.S. Mail to the appro priate address specified in paragraph 1 above, or such other address of which the sender has been given written notice. 16. APPLICABLE LAW, JURISDICTION AND ATTORNEY'S FEES: This contract shall be construed and governed by the laws of the state identifie d above the signature lines. At the option of Seller, jurisdiction and venue for any dispute arising under or in relation to this contract shall be only in the county and state identified above the signature lines. In the event lawsuit is brought with re spect to this contract or Seller engages an attorney to repossess the horse(s), or collect amounts due, the prevailing party shall be entitled to reasonable attorneys' fees. 17. ENTIRE AGREEMENT AND SEVERABILITY: This contract contains the entire underst anding of the parties concerning its subject matter; there are no oral or written promises or representations upon which Buyer is relying except as expressly set forth herein. This contract may be modified only in writing executed by both Buyer and Seller . Headings are for convenience only and are not part of this contract. The invalidity or unenforceability of any term or clause of this contract shall not affect the validity and enforceability of any other terms or clauses, but otherwise this contract i s indivisible notwithstanding allocation of prices the parties may agree upon for tax, insurance or other reasons. Dated _____________, 20__, at __________________(city), Arizona. SELLER BUYER has read and accepts all terms appear ing on all pages of this contract. By: By: By: _________________________ By: ________________________________ c 2000 Cottonwood Equestrian Publications INSTALLMENT PURCHASE AND SECURITY AGREEMENT WITHOUT WARRANTIES 1. PARTIES: Seller: Name Home Phone Address Business Phone City, State, Zip County Buyer: Name Home Phone Address Business Phone City, State, Zip County 2. HORSE(S) PURCHASED: The Seller hereby agrees to sell and the Buyer hereby agrees to buy, upon the terms and conditions set forth, the following described horse(s), hereinafter referred to as "the horse( s)." Name: Sire X Dam Foaled Sex Registration # With foal at side by in foal to 3. PURCHASE PRICE: The total purchase price shall be _________ _____________________, payable according to the following terms: ______________________________________________________________________________ ____________________________________________________ __________________________ ______________________________________________________________________________ ______________________________________________________________________________ Buyer shall maintain the purchased horse(s) in __________________(city in the State of __________________. Registration papers shall be delivered to Buyer only upon full payment of all principal and c 2000 Cottonwood Equestrian Publications interest due. 4. WARRANTY OF PEDIGREE AND REGISTRATION: Seller warrants the description stated above. 5. AS IS PURCHASE: Bu yer accepts the horse(s) AS IS -WHERE IS and subject to any and all faults or defects that may now exist or subsequently appear. The express warranty of description above is exclusive of all others. ALL IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND O THERWISE ARE EXCLUDED . 6. All parties signing as Buyer are jointly and severally liable for all obligations of this contract, as principals, not as guarantors. 7. PREPAYMENT PRIVILEGE: Buyer may prepay any portion of the unpaid principal balance at a ny time. Prepayments shall apply to the last principal installments falling due. 8. ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES: Buyer accepts the horse(s) by signing this contract, and risk of loss passes immediately. Buyer is responsible for all board, veterinary and transportation expenses after the date hereof. Buyer shall make no claim for any breach of this contract, for recission or revocation, nor for any warranty, misrepresentation, mistake or other tort, unless Buyer first notifie s Seller in writing of the basis and nature of the claim within thirty (30) days of the date of this contract. Buyer's remedies in contract, tort or otherwise are limited to refund of all amounts paid, upon return of the horse(s) to Seller. ALL INCIDENTA L AND CONSEQUENTIAL DAMAGES ARE EXCLUDED to the full extent permitted by law. 9. BUYER'S WARRANTIES: Buyer shall provide adequate feed, shelter, worming, vaccinations, veterinar y care and farrier care. Buyer shall keep the horse(s) free of all liens and encumbrances and pay all taxes levied with respect to the horse(s) when due. Buyer shall be responsible for all sales, transaction privilege and other taxes that may imposed as a result of this transaction. Buyer warrants that this purchase is for business or commercial purposes rather than for personal use. Buyer shall not remove the horse(s) from the County identified in Paragraph 1 above for longer than three (3) months unle ss Seller is given advance written notice of the new location. 10. INSURANCE AND INDEMNIFICATION: Buyer shall promptly obtain and maintain "full mortality" livestock insurance in an amount not less than any unpaid balance on this contract, naming Seller as additional loss payee to the extent of Seller's interest. Buyer shall provide Seller proof of such insurance, from a company acceptable to Seller, upon execution of this contract and upon each renewal. Buyer shall indemnify Seller against any c laims arising out of this contract or related in any way to the horse(s), including the expenses of defending any such claim. 11. SECURITY INTEREST: To secure performance of all obligations of this contract, Buyer grants Seller a security interest in the horse(s) and all its offspring, produce and proceeds, including all foals born or in utero on or after the date hereof. Buyer shall execute such c 2000 Cottonwood Equestrian Publications documents and perform such acts as may be required for Seller to perfect the security interest and insure its validity and enforceability, including but not limited to execution of UCC -1 Financing Statement. Seller is also authorized to file or record a photocopy of this contract as a financing statement. 12. BUYER'S DEFAULT AND CURE: Should Buyer default in t he timely payment of any principal or interest, or fail to fulfill any other obligation of this contract, the entire unpaid balance shall, upon written notice to Buyer of late payment or other default, automatically become due and payable together with int erest on all amounts due at the rate of eighteen percent (18%) per annum, or the highest legal rate, whichever is less, from the date of such default until paid. Buyer may cure the default and reinstate the installment payment schedule within thirty (30) days of the mailing of the first notice of late payment or other default. Time is of the essence. 13. SELLER'S REMEDIES ON DEFAULT: Upon any default by Buyer that is not timely cured following proper notice, Seller shall have all rights and remedies p rovided by law, cumulatively, successively or concurrently, including but not limited to the following. Seller may take possession of the horse(s) without further notice to Buyer and without legal process, to the extent permitted by law. Seller may requi re Buyer, and Buyer hereby agrees, to make the horse(s) available to Seller at the location of this sale or other place convenient to both parties. To protect the collateral, Seller may pay any taxes or liens levied on the horse(s) and may provide insuran ce, feed, shelter, conditioning, worming, vaccinations, veterinary care or farrier care on Buyer's behalf and add such costs and expenses to the principal amount due under this contract. Seller may resell by public or private sale; if by private sale, Sel ler's customary methods of attracting potential buyers without public advertising shall be deemed reasonable. Ten (10) days' notice shall be deemed reasonable notice of resale. No delay or omission by Seller in exercising any right or remedy shall operat e as a waiver of that or any other right or remedy, and no waiver of any Buyer's breach of Seller's right or remedy shall be deemed a waiver of any other or future breach, right or remedy. 14. NON -ASSIGNABILITY AND DUE ON SALE: Buyer's interest in the ho rse(s), foal(s), breeding right(s) and other rights and obligations under this contract may not be assigned or sold without Seller's prior written consent, which shall not be unreasonably withheld. All amounts due hereunder shall become immediately due an d payable without notice if Buyer should sell or assign Buyer's interest in the horse(s), foal(s), breeding right(s), or obligations under this contract, or purport to do so, without Seller's prior written consent. 15. NOTICES: All notices, requests and consents required or permitted by this contract or for any other purpose shall be in writing, signed and personally delivered or mailed by registered or certified U.S. Mail to the appropriate address specified in paragraph 1 above, or such other address of which the sender has been given written notice. 16. APPLICABLE LAW, JURISDICTION AND ATTORNEY'S FEES: This contract shall be construed and governed by the laws of the state identified above the signature lines. At the option of Seller, jurisdiction and venue for any dispute arising under or in relation to this contract shall be only in the county and state identified above the signature lines. In the event c 2000 Cottonwood Equestrian Publications lawsuit is brought with respect to this contract or Seller engages an attorney to repossess the horse(s), or collect amounts due, the prevailing party shall be entitled to reasonable attorneys' fees. 17. ENTIRE AGREEMENT AND SEVERABILITY: This contract contains the entire understanding of the parties concerning its subject matter; there are no oral or written promises or representations upon which Buyer is relying except as expressly set forth herein. This contract may be modified only in writing executed by both Buyer and Seller. Headings are for convenience only and are not part of this contract. The invalidity or unenforceability of any term or clause of this contract shall not affect the validity and enforceability of any other terms or clauses, but otherwise this contract is indivisible notwithstanding allocation of prices the parties may agre e upon for tax, insurance or other reasons. Dated _____________, 20__, at __________________(city), Arizona. SELLER BUYER has read and accepts all terms appearing on all pages of this contract By: By: By: By: Cottonwood Equestrian Publications -2000 PRE -PURCHASE RECOMMENDATIONS TO: ALL BUYERS FROM: ______________________________ RE: PROPOSED PURCHASE OF ANY HORSE It is not unusual for clients of any equestria n establishment to seek to purchase their own horse(s) after a period of either