Bill of Sale

Cottonwood Equestrian Publications - PDF Form Collection

BILL OF SALE WITHOUT WARRANTIES

WITNESS THIS AGREEMENT this day of , 20, by and between , hereinafter referred to as "Seller" and , hereinafter 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 UNDERSTANDS 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” CONDITION. 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 acknowledge 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:

BOARDING STABLE AGREEMENT

WITNESS THIS AGREEMENT this , by and between , hereinafter referred to as "Stable," and the individual 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, weekly, 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.

Security deposit: $. Initial charge: $ per .

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.

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.

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...

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.

6. Emergency Care. Stable is authorized to secure emergency, veterinary, and blacksmith care required for the health and well-being of said 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.

8. Shoeing and Worming. Owner agrees to provide the necessary shoeing and worming of the horse(s) as is reasonably necessary, at Owner's expense.

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. This Agreement may be changed or terminated upon thirty (30) days notice.

11. Rules and Regulations. The Owner agrees to abide by all the rules and regulations of the Stable.

12. Right of Lien. Stable has a right of lien as set forth in the laws of the State of North Carolina.

13. Property in Storage on Stable's Premises. 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 equine activities...

WARNING: Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities.

15. Entire Agreement. This contract represents the entire agreement between the parties.

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.

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.

HAULING RELEASE AND WAIVER

WITNESS THIS AGREEMENT this 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 specifically agrees that this Release and Waiver shall be construed as broadly and inclusively as permitted by the present laws of the State of North Carolina.

OWNER'S INFORMATION SHEET

Submitted To:

Owner's Name: Phone No. (h): (w):

Address: 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:

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:

AUTHORIZATION TO OBTAIN MEDICAL TREATMENT FOR MINOR CHILD

WITNESS THIS AGREEMENT AND AUTHORIZATION by and between , 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.

Name(s) of child(ren):

Health Insurance Carrier:

Plan or Identification No.:

Primary Healthcare Provider:

RELEASE OF LIABILITY OWNER/RIDER

WITNESS THIS AGREEMENT this by and between , hereinafter referred to as MANAGER and , hereinafter referred to as RIDER.

1. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities...

2. Rider agrees to hold harmless, indemnify and defend Manager against, and hold harmless from, any and all claims...

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.

4. Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim.

5. Rider agrees to waive the protection of any applicable statutes in this jurisdiction...

RELEASE OF LIABILITY PARENT/MINOR

WITNESS THIS AGREEMENT this by and between , hereinafter referred to as MANAGER and , and, if Rider is a minor, Rider's parent or guardian, .

1. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities...

2. RIDER (OR RIDER’S PARENT OR GUARDIAN) AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGER AGAINST ANY AND ALL CLAIMS...

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.

4. Any action brought under this agreement shall be brought within one (1) year of the incident or accident giving rise to said claim.

5. Rider agrees to waive the protection of any applicable statutes in this jurisdiction...

INSTALLMENT PURCHASE AND SECURITY AGREEMENT WITH LIMITED WARRANTIES

1. PARTIES:

Seller: Home Phone

Address: Business Phone

Buyer: Home Phone

Address: Business Phone

2. HORSE(S) PURCHASED: Sire X Dam Foaled Sex Registration #

3. PURCHASE PRICE:

4. WARRANTY OF PEDIGREE AND REGISTRATION: Seller warrants the description stated above.

5. LIMITED WARRANTY PURCHASE: Express warranties:

6. All parties signing as Buyer are jointly and severally liable for all obligations of this contract.

7. PREPAYMENT PRIVILEGE: Buyer may prepay any portion of the unpaid principal balance at any time.

8. ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES: Buyer accepts the horse(s) by signing this contract...

9. BUYER'S WARRANTIES: Buyer shall provide adequate feed, shelter, worming, vaccinations, veterinary care and farrier care.

10. INSURANCE AND INDEMNIFICATION: Buyer shall promptly obtain and maintain "full mortality" livestock insurance...

11. SECURITY INTEREST: Buyer grants Seller a security interest in the horse(s) and all its offspring, produce and proceeds.

12. BUYER'S DEFAULT AND CURE: Should Buyer default in the timely payment of any principal or interest...

13. SELLER'S REMEDIES ON DEFAULT: Seller may take possession of the horse(s) without further notice to Buyer and without legal process, to the extent permitted by law.

14. NON-ASSIGNABILITY AND DUE ON SALE: Buyer's interest may not be assigned or sold without Seller's prior written consent.

15. NOTICES: All notices shall be in writing and mailed by registered or certified U.S. Mail.

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.

17. ENTIRE AGREEMENT AND SEVERABILITY: This contract contains the entire understanding of the parties.

INSTALLMENT PURCHASE AND SECURITY AGREEMENT WITHOUT WARRANTIES

1. PARTIES:

Seller: Buyer:

2. HORSE(S) PURCHASED:

3. PURCHASE PRICE:

4. WARRANTY OF PEDIGREE AND REGISTRATION: Seller warrants the description stated above.

5. AS IS PURCHASE: Buyer accepts the horse(s) AS IS-WHERE IS and subject to any and all faults or defects that may now exist or subsequently appear.

6. All parties signing as Buyer are jointly and severally liable for all obligations of this contract.

7. PREPAYMENT PRIVILEGE: Buyer may prepay any portion of the unpaid principal balance at any time.

8. ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES: Buyer accepts the horse(s) by signing this contract.

9. BUYER'S WARRANTIES: Buyer shall provide adequate feed, shelter, worming, vaccinations, veterinary care and farrier care.

10. INSURANCE AND INDEMNIFICATION: Buyer shall promptly obtain and maintain "full mortality" livestock insurance.

11. SECURITY INTEREST: Buyer grants Seller a security interest in the horse(s) and all its offspring, produce and proceeds.

12. BUYER'S DEFAULT AND CURE: Should Buyer default in the timely payment of any principal or interest...

13. SELLER'S REMEDIES ON DEFAULT: Seller may take possession of the horse(s) without further notice to Buyer and without legal process, to the extent permitted by law.

14. NON-ASSIGNABILITY AND DUE ON SALE: Buyer's interest may not be assigned or sold without Seller's prior written consent.

15. NOTICES: All notices shall be in writing and mailed by registered or certified U.S. Mail.

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.

17. ENTIRE AGREEMENT AND SEVERABILITY: This contract contains the entire understanding of the parties.

PRE-PURCHASE RECOMMENDATIONS

TO: ALL BUYERS

FROM:

RE: PROPOSED PURCHASE OF ANY HORSE

1. Have your horse "vetted out." Your veterinarian should be contacted and requested to perform a pre-purchase examination of any horse you might consider purchasing.

2. Realize your limitations.

3. Ask questions.

4. Remember that what you see is what you get.

5. Inherent Risks. Participants must acknowledges there are inherent risks associated with equine activities...

PROMISSORY NOTE

$ , 20

FOR VALUE RECEIVED, The undersigned:

jointly and severally promise to pay to the order of:

the principal sum of $ together with simple interest thereon at the rate of percent per annum from the date hereof until paid.

PRINCIPAL / INTEREST / TOTAL AMOUNT DUE / DUE DATE

This note may be prepaid in whole or in part at any time without penalty.

This is the note referred to in the Installment Purchase and Security Agreement between the same parties of even date herewith and is secured according to the security agreement contained therein.

BUYER:

FACILITY USE AGREEMENT - SHOW OR CLINIC

WITNESS THIS AGREEMENT this by and between , hereinafter referred to as "Farm," and , hereinafter referred to as "User."

Dates of use: Total due: $

Concession stand use: Yes No

User shall be construed and considered as an Independent Contractor for all purposes arising under this Agreement.

User agrees to obtain executed Releases from any and all clients of User who may use, occupy or otherwise obtain services from User upon Farm's premises.

WARNING: Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities.

User further agrees to hold Farm harmless and defend it from any and all claims, demands, judgments, orders, or liability whatsoever arising as a proximate result of any activity of User.

STALLION SERVICE CONTRACT

WITNESS THIS AGREEMENT this between , hereinafter referred to as "Farm," and , hereinafter referred to as "Mare Owner."

Mare name: Registry: Registration No.:

Stallion:

Booking fee: $ Stallion service fee: $

Mare care rates: Dry field $ Wet field $ Wet barn $ Dry barn $

General Conditions: Live Foal contract, Coggins test required, veterinary care authorized, and other terms as stated.

Additional agreements should be separately initialed by each party. If none, check here

TRAINER’S FACILITY USE AGREEMENT

WITNESS THIS AGREEMENT this by and between , hereinafter referred to as "Stable," and , hereinafter referred to as "Trainer."

Trainer shall be entitled to the use of Stable's facilities for a total of percent from all revenues derived from Trainer's endeavors on Stable's property.

Trainer agrees to provide a Certificate of Insurance and to obtain executed releases from clients.

Trainer further agrees to hold Stable harmless from any and all claims, demands, judgments, orders, or liability whatsoever arising as a proximate result of any activity of Trainer on premises of Stable.

WARNING: Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities.

Stable may terminate this Agreement at any time, with or without cause, upon notice to Trainer.

TRAINING CONTRACT

WITNESS THIS AGREEMENT this by and between and , and if Owner is a minor, Owner's parent or guardian.

Horse: Reg. No.:

1. Fees, Term, and Location. Fee: $ per month or $ per day.

2. Payment of Invoices. Invoices are payable upon receipt.

3. Veterinarian, Shoeing and Related Services. Trainer assumes responsibility for arranging veterinarian and farrier services as necessary.

4. Training of Horse. The Trainer shall train horse and perform all services in accordance with generally accepted professional standards.

5. Showing of Horse. Unless specifically advised by the Owner not to exhibit said horse, Trainer shall, at Trainer's discretion, have the horse shown at the horse shows of his choice.

6. Death of Horse. In the event of the death of the horse, sale of the horse, or if the horse becomes unfit to train, Trainer has the option of accepting another horse or terminating this agreement.

7. Feed, Facilities, and Services. Trainer agrees to provide adequate feed and facilities for normal and reasonable care required to maintain the health and well-being of the animals in training.

8. Risk of Loss and Standard of Care. During the time that the horse(s) is/are in custody of Trainer, Trainer shall not be liable except in the event of negligence.

9. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities...

10. Hold Harmless. Owner agrees to hold Trainer harmless from any and all claims arising from damage or injury caused by said horse(s) to anyone.

11. Emergency Care. Trainer is authorized to secure emergency veterinary and farrier care required for the health and well-being of said horse(s).

12. Limitation of Actions. Any action or claim brought by Owner against Trainer for breach of this Contract or for loss due to negligence must be brought within one (1) year.

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. This Agreement may be changed or terminated by Trainer upon thirty (30) days notice.

15. Rules and Regulations. The Owner agrees to abide by all the rules and regulations of the Trainer.

16. Right of Lien. Trainer has a right of lien as set forth in the laws of the State of North Carolina.

17. Property in Storage on Trainer’s Premises. 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.

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 deemed in full force and effect.