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 PREPURCHASE 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:
SELLER:
By________________________
BUYER
By____________________________
© 2000 Cottonwood Equestrian Publications
BOARDING STABLE AGREEMENT
WITNESS THIS AGREEMENT this ______ day of _____________, 20__, 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. In the event the subject animal is removed from 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 opinion 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. This 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 North Carolina. 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 services 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 Stable'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 OTHER 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 injury
or disability the horse Owner, or Owner's guest, may receive on Stable's premises.
The Owner fully understands that Stable does not carry any insurance on any horse(s) not
c 2000 Cottonwood Equestrian Publications
owned by it for boarding or for any other purposes, whether public 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 strongly 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 HELD 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 ANY 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 hazardous 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 Stable 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 LIFETHREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED HEREIN OR ON
OWNER'S INFORMATION SHEETS, BY OWNER THAT THE HORSE(S) IS/ARE NOT
SURGICAL 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 or 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.
8.
Shoeing and Worming. Owner agrees to provide the necessary shoeing and
c 2000 Cottonwood Equestrian Publications
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 obligation 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 this
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 place 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 North Carolina, 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-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 Stable's representatives setting forth the material
facts 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 expenses 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 responsible 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 equine activities such as described below, and hereby expressly
assumes all risks associated with participating in such activities. The inherent risks include, but
c 2000 Cottonwood Equestrian Publications
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 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 this State) by Stable or its
representatives, agents or employees.
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. Chapter 99E of the North Carolina General
Statutes.
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 North Carolina, 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.
OWNER (OR AUTHORIZED AGENT)
By
OWNER'S PARENT OR GUARDIAN (IF
OWNER IS A MINOR
Address:
Telephone:
By
c 2000 Cottonwood Equestrian Publications
(wk)
(hm)
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:
© 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 LIABILITY
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 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 participant’s ability.
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. Chapter 99E of the North Carolina General
Statutes.
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, 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.
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
c 2000 Cottonwood Equestrian Publications
OWNER'S INFORMATION SHEET
Submitted To: _______________
(Fill out one for each horse boarded.)
Phone No.(h)
Owner's Name
(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
Founder
When
Frequency
Allergies, if known
Other
Tetanus Toxoid
Date
VEE
Encephalomyelitis (sleeping sickness), Eastern & Western Strains
Date of last worming
Feeding Program:
Coggins Test
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__________
LESSON, HORSE RENTAL, AND ARENA USE RELEASE
c 2000 Cottonwood Equestrian Publications
WITNESS THIS RELEASE dated 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 participant’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 to 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 therefor 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 State) by
Management or its representatives, agents or employees.
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. Chapter 99E of the North Carolina General
Statutes.
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 Management 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
c 2000 Cottonwood Equestrian Publications
ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH USER'S USE OF OR
PRESENCE UPON THE PROPERTY OF MANAGEMENT AND THE FACILITIES
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
Management, 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 expenses incurred, and a maximum of $10,000 for nonconsequential 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
Parent or Guardian if User is A Minor
c 2000 Cottonwood Equestrian Publications
User
MARE INFORMATION SHEET
To Be Kept By: ____________
(Fill out one for each mare to be bred)
Owner's Name
(as recorded with the Registry)
Address
Street
City
Horses Name and
Number
Foaled
Color
Markings
Anticipated arrival date
Sire of Foal
Does Horse have any dangerous propensities? If yes, describe:
Stallion to which mare shall be bred:
Medical History of Horse:
Colic
Founder
When
Allergies, if known
Other
Tetanus Toxoid
VEE
Encephalomyelitis (sleeping sickness),
Eastern & Western Strains
Date of last worming
Feeding Program: Hay type
Grain type(s)
Pellets
Known allergies to feeds
Special Care Requirements
Habits
Addres
s
Is Horse insured?
Insurance Carrier
Carrier's Address
Insurance contact for emergencies and phone
number:
Veterinary emergency
contact:
Name
©2000 Cottonwood Equestrian Publications
State
Foal at Side?
Date/last foaling
Frequency
Date
Coggins Test
Amount
Amount
Amount
To be contacted in case of emergency, if owner cannot be reached:
Name
Phone No. (h)
(w)
Phone Number
Policy #
Phone Number
Zip
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_______
©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 _________________
___________________COUNTY
I, _________________________, (Name of officer taking proof) a ________________________
(Official title of officer taking proof) of _________________________, COUNTY,
_________________________, (Name of state) certify that ________________________
(Name of person familiar with handwriting of subscribing witness) personally appeared before
me this day, and being duly sworn, stated that he knows the handwriting of
_________________________ (Name of subscribing witness) and that the signature of
_________________________, as a subscribing witness to the foregoing instrument is the
signature of_________________________ (Name of subscribing witness)
WITNESS my hand and official seal, this the ____________day of _______________, 20 _____
c 2000 Cottonwood Equestrian Publications
__________________________________
(Signature of officer taking proof)
__________________________________
(Official title of officer taking proof)
My commission expires
___________________
c 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, today 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, 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 participant’s ability.
Rider acknowledges that horses, by their very nature are unpredictable and subject to
animal whim. 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 available 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 Manager.
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
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. Chapter 99E of the North Carolina General
Statutes.
2.
Rider agrees to hold harmless, indemnify and defend Manager against, and hold
harmless from, 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 the 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
c 2000 Cottonwood Equestrian Publications
Manager, Rider warrants said horse(s) shall be free from 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, 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
c 2000 Cottonwood Equestrian Publications
Rider
RELEASE OF LIABILITY
PARENT/MINOR
WITNESS 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 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 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 available 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 Manager.
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
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. Chapter 99E of the North Carolina General
Statutes.
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 ANY WAY
c 2000 Cottonwood Equestrian Publications
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 from 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 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
Parent or Guardian if Rider is a Minor
c 2000 Cottonwood Equestrian Publications
Rider
INSTALLMENT PURCHASE AND SECURITY AGREEMENT
WITH LIMITED WARRANTIES
1.
PARTIES:
Seller:
Name
Home Phone
Address
Business Phone
City, State, Zip
County
Name
Home Phone
Address
Business Phone
City, State, Zip
County
Buyer:
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
With foal at side by
Sex
Registration #
in foal to
3.
PURCHASE
PRICE:
The
total
purchase
price
shall
be
______________________________, payable according to the following terms:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
c 2000 Cottonwood Equestrian Publications
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
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 defects 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.
PREPAYMENT 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 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 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 refund 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 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 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 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
c 2000 Cottonwood Equestrian Publications
this contract 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 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
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 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 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 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 without 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 delay 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 remedy.
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
without Seller's prior written consent, which shall not be unreasonably 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 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
c 2000 Cottonwood Equestrian Publications
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 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 agree upon for tax, insurance or other reasons.
Dated _____________, 20__, at __________________(city), North Carolina.
SELLER
BUYER has read and accepts all
terms appearing 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
Name
Home Phone
Address
Business Phone
City, State, Zip
County
Buyer:
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
With foal at side by
Foaled
Sex
Registration #
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
interest due.
c 2000 Cottonwood Equestrian Publications
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. The express warranty of
description above is 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.
PREPAYMENT 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 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 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 refund 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 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 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 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 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 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
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
c 2000 Cottonwood Equestrian Publications
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 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 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 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 without 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 delay 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 remedy.
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
without Seller's prior written consent, which shall not be unreasonably 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 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 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.
c 2000 Cottonwood Equestrian Publications
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 agree upon for tax, insurance or other reasons.
Dated _____________, 20__, at __________________(city), North Carolina.
SELLER
BUYER has read and accepts all
terms appearing on all pages of
this contract
By:
By:
By:
By:
c 2000 Cottonwood Equestrian Publications
PRE-PURCHASE RECOMMENDATIONS
TO: ALL BUYERS
FROM: ______________________________
RE: PROPOSED PURCHASE OF ANY HORSE
It is not unusual for clients of any equestrian establishment to seek to purchase their own
horse(s) after a period of either instruction or training, and what is set forth below is a series of
recommendations which we deem advisable for anyone considering the 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. A
pre-purchase examination is entirely different from a veterinary examination pertaining to
normal vaccinations, wormings or any other sort of veterinary procedure. Generally, horses are
sold with no warranties, with some limits, and if the buyer elects not to have the horse "vetted
out," the buyer in most cases purchases the horse -- AS IS. That is, what you see is what you get.
2.
Realize your limitations. Even if you buy a well-trained horse that has won
numerous championships, there is no guarantee that you or your child will be able to reach the
level of performance achieved by other riders with the same horse. That is not to say that you
will not achieve success, but horses are not much different from people in that various
personalities get along better than others. You should assume that your horse will respond
differently to you than its previous owner, and we all hope the productivity established by such
relationship is greater than that of the previous owner.
3.
Ask questions. Most people hate to admit that there is something they do not
know. As a consequence, many people do not want to ask questions that would, in their opinion,
make them appear ignorant or less than expert. The horse industry is very complex and operates
under its own rules and traditions, independent of what one may perceive as normal in other
areas of sales. If you don't know something, ask questions . . . we are more than happy to assist
you in any manner possible and it is important to us to know that you know what you are getting.
We will do everything possible to help you make a reasonable and rational decision with regard
to any purchase. The ultimate decision must rest with the buyer and it is our objective to assist
any prospective buyer in formulating and analyzing whatever issues the buyer may deem
appropriate.
4.
Remember that what you see is what you get. Horses change hands from time
to time and it is somewhat different than buying a car. A horse may be injured and suffer
permanent damage or it may be abused from owner to owner causing certain behavioral traits
which were apparent at one time and may not be apparent at others. Realize that each horserelated transaction is different from the others, and each transaction must be evaluated on its own
merits.
5.
Inherent Risks. Participants must acknowledges there are inherent risks
associated with equine activities such as described below, and assume 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,
c 2000 Cottonwood Equestrian Publications
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
participant’s ability.
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. Chapter 99E of the North Carolina General
Statutes.
Your patronage is highly valued, and we hope that we can assist you in making the sort of
business decision that is appropriate to meet your needs. If you have any questions, or if we can
be of any assistance with regard to any proposed purchase or sale of your horses, please feel free
to contact us.
c 2000 Cottonwood Equestrian Publications
PROMISSORY NOTE
$
, 20
Principal Sum
Date
FOR VALUE RECEIVED, The undersigned:
(name)
(address)
jointly and severally promise to pay to the order of:
(name)
(address)
the principal sum of $_______________ together with simple interest thereon at the rate of_____
percent per annum from the date hereof until paid, payable as follows:
_______________________________________________________________________
_______________________________________________________________________
PRINCIPAL
INTEREST
TOTAL AMOUNT DUE
DUE DATE
This note may be prepaid in whole or in part at any time without penalty. Any partial
prepayment shall be applied first to the principal installments due latest in time, and the Maker
shall remain obligated to pay the remaining principal installments according to the above
schedule. In the event of partial or whole prepayment, the interest shall be recomputed to give
effect to the prepayments of principal so that interest shall be paid only on the principal balance
outstanding at any time.
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.
c 2000 Cottonwood Equestrian Publications
In the event Maker defaults in the timely payments of principal or interest due hereunder,
or in any other obligation of the Installment Purchase and Security Agreement referred to above,
the entire then remaining unpaid balance of principal and interest shall automatically become due
and payable upon written notice to Maker of such late payment or other default, unless the
default is cured within fifteen (15) days of the mailing or delivery of the first notice of late
payment or other default.
Such accelerated amount due shall bear interest at the rate of eighteen percent (18%) per
annum or at the highest legal rate, whichever is less, from the date of such default until all sums
due hereunder are paid. No delay, omission, extension or non-exercise by the Payee or Holder of
any rights or remedies hereunder shall constitute a waiver of that or any other right or remedy.
The Makers and endorsers of this note hereby waive protest, demand, presentment, notice
of dishonor, notice of protest and rights of exemption and any defense by reason of extension of
time or other indulgences granted by Payee or Holder, bind themselves as principals and not as
sureties, and promise that in the event suit is instituted with respect to this note to pay any and all
costs of collection, including reasonable attorneys' fees.
This note is made in the City of __________________, State of North Carolina, and the
execution, delivery and performance hereof is governed by the laws of the State of North
Carolina.
BUYER:
By:
c 2000 Cottonwood Equestrian Publications
c 2000 Cottonwood Equestrian Publications
FACILITY USE AGREEMENT-SHOW OR CLINIC
WITNESS THIS AGREEMENT this ______ day of _________________, 20__, by and
between
_______________,
hereinafter
referred
to
as
"Farm,"
and
____________________________, hereinafter referred to as "User."
WHEREAS, Farm is the Owner of a certain commercial stable located in
_______________, North Carolina, known as _______________,
AND, WHEREAS, User desires to conduct a horse show and/or clinic for the purpose of
giving riding lessons and/or equine exhibitions open to the public,
IT IS NOW, THEREFORE, AGREED between Farm and User that User shall be entitled
to the use of designated facilities at _______________ for the following dates:
______________________________________ for the sum of $___________. User shall be/not
be (circle one) entitled to use the coffee area of the office for purposes of a concession stand.
However, it is understood and agreed that for all purposes, said concession stand and the food
served therein or thereby are done independent of Farm and User shall hold Farm completely
harmless from any and all claims, demands, obligations, injuries, and/or judgments from any and
all causes arising from the operation of said concession stand. The area, times, and use of the
concession stand shall be designated by Farm.
THE TOTAL DUE under this Agreement shall be $___________.
IT IS UNDERSTOOD AND AGREED that User shall be construed and considered as an
Independent Contractor for all purposes arising under this Agreement and the use of the facilities
as above-described. User shall be responsible for the payment of any and all gross receipts taxes,
income taxes, or other liabilities incurred as a result of User's activities on Farm's property. User
further 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, a copy of which is to be provided
by Farm.
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 participant’s ability.
User expressly releases Farm 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 Farm or
its representatives, agents or employees.
c 2000 Cottonwood Equestrian Publications
c 2000 Cottonwood Equestrian Publications
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. Chapter 99E of the North Carolina General Statutes.
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,
USERS AGENTS, EMPLOYEES AND REPRESENTATIVES ON PREMISES OF FARM.
Farm reserves the right to refuse access or use of any horse upon the premises that does
not appear to Farm to be in good health, or is deemed dangerous or undesirable.
USER
c 2000 Cottonwood Equestrian Publications
Farm, or Farm's representative
By
STALLION SERVICE CONTRACT
WITNESS THIS AGREEMENT this ____ day of _________, 20___, between
____________________________________, hereinafter referred to as "Farm,"
and
____________________________________, hereinafter referred to as "Mare Owner."
WHEREAS, Mare Owner is the owner or lessee of a certain registered mare having the
registered name of _________________, with the ____________ Registry, Registration
No._____________, foaled __________________, and
WHEREAS, Mare Owner wishes to breed said mare as above-described to the
stallion,______________________.
IT IS NOW THEREFORE AGREED between the parties as follows:
Booking and Stallion Fees
(A) Mare Owner agrees to pay a non-refundable booking fee of $_____ to reserve a
breeding for the year 20___, which shall be credited against the Stallion Service Fee.
(B) For consideration of $________, excluding mare care, Farm hereby agrees to breed
the stallion, __
