© 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
___________________________ _______, 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 encumbrance s.
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
“WIT H-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 ELECT S 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:
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 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 ra tes 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 anima l 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, i n 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 Maine. 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 hea lth 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 t o 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.
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 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 SHA LL 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
EXPENS E, 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 INSURAN CE
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 Ow ner,
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 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
c 2000 Cottonwood Equestrian Publications
date such claim or loss occurs.
8. Shoeing and Worming . Owne r agrees to provide the necessary shoeing and
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 vaccina ted 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 i n 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 eve nt 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 Maine, 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. Howe ver, 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 fo r 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 hor se shows or clinics.
Vehicles stored upon the premises will be subject to a $______/day storage cost for all
c 2000 Cottonwood Equestrian Publications
delinquent accounts.
14. Inherent Risks and Assumption of Risk . The undersigned acknowledges there are
inherent risks associated with equine a ctivities 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 ot her 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 (i f allowed by the laws of this State) by Stable or its
representatives, agents or employees.
WARNING
Under Maine law, an equine professional has limited liability for an injury or death
resulting from the inherent risks of equine activitie s.
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 i n the State of Maine, 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
:
(wk) (hm)
c 2000 Cottonwood Equestrian Publications
By
© 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 pe rtaining
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.
OWNE R 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 activ ities. 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 o n 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 av ailability 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 ab ility.
WARNING
Under Maine law, an equine professional has limited liability for an injury or death
resulting from the inherent risks of equine activities.
Owner specifically agrees that this Release and Waiver shall be construed as br oadly and
inclusively as permitted by the present laws of the State of Maine, 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 fo rce 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 claim s 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
©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
©2000 Cottonwood Equestrian Publications
Owner's Initials__________
©2000 Cottonwood Equestrian Publications
LESSON, HORSE RENTAL, AND ARENA USE RELEASE
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 in jury, 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 wi th 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 act ing 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 the refrom. 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 a ssumes 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 b y the laws of this State) by
Management or its representatives, agents or employees.
WARNING
Under Maine law, an equine professional has limited liability for an injury or death
resulting from the inherent risks of equine activities.
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
©2000 Cottonwood Equestrian Publications
ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, D AMAGES, 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 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 act ion 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 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 o therwise, 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
©2000 Cottonwood Equestrian Publications
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_______
©2000 Cottonwood Equestrian Publications
AUTHORIZATION TO OBTAIN MEDICAL TREATMENT FOR MINOR CHILD
WITNESS TH IS 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 m edical 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 financia l 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 MARYLAND
COUNTY OF ________________
Personally appeared before me, a Notary Public, in and for said county and state, on this
________ day of __________________, 20 ____, the within named
________________________________, known to me, or satisfactorily proven, to be the person
whose name is subscribed to the within instrument and who acknowledges that he/she/they
(strike one) executed the same for the purposes therein contained.
______________________________
NOTARY PUBLIC
Print Name: ___________________
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 ret urn 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 mo vement 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 e xpressly 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 Maine law, an e quine professional has limited liability for an injury or death
resulting from the inherent risks of equine activities.
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 clai m. 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
c 2000 Cottonwood Equestrian Publications
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, an d 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 As sumption 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 th erewith, 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 p ersonal 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 Maine law, an equine professional has limited liability for an injury or death
resulting from the inherent risks of equine activities
2. RIDER (OR RIDER ’S PARENT OR GUARDIAN) AGREES TO HOLD
HARMLESS, INDEMNIFY AND DEFEND MANAGER AGAINST ANY AND ALL
c 2000 Cottonwood Equestrian Publications
CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS, COSTS
OR EXP ENSES, INCLUDING ATTORNEY'S FEES, 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. In the
event rider is a minor, the parent or guardian shall furth er 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 dangero us 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 exp enses 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
Parent or Guardian if Rider is a Minor
c 2000 Cottonwood Equestrian Publications
(c) 2000 Cottonwood Equestrian Publications
INS TALLMENT 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
(c) 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. 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, no r 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 limi ted 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
(c) 2000 Cottonwood Equestrian Publications
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
“fu ll 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 S eller, 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
docu ments 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 photo copy 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 u ntil
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 defau lt 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) wit hout 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 princi pal 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 re asonable 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 oth er or future breach, right or remedy.
(c) 2000 Cottonwood Equestrian Publications
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 cons ent, 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
contrac t, 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 th e 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 co ntract 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
clau ses, 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), Maine.
SELLER BUYER has read and accepts all
terms appearing on all pages of
this contract.
By: By:
By: _________________________ By: ________________________________
(c) 2000 Cottonwood Equestrian Publications
Cottonwood Equestrian Publications -2000
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 an d 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
Cottonwood Equestrian Publications -2000
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, veterinary care and farrier care. Buyer shall keep the horse(s) free of all lie ns 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 intere st. 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
Cottonwood Equestrian Publications -2000
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 execu tion 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 fulfi ll 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%) p er 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, incl uding 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) availabl e 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, veterina ry 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 p ublic 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 waive r 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 obligati ons 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
Cottonwood Equestrian Publications -2000
cont ract 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 e ntitled 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 relyi ng 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 th is 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), Maine.
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 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 cha mpionships, 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 th at 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 c omplex 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 importan t 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 prosp ective 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 su ffer
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 horse -
related transaction is different from the others, and each transacti on must be evaluated on its own
merits.
Cottonwood Equestrian Publications -2000
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,
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 Maine law, an
