Equipment Purchase Agreement and Bill of Sale

Cottonwood Equestrian Publications - PDF Form Collection

BILL OF SALE WITHOUT WARRANTIES

WITNESS THIS AGREEMENT this day of , 20, by and between , hereinafter referred to as "Seller" and , hereinafter referred to as "Buyer."

For and in consideration of the sum of $, Seller agrees to sell and Buyer agrees to buy , a horse, free and clear of all encumbrances.

BUYER UNDERSTANDS THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SAID ANIMAL AS ABOVE-DESCRIBED AND THAT SAID ANIMAL IS BEING SOLD IN AN “AS-IS” OR “WITH-ALL-FAULTS” CONDITION. BUYER UNDERSTANDS AND ACKNOWLEDGES THAT BUYER HAS THE RIGHT TO HAVE A PRE-PURCHASE EXAMINATION PERFORMED BY THE VETERINARIAN OF HIS OR HER CHOICE AT HIS OR HER EXPENSE PRIOR TO EXECUTION OF THIS AGREEMENT. IN THE EVENT BUYER ELECTS NOT TO HAVE A VETERINARIAN PERFORM A PRE-PURCHASE EXAMINATION OF SAID HORSE AS ABOVE-DESCRIBED, BUYER WAIVES ANY AND ALL RIGHTS, CLAIMS OR CAUSES OF ACTION AGAINST SELLER FOR ANY PATENT OR LATENT DEFECTS PERTAINING TO THE ANIMAL AS ABOVE-DESCRIBED.

The parties acknowledge that all dealing between them with regard to representations, conditions of sale and terms of payment are hereby merged with the terms of this agreement. The purchase price as above-stated is due under the following conditions:

BOARDING STABLE AGREEMENT

WITNESS THIS AGREEMENT this 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.

Security deposit: $. Initial charge: $ per .

2. Description of Horse(s) to be Boarded. Owner agrees to submit a fully complete Owner Information Sheet for each horse boarded upon execution of this agreement.

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

4. Risk of Loss and Standard of Care. DURING THE TIME THAT THE HORSE(S) IS/ARE IN CUSTODY OF STABLE, STABLE SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY ... EXCEPT IN THE EVENT OF NEGLIGENCE ON THE PART OF STABLE, ITS AGENTS, AND/OR EMPLOYEES.

5. Hold Harmless. Owner agrees to hold Stable harmless from any and all claims arising from damage or injury caused by owner’s horse(s) to anyone, and defend Stable from any such claims.

6. Emergency Care. Stable 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).

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 worming of the horse(s) as is reasonably necessary, at Owner's expense.

9. Ownership-Coggins Test. Owner warrants that he owns the horse(s) and will provide proof satisfactory to Stable of the negative Coggins test upon request.

10. Changes or Termination of This Agreement. It is agreed by the parties that this Agreement may be changed or terminated upon thirty (30) days notice, regardless of the rental period.

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

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 Alaska.

13. Property in Storage on Stable's Premises. Vehicles stored upon the premises will be subject to a $/day storage cost for all delinquent accounts.

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

WARNING: You are advised that there are inherent risks, including the risk of serious injury or death, while engaging in equine activities.

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

16. Enforceability of Contract. In the event one or more parts of this contract are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect.

DISCLAIMER OF WARRANTIES

Date:

Horse Purchased:

Sold To:

Sold By:

Notice is hereby given that with respect to the sale of the above horse to the above purchaser, there are no warranties with regard to said horse, either express or implied.

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 specifically agrees that this Release and Waiver shall be construed as broadly and inclusively as permitted by the present laws of the State of Alaska.

OWNER'S INFORMATION SHEET

Submitted To:

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

Address:

Horse's Name and Number:

Foaled: Color: Markings:

Anticipated arrival date: Foal at Side?

Sire of Foal: Date/last foaling:

Does Horse have any dangerous propensities? If yes, describe:

Stallion to which mare shall be bred:

Medical History of Horse: Colic Frequency

Founder When

Allergies, if known:

Other:

Tetanus Toxoid Date:

VEE:

Encephalomyelitis (sleeping sickness), Eastern & Western Strains:

Date of last worming: Coggins Test:

Feeding Program - Hay type: Amount:

Grain type(s): Amount:

Pellets: Amount:

Known allergies to feeds:

Special Care Requirements:

Habits:

To be contacted in case of emergency, if owner cannot be reached:

Name: Phone Number:

Address:

Is Horse insured?

Insurance Carrier: Policy #:

Carrier's Address:

Insurance contact for emergencies and phone number:

Veterinary emergency contact:

Name: Phone Number:

This Horse is/is not considered a surgical candidate in the event of colic or serious illness (check one).

IS IS NOT

Owner's Initials:

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):

Health Insurance Carrier:

Plan or Identification No.:

Primary Healthcare Provider:

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.

1. Inherent Risks and Assumption of Risk. 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.

2. Rider 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.

3. In the event Rider is using Rider's own horse, or a horse(s) not owned by Manager, Rider warrants said horse(s) shall be free from infection, contagious or transmittable diseases.

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

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

RELEASE OF LIABILITY - PARENT/MINOR

WITNESS THIS AGREEMENT this 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 .

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.

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.

3. In the event Rider is using Rider's own horse, or a horse(s) not owned by Manager, Rider warrants said horse(s) shall be free from infection, contagious or transmittable diseases.

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

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

INSTALLMENT PURCHASE AND SECURITY AGREEMENT WITH LIMITED WARRANTIES

Seller: Buyer:

Horse(s) Purchased: Registration #:

Purchase Price: $

Express warranties:

Buyer shall maintain the purchased horse(s) in in the State of .

Buyer shall obtain and maintain full mortality livestock insurance and indemnify Seller against claims arising out of this contract.

INSTALLMENT PURCHASE AND SECURITY AGREEMENT WITHOUT WARRANTIES

Seller: Buyer:

Horse(s) Purchased: Registration #:

Purchase Price: $

Buyer shall maintain the purchased horse(s) in in the State of .

Buyer accepts the horse(s) AS IS-WHERE IS and all implied warranties are excluded.

PRE-PURCHASE RECOMMENDATIONS

TO: ALL BUYERS

FROM:

RE: PROPOSED PURCHASE OF ANY HORSE

1. Have your horse "vetted out."

2. Realize your limitations.

3. Ask questions.

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

5. Inherent Risks.

PROMISSORY NOTE

$ , 20

FOR VALUE RECEIVED, The undersigned:

Name:

Address:

jointly and severally promise to pay to the order of:

Name:

Address:

Principal sum of $ at percent per annum.

Payment schedule:

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."

User shall be entitled to the use of designated facilities for the following dates:

Total due under this Agreement: $

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

Inherent Risks and Assumption of Risk. 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.

STALLION SERVICE CONTRACT

WITNESS THIS AGREEMENT this day of , 20, between and .

Mare name: Registry: Registration No.:

Stallion:

Booking fee: $ Stallion service fee: $

Mare care and board rates:

Dry field mares: $ per day

Wet field mares: $ per day

Wet barn mares: $ per day

Dry barn mares: $ per day

Live foal guarantee and general conditions apply.

TRAINER’S FACILITY USE AGREEMENT

WITNESS THIS AGREEMENT this day of , 20, by and between and .

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

Trainer agrees to provide a Certificate of Insurance and to hold Stable harmless from claims arising from Trainer's activities.

TRAINING CONTRACT

WITNESS THIS AGREEMENT this day of , 20, by and between and .

Horse accepted for training: Reg. No.:

Training purpose:

Fees, board, and related services apply as stated in the contract.

Showing of Horse: Trainer may show the horse at Trainer's discretion unless otherwise advised by Owner.

Owner shall submit a fully completed Owner's Information Sheet within forty-eight (48) hours of delivery.

Risk of Loss and Standard of Care, Inherent Risks, Hold Harmless, Emergency Care, Limitation of Actions, Ownership-Coggins Test, Changes or Termination, Rules and Regulations, Right of Lien, Property in Storage, Entire Agreement, and Enforceability of Contract apply as stated.