Fill and Sign the Lessor S Name Hereinafter Referred to as Lessor and Insert Lessee S Name Hereinafter Referred Form

PERFORMANCE HORSE LEASE AGREEMENT WITNESS this agreement made the _____ day of _______, 20__, by and between (Insert Lessor s name) hereinafter referred to as Lessor and (Insert Lessee s name) hereinafter referred to as Lessee. WHEREAS , Lessor is the owner of a certain Horse described as: Name: Breed: Registration Number: AND WHEREAS Lessee desires to lease said Horse for purposes of riding and or showing the horse in competition; IT IS NOW THEREFORE AGREED as follows: Lessor hereby leases the above- described Horse to Lessee subject to the following terms and conditions: 1. Lease Term. The term of this lease shall begin (Insert start d ate) and terminate on (insert termination date). (Insert Lessee or Lessor as appropriate) is respons ible for making any and all arrangements and the cost thereof for deliverin g the Horse to Lessor except as otherwise specified herein. If for any reason the Horse is le ft on the premises of Lessee by Lessor for more than 10 days following the termination date, Lessor shall pay the sum of $15.00 per day for feed and board to Lessee, plus any necessary and reasona ble veterinary costs or related expenses. 2. Lease payments. Lessee agrees to pay Lessor the following sums: The first payment of $ shall be paid upon on the execution of this Lease. Thereafter, the sum of $ shall be paid (insert monthly, quarterly, etc.). A final payment of $ shall be paid 30 days before the termination date of the lea se. 3. Renewal of Lease Term. This lease agreement may be renewed or extended on ly upon written agreement of the parties. 4. Permitted Uses, Prohibited Uses, Activities or Even ts. Lessee is authorized to use the above-described Horse for showing and recreatio nal purposes only. Lessee shall not use the Horse for any breeding purposes whatsoever. If applicable, a statement of specific prohibited uses of said Horse relating to forms of exercise, types of training, events or activities may be attached hereto as Exhibit A to this Agreement and initialed by the parties. 5. Right of First Refusal . If at any time during the term of this lease, or for 6 months thereafter, Lessor puts the Horse up for sale, Less ee shall have the first right of refusal at any price offered by any willing buyer. 6. Warranty by Lessor. Lessor warrants the above-described Horse is sound and fit to ride. Lessee may, at Lessee s option and expense have the Horse examined by a l icensed veterinarian prior to taking possession of the Horse. I f the veterinarian opines the Horse is not fit or sound, Lessee may terminate and payments made hereunder shall be refunded except at the sole discretion of Lessor. Lessor makes no other warran ties, express or implied, other than as specifically described above. 7. Care and maintenance. Lessee shall assume all responsibility for the ful l care and maintenance of the Horse during the term of this Le ase and shall provide reasonable facilities and conditions for boarding, furnish good quality feed, adequate water, exercise, medical/veterinary care, various related services in a manner consiste nt with good horse boarding and keeping practices in the State of (Insert Your State) at Lessee s expense. Lessee may transport the Horse to competitions with the State of (Insert your State), but may not remove the Horse from the State without the express written consent of Lessor. Les see shall inform Lessor of any location(s) where the Horse is to be boarded for more that 7 days in advance of any change of location. 8. Necessary Documents. Lessee and Lessor stipulate and agree to execute, record and/or deliver any documents required by any applic able breed organization or registry which may be required to comply with the rules and/or regulat ions of said breed organization or registry with regard to this lease. Lessee shall pay all costs a nd fees pertaining thereto as may be required by said breed organization or registry. 9. Termination by Lessor . Lessor may, at Lessor s discretion, terminate this lease for cause pursuant to the following options: (A). Lessor may, at Lessor s discretion declare Lessee in default for any subs tantial breach of any term of the agreement. Lessor shall give Le ssee a minimum of 15 days written notice of default, Lessor s intention to terminate this agreement and the spe cific grounds therefor. Lessee shall correct any such default or breach as describ ed in the written notice of default within 10 days of receipt of said notice and notify Lessor in writ ing of said correction or cure of the default or breach described by Lessor. If Lessee timely cures the speci fied default or breach as set forth in the written notice of default, this agreement shall con tinue in full force and effect. If Lessee fails to cure any of the specified breaches, this agreement shall terminate. In the event of termination of this agreement by Lessor, Lessor shall make all nec essary arrangements to deliver the Horse to Lessor s possession. Lessee shall be liable to Lessor for the reasonable cost of transportation and veterinary care arising from the breaches giving ri se to the termination of this agreement by Lessor. (B). If upon inspection of the Horse and/or the fa cilities where the Horse is kept by Lessee, Lessor reasonably determines the conditions provide d by Lessee place the health, safety and/or welfare of the Horse in danger, Lessor may terminat e this lease immediately and take possession of the Horse. The cost of transportation of the Horse to Lessor upon weaning will be paid by Lessee. 10. Risk of Loss. Lessee shall bear all risk of loss with regard to the death or injury to the Horse. Lessee agrees to maintain a policy of equin e mortality insurance insuring the Horse in the amount of $(Insert insurable amount here). In addi tion, in the event of significant injury to the Horse while in the care and custody of Lessee which results in permanent impairment to the Horse s breeding and/or performance ability, Lessee agree s to pay the sum of $(Insert insurable amount here) to Lessor in compensation thereof, at which time registered ownership of the Horse will be transferred to Lessee by Lessor. 11. Inherent Risks and Assumption of Risk. Lessee acknowledges there are inherent risks associated with equine activities such as des cribed herein, and hereby expressly assumes all risks associated with participating in such activities. Th e 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, which m ay result in an injury, harm or death to persons on or around them; the unpredictability of equines reactions to such things as sounds, sudden movement and unfamiliar objects, persons or other a nimals; certain hazards such as surface and subsurface conditions; collisions with other animal s; 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 maint ain control over the animal or not acting within such participant’s ability. Warning -Insert State Warning Here 12. Liability Insurance. Lessee shall, at Lessee s expense, at all times during the term of this Lease maintain a policy of liability insura nce insuring against any injury or death of persons in and around the premises where the Horse is to be kept. Lessee shall cause Lessor to appear as an additional named-insured for liability purposes under said policy of insurance. Further, Lessee shall provide a copy of the Declarations Page to Lessor w ithin 30 days of the execution of this Lease. 13. Indemnification. Lessee shall indemnify, hold harmless and defend L essor against any and all claims, demands, obligations, complaint s, judgments, orders or any other matter arising out of the Horse s conduct or actions. Lessee further agrees to inde mnify Lessor from and against any claims of lien or encumbrance against the above-describ ed Horse, whether incurred by contract or by operation of law. 14. Assignment. This lease cannot be assigned by Lessee in any mann er, nor may Lessee permit the use of the subject Horse for any purpose not otherwise set forth herein. 15. Right of inspection. Lessor shall have the right to inspect Lessee s facilities and the Horse at any reasonable time. Lessor shall give twe nty four (24) hours notice of intent to conduct such inspection. In the event the conditions in wh ich the Horse are kept are substandard or unsatisfactory to Lessor, or if the Horse appears to be negle cted by Lessee, Lessor may, in Lessor s sole discretion, exercise any rights set forth in P aragraph 9 herein. 16. Waiver. No delay or failure to exert any rights or remedies applying by any party pertaining to any breach of this agreement shall in any manner impair such right or remedies nor shall such delay constitute a waiver of such right or acquiescence therein; waiver of any single breach or default shall not be deemed as a waiver of any other violation of the covenants set forth herein up to the time of said waiver or at any time thereafter. The waiver of any right or remedy pursuant to this agreement must be in writing in or der to be binding upon the parties. Any and all remedies hereunder or imposed by operation of law o therwise available to Lessor shall be cumulative in nature and not in the alternative. 17. Notices . Any notices required under the terms of this ag reement shall be sent to the parties at the addresses set forth below. Each par ty shall notify the other of any change in mailing address within 30 days of such change of address. 18. Binding effect. The terms and conditions of this Lease shall be bin ding upon any executors, heirs, administrators and/or assigns of Lessor and Lessee as if they are the original parties unless otherwise agreed to in writing by th e parties. 19. Applicable Law. It is hereby agreed that the terms of this Lease shall be const rued in accordance with and governed by the Laws of the Sta te of YourState. 20. Prevailing Party Provision. If either party defaults with respect to any mater ial covenants contained herein, the other party may, bu t is not compelled to, declare this Lease to be terminated in accordance with the terms and conditi ons hereof. The prevailing party to any litigation or arbitration hereunder shall be entitl ed to recover their reasonable attorney s fees and costs relating to same. 21. Entire Agreement. This document constitutes the entire agreement bet ween the parties. Any changes or amendments must be made in writing and signed by the parties hereto. All modifications, additions or amendments shall not be consid ered part of this Lease agreement unless same are reduced to writing and signed by the parti es to be charged. DATE: Lessor: Name Address City, State, Zip Lessee: Name Address City, State, Zip Copyright 2004 Cottonwood Equestrian Publications