Fill and Sign the Initial Monthlyweeklydaily Circle One Charge Applicable to Form

© 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 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 AGAINS T SELLER FOR ANY PATENT OR LATENT DEFECTS PERTAINING TO THE ANIMAL AS ABOVE-DESCRIBED. The parties acknowledge that all dealing between them with regard t o 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 f orth in the rate schedule applicable on the date above as issued by Stable, whether said rate s be daily, weekly, or monthly. Payment shall be issued in accordance with that rat e schedule on a timely basis. Any charges not paid in a timely manner shall be subject to f inance charges set forth in the rate schedule. In the event the subject animal is removed from t he premises for any reason and returned, this agreement shall be deemed reinstated at rates applica ble 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 remov ing the horse within seven (7) days of said notice and for all fees incurred during the horse's prese nce 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 ag ainst said horse, and the property upon the premises as more further described below, for any amounts due, and sha ll be entitled to enforce said lien and foreclose its interest against sa id horse and/or equipment for the amount due in accordance with the laws of the State of Kansas. A se curity 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 c omplete 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 heal th 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 LI ABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY WHICH MAY BE SUFFERED BY THE HORSE(S) OR ANY OTHER CAUSE OF ACTION, WHATS OEVER, ARISING OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOA RDING OF SAID HORSE(S), EXCEPT IN THE EVENT OF NEGLIGENCE ON THE P ART OF STABLE, ITS AGENTS, AND/OR EMPLOYEES. This includes, but is not limite d 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, accide ntal 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 obta ined applicable to the subject horse(s) by Owner. THE STANDARD OF CARE APPLICABLE TO STABLE IS THAT OF ORDI NARY CARE OF A PRUDENT HORSE OWNER AND NOT AS A COMPENSATED BAILEE. IN NO EVENT SHALL STABLE BE HELD LIABLE TO OWNER FOR EQ UINE DEATH OR INJURY IN AN AMOUNT IN EXCESS OF FIVE THOUSAN D 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 FIV E THOUSAND DOLLARS ($5,000). OWNER AGREES TO DISCLOSE THIS ENTIRE AGREEMENT TO OWNER'S INSURANCE COMPANY AND PROVIDE STABLE WITH THE COMP ANY'S NAME, ADDRESS AND POLICY NUMBER. FAILURE TO DISCLOSE INSURA NCE INFORMATION SHALL BE AT OWNER'S RISK. 5. Hold Harmless. Owner agrees to hold Stable harmless from any and al l 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 prope nsities of horse(s) boarded with Stable. 6. Emergency Care. Stable agrees to attempt to contact Owner should S table feel that medical treatment is needed for said horse(s), but, if Stable is unable to contact Own er, 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 s hall be paid by Owner within fifteen (15) days from the date Owner receives notice thereof, or S table 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 OTHE R LIFE- THREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED HEREIN OR O N OWNER'S INFORMATION SHEETS, BY OWNER THAT THE HORSE(S) IS/ARE NOT S URGICAL CANDIDATES. Owner agrees to notify Stable of any and all change of addresses, em ergency 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 unava ilable, prior to departure Owner shall notify Stable as to what party is authorized to m ake 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. c 2000 Cottonwood Equestrian Publications 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. Ow ner agrees to provide Stable with all health records with regard to the horse(s). Owner ag rees to have the horse(s) wormed and vaccinated on a regular schedule, and in the event same i s not accomplished and proof of same presented to Stable within thirty (30) days f rom the date of such services or veterinary treatment, Stable is authorized to arrange for suc h treatment, but not obligated to do so; such expense shall be the obligation of Owner, and upon present ation 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 wil l 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 off ice shall constitute notice of any and all rate changes or regulation changes as may be deemed appr opriate 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 shal l 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 Kansas, 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. How ever, 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 e vent 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 regist ration as may be applicable to said horse(s) upon affidavit by Stable's representatives se tting 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 t ack 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. Stabl e 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 c ost for all delinquent accounts. 14. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are c 2000 Cottonwood Equestrian Publications inherent risks associated with equine activities such as described bel ow, and hereby expressly assumes all risks associated with participating in such activiti es. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, runni ng, bucking, biti ng, kicking, shying, stumbling, rearing, falling or stepping on, that may result i n 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; certai n 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 i n a negligent manner that may contribute to injury to the participant or others, such as failing to maintai n 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 t his State) by Stable or its representatives, agents or employees. WARNING Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of d omestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of partici pating in this domestic animal activity. 15. Entire Agreement. This contract represents the entire agreement bet ween 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 Kansas, and shall be enforced and interpreted in accorda nce with the laws of said State. 16. Enforceability of Contract. In the event one or more parts of this contra ct 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) 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 pertaining thereto to be borne by Purchaser. Purchaser acknowledges the right to have the horse examined by a veterina rian 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 reques t of Owner. OWNER HEREBY RELEASES, WAIVES AND DISCHARGES MANAGEMENT, I TS REPRESENTATIVES, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY OR OBLIGATION FOR ANY AND ALL LOSS, DAMAGE, CLAIM OR LIABILIT Y 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 bel ow, and hereby expressly assumes all risks associated with participating in such activiti es. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, run ning, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result i n 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; certai n 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 i n a negligent manner that may contribute to injury to the participant or others, such as failing to mainta in control over the animal or not acting within such participant’s ability. WARNING Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of d omestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of partici pating in this domestic animal activity. 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 Kans as, and that if any portion hereof shall be held invalid or unenforceable, it is specifically agreed that the remaining por tions 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 othe r representatives from and against any and all claims, demands, actions, or claims of a ny injury whatsoever, either in law or in equity arising out of or in any way pertaining to any injury or death whic h may result from any accident occurring while Management is transporting the horse(s) as above-described. c 2000 Cottonwood Equestrian Publications OWNER c 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 (c heck one). _______IS ______IS NOT Owner's Initials__________ c 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 gua rdian, ____________________________________. For consideration received, and in return for the use, today and on all future dates of the property, facilities and service s 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 bel ow, and hereby expressly assumes all risks associated with participating in such activiti es. The inherent r isks include, but are not limited to the propensity of equines to behave in ways such as, runni ng, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result i n an injury, harm or death to persons on or around them; the u npredictability 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 i n a negligent manner that may contribute to injury to the participant or others, such as failing to maintai n control over the animal or not acting within such participant’s ability. User acknowledges that horses, by their very nature are unpredictable and subj ect to animal whim. User assumes all risks in connection therewith, and express ly 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 exte nt upon the ability of User. User assumes all risks therefor and warrants a full and fair dis closure of Rider's abilities has been made to Manager. User expressly releases Management from any and all claims for pe rsonal 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 Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of d omestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of partici pating in this domestic animal activity. 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 ri ding lessons, the use of any arena on the premises of Management and for purposes of taking riding l essons 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 M INOR) c 2000 Cottonwood Equestrian Publications AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND MANAGEME NT AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JU DGMENTS, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MA Y 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 FACILIT IES 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, conta gious or transmittable diseases. Management reserves the right to refuse a ccess or use of any horse upon th e premises that does not appear to Management to be in good health, or is de emed 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 t hat 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 i n this jurisdictio n 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 User Parent or Guardian if User is A Minor c 2000 Cottonwood Equestrian Publications ©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 contact: Name Phone Number ©2000 Cottonwood Equestrian Publications This Horse is/is not considered a surgical candidate in the event of colic or serious illnes s (check one). _____IS _______IS NOT Owner's Initials_______ c 2000 Cottonwood Equestrian Publications AUTHORIZATION TO OBTAIN MEDICAL TREATMENT FOR MINOR CHILD WITNESS THIS AGREEMENT AND AUTHORIZATION by and between F ARM NAME, hereinafter referred to as "Management," and ________________________________, hereinafter referred to as "Parent." Management is hereby authorized to obtain any and all medical treatme nt Management deems reasonably necessary for my minor child and/or children. Parent or guardian agrees to bear any cost connected therewith and shall pa y 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 KANSAS COUNTY OF ___________________ This instrument was acknowledged to me on _______________________________ (date) by ________________________________ [name(s) of person(s)]. ______________________________ Notary Public Print Name: ___________________ My commission expires: c 2000 Cottonwood Equestrian Publications ___________________ 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, faciliti es 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 bel ow, and hereby expressly assumes all risks associated with participating in such activiti es. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, r unning, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result i n 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 i n a negligent manner that may contribute to injury to the participant or others, such as failing to mainta in control over the animal or not acting within such participant’s ability. Rider acknowledges that horses, by their very nature are unpredictable and subjec t 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 M anager's rules and regulations which, shall be posted and/or available from time to time. Rider fu rther acknowledges that the behavior of any animal is contingent to some exte nt 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 i njury or property damage, even if caused by negligence (if allowed by the laws of t his State) by Manager or its representatives, agents or employees. WARNING Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of partici pating in this domestic animal activity. 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 m ay in any way arise from or be in any way connected with Rider's use of or presence upon the propert y of Manager and the facilities located thereon. c 2000 Cottonwood Equestrian Publications 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, 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 t his 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 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, and in return for the use, today and on all future dates of the property, facilitie s and services of Manager, Manager's instructors, employees and agents; Rider, Rider's heirs, assig ns, 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 bel ow, and hereby expressly assumes all risks associated with participating in such activiti es. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, runni ng, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result i n 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; certai n 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 i n a negligent manner that may contribute to injury to the participant or others, such as failing to mainta in control over the animal or not acting within such participant’s ability. Rider acknowledges that horses, by their very nature are unpredictable and subjec t 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 al l risks in connection therewith, and expressly waives any claims for any injury or los s arising therefrom. Rider agrees to abide by and follow Manager's rules and regulations which, shal l be posted and/or available from time to time. Rider further acknowledges that the be havior of any animal is contingent to some extent upon the ability of Rider. Rider assumes all ri sks th erefor 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 i njury or property damage, even if caused by negligence (if allowed by the laws of t his State) by Manager or its representatives, agents or employees. WARNING Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal acti vities, pursuant to K.S.A. 60-4001 through 60-4004. You are assuming the risk of partic ipating in this domestic animal activity. 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 EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MAY IN ANY W AY ARISE FROM OR BE IN ANY WAY CONNECTED WITH RIDER'S USE OF OR PRESEN CE UPON THE PROPERTY OF MANAGER AND THE FACILITIES LOCATED THEREO N. 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 st atute 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 premise s 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 t his jurisdiction whose purpose, substance and/or effect is to provide that a general releas e 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 INSTALLMENT 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), herei nafter 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 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 thos e warranties set forth below and subject to any and all other faults or defe cts that may now exist or subsequently appear. Express warranties: _____________________________________________________________________________ _____________________________________________________________________________ The express warranties above are exclusive of all others. ALL IMPL IED 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 principa l balance at any time. Prepayments shall apply to the last principal installments f alling due. 8. ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES: Buyer accepts the horse(s) by signing this contract, and risk of loss passes im mediately. 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 revoca tion, nor for a ny 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 pa id, upon return of the horse(s) to Seller. ALL INCIDENTAL AND CONSEQUENTIAL DAMA GES 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 ma y imposed as a result of this (c) 2000 Cottonwood Equestrian Publications transaction. Buyer warrants that this purchase is for business or commercial purposes rather tha n 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 writt en notice of the new location. 10. INSURANCE AND INDEMNIFICATION: Buyer shall promptly obta in and maintain "full mortality" livestock insurance in an amount not less than any unpa id balance on this contract, naming Seller as additional loss payee to the extent of Sel ler'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 off spring, produce and proceeds, including all foals born or in utero on or after the date hereof. Buyer shall exe cute such documents and perform such acts as may be required for Seller to perfect t he security interest and insure its validity and enforceability, including but not limited to e xecution 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 paym ent of any principal or interest, or fail to fulfill any other obligation of this contra ct, 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 ra te 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 def ault. 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 prov ided by law, cumulatively, successively or concurrently, including but not limited to t he following. Seller may take possession of the horse(s) without further notice to Buyer and without l egal process, to the extent permitted by law. Seller may require Buyer, and Buyer hereby agre es, to make the horse(s) available to Seller at the location of this sale or other plac e 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 c are 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 privat e 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 dela y 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. (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 a ssigned 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 Buy er should sell or assign Buyer's interest in the horse(s), foal(s), breeding right(s), or obligations unde r 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 mai led by registered or certified U.S. Mail to the appropriate address specified in paragraph 1 abov e, or such other address of which the sender has been given written notice. 16. APPLICABLE LAW, JURISDICTION AND ATTORNEY'S FEES: This cont ract 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 relati on to this contract shall be only in the county and state identified above the sig nature lines. In t he 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 re asonable 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 he rein. 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 unenforceabilit y of any term or clause of this contract shall not affect the validity and enforcea bility of any other terms or cla uses, 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), Kansas. SELLER BUYER has read and accepts all terms appearing on all pages of this contract. By: By: By: _________________________ By: ________________________________ (c) 2000 Cottonwood Equestrian Publications 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 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), here inafter 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 __________________. c 2000 Cottonwood Equestrian Publications 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. AS IS PURCHASE: Buyer accepts the horse(s) AS IS-WHERE IS and s ubject 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 WARRANTI ES 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 principa l 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 im mediately. 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 revoca tion, 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 pa id, upon return of the horse(s) to Seller. ALL INCIDENTAL AND CONSEQUENTIAL DAMA GES 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 ma y imposed as a result of this transaction. Buyer warrants that this purchase is for business or commercial purposes rather tha n for personal use. Buyer shall not remove the horse(s) from the County identified i n Paragraph 1 above for longer than three (3) months unless Seller is given advance writt en notice of the new location. 10. INSURANCE AND INDEMNIFICATION: Buyer shall promptly obt ain and maintain "full mortality" livestock insurance in an amount not less than any unpai d balance on this contract, naming Seller as additional loss payee to the extent of Sel ler's interest. Buyer shall provide Seller proof of such insurance, from a company acceptable to Seller, upon executi on 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 thi s contract, c 2000 Cottonwood Equestrian Publications Buyer grants Seller a security interest in the horse(s) and all its off spring, produce and proceeds, including all foals born or in utero on or after the date hereof. Buyer shall exe cute 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 e xecution of UCC -1 Financing Statement. Seller is also authorized to file or record a photoc opy of this contra ct as a financing statement. 12. BUYER'S DEFAULT AND CURE: Should Buyer default in the timely paym ent of any principal or interest, or fail to fulfill any other obligation of this contra ct, 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 ra te 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 def ault. Time is of the essence. 13. SELLER'S REMEDIES ON DEFAULT: Upon any default by Buyer that i s not timely cured following proper notice, Seller shall have all rights and remedies prov ided by law, cumulatively, successively or concurrently, including but not limited to t he following. Seller may take possession of the horse(s) without further notice to Buyer and without l egal process, to the extent permitted by law. Seller may require Buyer, and Buyer hereby agre es, to make the horse(s) available to Seller at the location of this sale or other plac e convenient to both parties. To protect the collateral, Seller may pay any taxes or liens levie d on the horse(s) and may provide insurance, feed, shelter, conditioning, worming, vaccinations, veterinary c are or farrier care on Buyer's behalf and add such costs and expenses to the principal amount due unde r this contract. Seller may resell by public or private sale; if by privat e 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 dela y 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 a ssigned or sold without Seller's prior written consent, which shall not be unreasonably withhel d. All amounts due hereunder shall become immediately due and payable without notice if Buy er should sell or assign Buyer's interest in the horse(s), foal(s), breeding right(s), or obligations unde r 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 mai led by registered or certified U.S. Mail to the appropriate address specified in paragraph 1 abov e, or such other address of which the sender has been given written notice. 16. APPLICABLE LAW, JURISDICTION AND ATTORNEY'S FEES: This cont ract shall c 2000 Cottonwood Equestrian Publications be construed and governed by the laws of the state identified above the s ignature lines. At the option of Seller, jurisdiction and venue for any dispute arising under or in relati on to this contract shall be only in the county and state identified above the sig nature 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 re asonable 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 he rein. 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 unenforceabilit y of any term or clause of this contract shall not affect the validity and enforcea bility of any other terms or clauses, but otherwise this contract is indivisible notwithstanding alloca tion of prices the parties may agree upon for tax, insurance or other reasons. Dated _____________, 20__, at __________________(city), Kansas. 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 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 examinat ion pertaining to normal vaccinations, wormings or any other sort of veterinary procedure. Generall y, 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 e stablished 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 thei r opinion, make them appear ignorant or less than expert. The horse industry is very com plex and operates under its own rules and traditions, independent of what one may perceive as norma l in other areas of sales. If you don't know something, ask questions . . . we are more t han happy to assist you in any manner possible and it is important to us to know that you know what you are g etting. 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 buy er 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 be havioral traits which were apparent at one time and may not be apparent at others. Realiz e that each horse - related transaction is different from the others, and each transaction must be evalua ted 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 Cottonwood Equestrian Publications-2000 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, st umbling, 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 surfac e and subsurface co nditions; 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 w ithin such participant’s ability. WARNING Under Kansas law, there is no liability for an injury to or the death of a participant in domestic animal activitie