PERFORMANCE HORSE LEASE AGREEMENT
WITNESS this agreement made the _____ day of _______, 20__, by and between (Insert
Lessors 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 negl ected by Lessee, Lessor may, in Lessors
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 attorneys 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
© 2017 - Cottonwood Equestrian Publications
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