S.L. DAVIDSON
TRAINING STABLES
TRAINING STABLES
The following is required. Vaccination against Strangles and Veterinarian
Health Certificate . TRAINER'S RIGHT TO REFUSE SERVICES - TRAINER
reserves the right to refuse the continuation of training services of any
horses for any reason, to include but not limited to: animal's poor health or
unsoundness; dangerous propensities, habits and/or vices; and/or non-
trainable condition which TRAINER may not be equipped or capable to
handle; OWNERS refusal to obey stable rules or to cooperate with
TRAINER on requests relative to the management, training, welfare and
safety of animals and people on premises; and, also in such event , After
all fees have been paid in full this agreement is concluded. Failure to pay
training and other fees as due shall also entitle TRAINER to act upon
MEANS NESASARY TO COLLECT ALL FEE'S OWED AT OWNERS
EXSPENCE - All expenses for the horse by other professionals (ie:
veterinarians, farriers, dentist, trainers, etc) is the responsibility of the
OWNER and the OWNER shall pay that professional for their service
according to their billing practice. The OWNER shall schedule their own
appointments with the professional for their horse if a service is to be
provided .The owner must be present for dental work or pay an additional
fee to TRAINER to handle the horse and/or set up for the dentist. If for
some reason the OWNER is unavailable during the service then all
expenses incurred for the service, or other out-of-pocketcost shall be
billed after the incurrence thereof upon the next billing by TRAINER.
EMERGENCY CARE - TRAINER agrees to attempt to contact OWNER
should TRAINER determine veterinary treatment is needed for said horse
(s), but, if TRAINER is unable to contact OWNER, TRAINER is then
authorized to secure emergency veterinary CARE . All costs of such care
incurred shall be paid by OWNER within fifteen (15) days from the date
OWNER receives notice thereof, or TRAINER is authorized, as OWNER's
agent, to arrange direct billing to OWNER. TRAINER shall assume that
OWNER desires surgical care if recommended by a veterinarian in the
event of colic, or other life-threatening illness, unless TRAINER is
instructed herein by OWNER that the horse(s)is/are not surgical
candidates. OWNER agrees to notify TRAINER 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 or is otherwise
unavailable, prior to departure OWNER shall notify TRAINER 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).
INHERENT RISKS AND ASSUMPTION OF RISK - The
undersigned acknowledges there are inherent risks associated with
equine activities , 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,stopping short, changing direction or speed at will, shifting
its weight from side to side, kicking, shying, stumbling, rearing,falling or
stepping on, that may result in an injury, harm or death to persons on or
around them or to ANIMAL itself or to other animals around them; the
unpredictability of A 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
RISK OF LOSS AND STANDARD OF CARE - During the time that the
animal(s) is/are in custody of TRAINER, TRAINER shall not be liable for any
sickness, disease, estray, theft, death or injury which may be suffered by
the animal(s) or any other cause of action whatsoever, arising out of or
being connected in any way with the boarding of said animal(s), except in
the event of willful negligence on the part of TRAINER, its agents, and/or
employees. This includes, but is not limited to, any personal injury or
disability the OWNER, may receive on TRAINER's premises. The OWNER
fully understands that TRAINER does not carry any insurance on any
animals 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
animal(s) in the possession of, and on the premises of TRAINER are to be
borne by the OWNER. The standard of care applicable to TRAINER is that
of ordinary care of a prudent animal owner and not as a compensated
bailee. In no event shall TRAINER be held liable to OWNER for equine
death or injury in an amount in excess of Five Thousand Initials: OWNER
_________
Dollars ($5,000) per animal. OWNER agrees to obtain equine insurance for
Five Thousand Dollars ($5,000), at OWNER’s expense, or forego any claim
. OWNER agrees to disclose this entire agreement to OWNER’s insurance
company and provide TRAINER with the company's name,address and
policy number. Failure to disclose insurance information shall be at
OWNER’s risk. DIRECT LOSS TO PERSONAL PROPERTY WARNING -
OWNER is here by warned that direct loss or damage, theft,injury or
disappearance of OWNER’s horses, tack, equipment or other property is
not covered by TRAINER's insurance and TRAINER shall not be liable for
the OWNER’s horses, tack, equipment or other
property.
OWNER ACCEPTANCE OF RESPONSIBILITY - During the time that the
horse(s) are being trained the horse(s) shall be in the custody of the
TRAINER. OWNER has inspected the TRAINER's premises and/or has in
some other way satisfied their self that the conditions of the premises and
the facilities will provide an adequate and reasonable level of safety for
OWNER’s horse(s). OWNER further understands that the training of a
horse involves the placing of above normal stresses on the horse both
physically and mentally and that the TRAINER is in no way responsible for
the results of the reasonable levels of stress which could potentially cause
injury, illness and/or loss of horse(s) by death. OWNER further agrees to
be responsible for any and all damages, injuries, loss of life caused by or
to the ANIMALS . OWNER’s family members, invitees or other handlers or
agents appointed by them, and also for any acts of the horse(s) caused by
vices or dangerous behavior not disclosed to the TRAINER by OWNER.
OWNER is also responsible for accidents, injuries, and loss of life
sustained by OWNER, OWNER’s family members, invitees and agents
caused by or in relation to the OWNER’s horse
(s)
RELEASE OF LIABILITY - In consideration of TRAINER undertaking
the training and incidental services under the terms set forth herein. I,
OWNER, do agree to hold harmless and release the TRAINER, TRAINER's
owners, agents,employees, officers, directors, representatives, assigns,
members, premises owners, affiliated organizations, and Insurers, and
others acting on TRAINER's behalf, (hereinafter, collectively referred to as
"Associates"), of all claims, demands, causes of action, and legal liability,
whether the same be known or unknown, anticipated or unanticipated, due
to TRAINER's and/or TRAINER's ASSOCIATES ordinary negligence; and I
do further agree that except in the event of the TRAINER's gross
negligence and willful and wanton misconduct, I shall not bring any claims,
demands, legal actions and causes of action, against the TRAINER and
TRAINER's ASSOCIATES as stated above in this clause, for any economic
and non-economic losses due to bodily injury, death, property damage,
and injury to the animals, and/or by me and/or my minor child or legal
ward, in relation to the premises and operations of the
TRAINER.
RIGHT OF LIEN - The OWNER is given notice that TRAINER has a right of
lien as set forth in the laws of this state, 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) and other
property until the amount of said indebtedness is discharged. However,
TRAINER 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 TRAINER exercises
TRAINER'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 TRAINER's representatives setting forth the material
facts of the default and foreclosure as well as TRAINER'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
$1000.00 will be
assessed.
OWNER RIGHT OF TERMINATION - Upon 7 (seven) days written notice to
the TRAINER and after a minimum training period of one month, the
OWNER may terminate this agreement for any reason. If OWNER is unable
to give 7 (seven) days written notice, 7 (seven) days of fees will still be
applied. TRAINER shall be paid for all fees incurred up to the termination
date. After all fees have been paid in full this agreement is
concluded.
LIMITATION OF ACTIONS. Any action or claim brought by OWNER against
TRAINER for breach of this Contract or for loss due to negligence must be
brought within (90) days of the date such claim or loss
occurs.
This agreement shall be legally binding upon the TRAINER and the
OWNER . This agreement is entered into in the state of Kansas , and will
be interpreted and enforced under the laws of THIS STATE. Any disputes
by the OWNER shall be litigated in and venue shall be the county in which
THIS STABLE is physically located.
--------------------------------------------------------------------------------
Any clause, phrases or word is in conflict with State Law then that single
part is null and void and the other portions here of shall be deemed in full
force and
effect.
AGREEMENT CHANGES/UPDATES – The fee schedule, services, and or
sections within this agreement may change at anytime. It is the
responsibility of the OWNER to review the current agreements, and
services on the Internet at www.S.L.Davidsonfarms.com or request a
written copy from the MANAGER at the end of each monthly service if the
OWNER is to continue using MANAGER's services. If the OWNER is only
using an hourly service that the MANAGER provides then no signed
contract will be constructed for these services and will only be serviced if
owner gives written notice of their wishes of such services . Which
MANAGER shall notify OWNER prior to conducting the
service.
ENTIRE AGREEMENT - This AGREEMENT represents the entire agreement
between the parties. No other agreements, promises, or representations,
verbal or implied, are included herein unless specifically stated in A
written agreement. This agreement is made and entered into in the state
of TRAINER's stable, and shall be enforced and interpreted in accordance
with the laws of said State. ALL OWNERS AND PARENTS OR LEGAL
GUARDIANS, OR AUTHORIZED AGENT FOR SUCH PARTIES,MUST AGREE
AFTER READING THIS ENTIRE DOCUMENT. IF THERE ARE SECTIONS IN
THIS AGREEMENT WHERE AN OWNER IS SUPPOSED TO CHOOSE AN
OPTION AND IT IS NOT RECEIVED IN WRITING BY TRAINER THEN IT IS
ASSUMED THAT THE MOST EXPENSIVE OPTION IS DESIRED.
_________________________________________________________________
STATEMENT OF AWARENESSI/WE, THE OWNER HAVE READ AND DO
UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS,ASSUMPTION
OF RISK AND RELEASE AGREEMENT. I/WE FURTHER ATTEST THAT ALL
STATED FACTS ARE TRUE AND ACCURATE.
_________________________________________________________________
___ ________________________________DATE:
___________________OWNER’s NAME(S)
____________________________OWNER’s DAYTIME PHONE
_________________OWNER’s ADDRESS
__________________________OWNER’s EVENING PHONE
_________________ _____________________________________________
OWNER’s CELL PHONE
_________________________________________________________________
_OWNER’s EMAIL ___________________________Please list name,
address and phone number of Veterinarian,
_________________________________________________________________
_
Health Certificate . TRAINER'S RIGHT TO REFUSE SERVICES - TRAINER
reserves the right to refuse the continuation of training services of any
horses for any reason, to include but not limited to: animal's poor health or
unsoundness; dangerous propensities, habits and/or vices; and/or non-
trainable condition which TRAINER may not be equipped or capable to
handle; OWNERS refusal to obey stable rules or to cooperate with
TRAINER on requests relative to the management, training, welfare and
safety of animals and people on premises; and, also in such event , After
all fees have been paid in full this agreement is concluded. Failure to pay
training and other fees as due shall also entitle TRAINER to act upon
MEANS NESASARY TO COLLECT ALL FEE'S OWED AT OWNERS
EXSPENCE - All expenses for the horse by other professionals (ie:
veterinarians, farriers, dentist, trainers, etc) is the responsibility of the
OWNER and the OWNER shall pay that professional for their service
according to their billing practice. The OWNER shall schedule their own
appointments with the professional for their horse if a service is to be
provided .The owner must be present for dental work or pay an additional
fee to TRAINER to handle the horse and/or set up for the dentist. If for
some reason the OWNER is unavailable during the service then all
expenses incurred for the service, or other out-of-pocketcost shall be
billed after the incurrence thereof upon the next billing by TRAINER.
EMERGENCY CARE - TRAINER agrees to attempt to contact OWNER
should TRAINER determine veterinary treatment is needed for said horse
(s), but, if TRAINER is unable to contact OWNER, TRAINER is then
authorized to secure emergency veterinary CARE . All costs of such care
incurred shall be paid by OWNER within fifteen (15) days from the date
OWNER receives notice thereof, or TRAINER is authorized, as OWNER's
agent, to arrange direct billing to OWNER. TRAINER shall assume that
OWNER desires surgical care if recommended by a veterinarian in the
event of colic, or other life-threatening illness, unless TRAINER is
instructed herein by OWNER that the horse(s)is/are not surgical
candidates. OWNER agrees to notify TRAINER 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 or is otherwise
unavailable, prior to departure OWNER shall notify TRAINER 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).
INHERENT RISKS AND ASSUMPTION OF RISK - The
undersigned acknowledges there are inherent risks associated with
equine activities , 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,stopping short, changing direction or speed at will, shifting
its weight from side to side, kicking, shying, stumbling, rearing,falling or
stepping on, that may result in an injury, harm or death to persons on or
around them or to ANIMAL itself or to other animals around them; the
unpredictability of A 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
RISK OF LOSS AND STANDARD OF CARE - During the time that the
animal(s) is/are in custody of TRAINER, TRAINER shall not be liable for any
sickness, disease, estray, theft, death or injury which may be suffered by
the animal(s) or any other cause of action whatsoever, arising out of or
being connected in any way with the boarding of said animal(s), except in
the event of willful negligence on the part of TRAINER, its agents, and/or
employees. This includes, but is not limited to, any personal injury or
disability the OWNER, may receive on TRAINER's premises. The OWNER
fully understands that TRAINER does not carry any insurance on any
animals 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
animal(s) in the possession of, and on the premises of TRAINER are to be
borne by the OWNER. The standard of care applicable to TRAINER is that
of ordinary care of a prudent animal owner and not as a compensated
bailee. In no event shall TRAINER be held liable to OWNER for equine
death or injury in an amount in excess of Five Thousand Initials: OWNER
_________
Dollars ($5,000) per animal. OWNER agrees to obtain equine insurance for
Five Thousand Dollars ($5,000), at OWNER’s expense, or forego any claim
. OWNER agrees to disclose this entire agreement to OWNER’s insurance
company and provide TRAINER with the company's name,address and
policy number. Failure to disclose insurance information shall be at
OWNER’s risk. DIRECT LOSS TO PERSONAL PROPERTY WARNING -
OWNER is here by warned that direct loss or damage, theft,injury or
disappearance of OWNER’s horses, tack, equipment or other property is
not covered by TRAINER's insurance and TRAINER shall not be liable for
the OWNER’s horses, tack, equipment or other
property.
OWNER ACCEPTANCE OF RESPONSIBILITY - During the time that the
horse(s) are being trained the horse(s) shall be in the custody of the
TRAINER. OWNER has inspected the TRAINER's premises and/or has in
some other way satisfied their self that the conditions of the premises and
the facilities will provide an adequate and reasonable level of safety for
OWNER’s horse(s). OWNER further understands that the training of a
horse involves the placing of above normal stresses on the horse both
physically and mentally and that the TRAINER is in no way responsible for
the results of the reasonable levels of stress which could potentially cause
injury, illness and/or loss of horse(s) by death. OWNER further agrees to
be responsible for any and all damages, injuries, loss of life caused by or
to the ANIMALS . OWNER’s family members, invitees or other handlers or
agents appointed by them, and also for any acts of the horse(s) caused by
vices or dangerous behavior not disclosed to the TRAINER by OWNER.
OWNER is also responsible for accidents, injuries, and loss of life
sustained by OWNER, OWNER’s family members, invitees and agents
caused by or in relation to the OWNER’s horse
(s)
RELEASE OF LIABILITY - In consideration of TRAINER undertaking
the training and incidental services under the terms set forth herein. I,
OWNER, do agree to hold harmless and release the TRAINER, TRAINER's
owners, agents,employees, officers, directors, representatives, assigns,
members, premises owners, affiliated organizations, and Insurers, and
others acting on TRAINER's behalf, (hereinafter, collectively referred to as
"Associates"), of all claims, demands, causes of action, and legal liability,
whether the same be known or unknown, anticipated or unanticipated, due
to TRAINER's and/or TRAINER's ASSOCIATES ordinary negligence; and I
do further agree that except in the event of the TRAINER's gross
negligence and willful and wanton misconduct, I shall not bring any claims,
demands, legal actions and causes of action, against the TRAINER and
TRAINER's ASSOCIATES as stated above in this clause, for any economic
and non-economic losses due to bodily injury, death, property damage,
and injury to the animals, and/or by me and/or my minor child or legal
ward, in relation to the premises and operations of the
TRAINER.
RIGHT OF LIEN - The OWNER is given notice that TRAINER has a right of
lien as set forth in the laws of this state, 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) and other
property until the amount of said indebtedness is discharged. However,
TRAINER 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 TRAINER exercises
TRAINER'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 TRAINER's representatives setting forth the material
facts of the default and foreclosure as well as TRAINER'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
$1000.00 will be
assessed.
OWNER RIGHT OF TERMINATION - Upon 7 (seven) days written notice to
the TRAINER and after a minimum training period of one month, the
OWNER may terminate this agreement for any reason. If OWNER is unable
to give 7 (seven) days written notice, 7 (seven) days of fees will still be
applied. TRAINER shall be paid for all fees incurred up to the termination
date. After all fees have been paid in full this agreement is
concluded.
LIMITATION OF ACTIONS. Any action or claim brought by OWNER against
TRAINER for breach of this Contract or for loss due to negligence must be
brought within (90) days of the date such claim or loss
occurs.
This agreement shall be legally binding upon the TRAINER and the
OWNER . This agreement is entered into in the state of Kansas , and will
be interpreted and enforced under the laws of THIS STATE. Any disputes
by the OWNER shall be litigated in and venue shall be the county in which
THIS STABLE is physically located.
--------------------------------------------------------------------------------
Any clause, phrases or word is in conflict with State Law then that single
part is null and void and the other portions here of shall be deemed in full
force and
effect.
AGREEMENT CHANGES/UPDATES – The fee schedule, services, and or
sections within this agreement may change at anytime. It is the
responsibility of the OWNER to review the current agreements, and
services on the Internet at www.S.L.Davidsonfarms.com or request a
written copy from the MANAGER at the end of each monthly service if the
OWNER is to continue using MANAGER's services. If the OWNER is only
using an hourly service that the MANAGER provides then no signed
contract will be constructed for these services and will only be serviced if
owner gives written notice of their wishes of such services . Which
MANAGER shall notify OWNER prior to conducting the
service.
ENTIRE AGREEMENT - This AGREEMENT represents the entire agreement
between the parties. No other agreements, promises, or representations,
verbal or implied, are included herein unless specifically stated in A
written agreement. This agreement is made and entered into in the state
of TRAINER's stable, and shall be enforced and interpreted in accordance
with the laws of said State. ALL OWNERS AND PARENTS OR LEGAL
GUARDIANS, OR AUTHORIZED AGENT FOR SUCH PARTIES,MUST AGREE
AFTER READING THIS ENTIRE DOCUMENT. IF THERE ARE SECTIONS IN
THIS AGREEMENT WHERE AN OWNER IS SUPPOSED TO CHOOSE AN
OPTION AND IT IS NOT RECEIVED IN WRITING BY TRAINER THEN IT IS
ASSUMED THAT THE MOST EXPENSIVE OPTION IS DESIRED.
_________________________________________________________________
STATEMENT OF AWARENESSI/WE, THE OWNER HAVE READ AND DO
UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS,ASSUMPTION
OF RISK AND RELEASE AGREEMENT. I/WE FURTHER ATTEST THAT ALL
STATED FACTS ARE TRUE AND ACCURATE.
_________________________________________________________________
___ ________________________________DATE:
___________________OWNER’s NAME(S)
____________________________OWNER’s DAYTIME PHONE
_________________OWNER’s ADDRESS
__________________________OWNER’s EVENING PHONE
_________________ _____________________________________________
OWNER’s CELL PHONE
_________________________________________________________________
_OWNER’s EMAIL ___________________________Please list name,
address and phone number of Veterinarian,
_________________________________________________________________
_