Horse Training Contract

HORSE TRAINING AGREEMENT

 

This Agreement is entered into this____day of______ , 200__ by and between Donald C. Funke, 34 Merlin, Bozeman, Montana 59718 and

(Owner’s name)____________________________________________ of

(Owner’s address)_______________________________________________________________

Owner’s home phone_____________________________________work phone______________

Cell Phone____________________

Owner’s preferred veterinarian__________________________Vet’s Phone_________________

Preferred farrier___________________________Farriers phone___________________________

 

Whereas, Owner owns the following horse(s):

Name_____________________________________________Estimated Value_____________

Age_____________ Sex____________Breed________________________________________ Brands/markings________________________________________________________

 

Name______________________________ Estimated value____________

Age_____________Sex____________Breed_________________________________________

Brands/markings________________________________________________________________

 

 

Whereas, owner desires trainer to  train above horses at Shamrock  Stable. Whereas, trainer

desires to train owners horse(s); Now, Therefore, in consideration of the mutual agreements,

provisions and covenants contained herein, the parties agree as follows:

ARTICLE I * TERM

1.01 The term of this training shall be day to day, unless otherwise specified herein. The training  term shall continue on a day to day basis unless notice of termination of training has been provided by either owner or trainer as discussed in Article VIII below.

ARTICLE II * PAYMENT

 

2.01 The hourly rate for training a horse shall be as follows with payment due on the 15th and 30th of each month:

____Training fee $ 20 per hour

_____Boarding fees apply at a rate of $ 9 per day

_____Travel fee applies at $_____per round trip

 

TRAINING FEES DUE

2.02 Trainer will submit a bill to owner on the 15th and 30th  of each month.

2.03 Payment  shall be deemed timely if received by trainer prior to the 20th for services billed on the 15th and by 5th of the month for services billed on the 30th.. At Trainers sole discretion, He may assess owner a late fee of $25 per day for each day after the 20th or 5th the payment is overdue.

2.04 Owner agrees to be responsible for any and all veterinarian expenses and, hereby assigns trainer the power to contact vet due to medical emergencies. In the event trainer must contact horse’s vet in order to keep the horse current with vaccinations, owner shall be responsible to pay trainer $40 per incident per horse as well as the Owner’s responsibility to pay the veterinarian for his/her services.

2.05 Trailering of Owner’s horses is $1 per mile; an additional $20 per day will be charged for any special care the horse is required while with Trainer; while a horse is at another facility due to medical needs the Trainer will credit the Owner the normal board rate during that period.

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ARTICLE III * ACCOMODATIONS FOR HORSE

3.01 In exchange for the covenants and payments discussed herein, Trainer shall provide for each of Owner’s horses: AM and PM feeding of hay, ample water, salt/mineral block, and complete use of facility:

tack building, trailer parking, outdoor arena, indoor arena, round pen, restroom, and wash rack.

If Owner desires to feed his/her horse(s) something different from the hay provided by the Trainer, the

Owner shall notify the Trainer and provide the Trainer with alternative feed. There will, however, be no

reduction in the total amount due under Article II if alternative feed is used.

ARTICLE IV *OWNER’S REPRESENTATION & WARRANTIES

4.01 Owner represents and warrants the following:

a.) He/she is the owner of the horse(s) described in this agreement.

b.) All horses described in this agreement are free of any liens or encumbrances of any kind (expressed or

implied) and that Owner will keep the horse(s) free of any liens or encumbrances of any kind while

the horse(s) are with Trainer.

c.) All horses described in this agreement have received current vaccinations for:

Disease                                                                      Date Vaccinated                                      By Whom

EEE, WEE                                                                 ______________                      __________________

Sleeping Sickness                                                      ______________                      __________________

Tetanus                                                                       ______________                      __________________

Virus Flu – Rhino                                                _____________                   _________________

Strep – Strangles (Pinnacle)                                                  ___________________                         ___________________

Negative Coggins within one year and renewed annually.

Proof of the vaccinations shall be provided to the Trainer either through the applicable veterinarian

or by some documentation.

d.) Owner shall keep current all vaccinations for the horse(s) as well as be responsible for de-worming

and shoeing the horse(s) on a regular basis.

e.) Owner recognizes that the Trainer engages in “equine activity” as such is defined in #27-1-726(3)

MCA; is an equine activity sponsor as such is defined in #27-1-725(4)MCA>

f) Owner understands that he/she will be engaging in “equine activity” as such is defined in #27-]-726(1)

and is an equine “participant’ as such is defined in #27-1-726(6)MCA.

g.) Owner also recognizes the “risks inherent in equine activities” as such are defined in #27-1-726(7)

MCA as set forth in .section6.01 below.

ARTICLE V * INDEMNITY AND HOLD HARMLESS

5.01 Owner agrees to indemnify and hold harmless from any and all causes of action, judgements, claims,

damages, losses, or injuries caused to the Trainer, the Owner’s horse(s) and or any person, including the

owner, arising out of or in any way related to the actions or inactions of the Boarder and/or anyone of the

Owner’s horses identified in this agreement, or other Boarders or their horses.

ARTICLE VI * ASSUMPTION OF RISK

6.01 Owner understands and assumes the risks inherent in equine activity which are dangerous or conditions that are an integral part of equine activities including but not limited to:

a.) The propensity of an equine to behave in ways that may result in injury or harm to or the death of

persons on or around the equine;

b.) The unpredictability of an equine reaction to such things as medications; sounds; sudden movement;

unfamiliar objects, persons, or other animals.

c.) Hazards, such as surface and subsurface ground conditions;

d.) Collisions with other equines or objects; or

e.) The potential of another participant to not maintain control over the equine or to not act within the

person’s ability.

f.) The unpredictability of an equine reaction in an equine herd situation which may result in injury or

harm to or the death of the Owner’s horse(s) or to another Boarder’s horse(s).

 

 

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6.02 Owner hereby releases the Trainer and adjoining landowner from any claims or causes of action he/she may have for any damages or injuries caused to him/herself or horse(s) arising out of or related to Owner boarding his/her horse(s) at the Stable, Owners participation in or ability to participate in equine activity, unless such injury or damage is caused by the intentional act of the Trainer or the willful or wanton disregard for the safety of the Owner by the Trainer and such disregard caused the injury.

ARITCLE VII * REMEDIES UPON DEFAULT

7.01 If Owner fails to timely pay Trainer the amount owed, as set forth in Article II above, or refuses to comply with the representations and warranties set forth in Article IV above, the Trainer shall have the right to:

a.) Terminate this lease upon two days written notice;

b.) Obtain lien upon the Owner’s horse(s) for any unpaid amounts;

c.) Without process of law, retain the Owner’s  horse(s) described herein until the amount of indebtedness

is discharged and/or .

d.) Seek any-other remedies provided in law or equity.

ARTICLE VIII*NOTICES

8.01 Unless terminated by a breech, either party may terminate this agreement by providing the other party 30 days advanced notice.

8.02 Notices described in section 8.01 must be in writing and mailed to the parties at the following address:

Trainer:                                                                       Owner:

Don Funke                                                              Name_______________________________________

34 Merlin                                                                Address_____________________________________

Bozeman, MT 59718                                              State_________________Zip___________________

Such notices will be deemed delivered on the date mailed and the 30 days shall run from the date of the notice.

8.03 All other notices discussed in this agreement may be in writing or oral.

ARTICLE IX *MISCELLANEOUS

9.01 Governing Law: This agreement shall be governed by, and construed in accordance with, the law of the State of Montana.

9.02 Voluntariness: Each of the parties hereto fully understands the terms, conditions, and provisions of this agreement, voluntarily enter into the same and believe its terms to be fair, just, adequate and reasonable.

9.03 Entire Agreement: This Agreement represents the entire agreement among the parties, unless exhibits have been attached hereto. The terms are contractual in nature and are not mere recitals, and shall be binding upon the respective heirs, executors, administrators, successors, representatives and assigns of the parties hereto.

9.04 Severability: The illegality or unenforceability of any provision of the Agreement of any instrument or

agreement required hereunder shall not in any way affect or impair the legality or enforceability of the

remaining provisions of this Agreement or any instrument or agreement required hereunder.

9.05 Attorney’s Fees: If any party materially defaults in performing any of his or her obligations under this

Agreement, the other party shall be entitled to recover all the defaulting party reasonable attorney’s fees,

court costs, and other expenses the non-defaulting party may have incurred in connection with enforcing

the terms and conditions of this Agreement.

9.06 Headings: The caption headings used in this Agreement are for convenience only and do not apply to, or affect, the construction or interpretation of any of the terms thereof.

IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the first date above written.

Trainer:                                                    Owner:

 

 

________________________Date         ______________________Date________

Donald C. Funke

 

 

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Colic Information:

I, the Owner, understand that there are many different manifestations of colic in horses and that usually immediate attention and minor drugs and/or doctoring by a veterinarian will generally remedy the situation. Emergency colic surgery is not necessarily the first and only option, however, should I be faced with that decision as the only remedy to possibly save my horse’s life (and I am not reachable) I hereby authorize you, Donald C. Funke or  Shamrock Stables or it’s employees to act in the following manner on my behalf

It is understood that everything possible would be done by the Trainer, Stable, and my chosen veterinarian to help my horse short of surgery.

____ I authorize the procedure if my chosen vet feels that colic surgery is the only possible life-saving

remedy, I also understand that this procedure is very expensive and does not guarantee my horse’s survival.

I will be responsible for all charges related to a colic incident.

____I do not authorize colic surgery for my horse but will be responsible for any other actions deemed

necessary by my vet, including euthanasia. I will be responsible for all charges related to a colic incident.

 

 

 

Owner’s Signature                                                                                                             Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HORSE TRAINING AGREEMENT

 

This Agreement is entered into this____day of______ , 200__ by and between Donald C. Funke, 34 Merlin, Bozeman, Montana 59718 and

(Owner’s name)____________________________________________ of

(Owner’s address)_______________________________________________________________

Owner’s home phone_____________________________________work phone______________

Cell Phone____________________

Owner’s preferred veterinarian__________________________Vet’s Phone_________________

Preferred farrier___________________________Farriers phone___________________________

 

Whereas, Owner owns the following horse(s):

Name_____________________________________________Estimated Value_____________

Age_____________ Sex____________Breed________________________________________ Brands/markings________________________________________________________

 

Name______________________________ Estimated va1ue____________

Age_____________Sex____________Breed_________________________________________

Brands/markings________________________________________________________________

 

 

Whereas, owner desires trainer to  train above horses at Shamrock  Stable. Whereas, trainer

desires to train owners horse(s); Now, Therefore, in consideration of the mutual agreements,

provisions and covenants contained herein, the parties agree as follows:

ARTICLE I * TERM

1.01 The term of this training shall be day to day, unless otherwise specified herein. The training  term shall continue on a day to day basis unless notice of termination of training has been provided by either owner or trainer as discussed in Article VIII below.

ARTICLE II * PAYMENT

 

2.01 The hourly rate for training a horse shall be as follows with payment due on the 15th and 30th of each month:

____Training fee $_____per hour

_____Boarding fees apply at a rate of $___per day

_____Travel fee applies at $_____per round trip

 

TRAINING FEES DUE

2.02 Trainer will submit a bill to owner on the 15th and 30th  of each month.

2.03 Payment  shall be deemed timely if received by trainer prior to the 20th for services billed on the 15th and by 5th of the month for services billed on the 30th.. At Trainers sole discretion, He may assess owner a late fee of $25 per day for each day after the 20th or 5th the payment is overdue.

2.04 Owner agrees to be responsible for any and all veterinarian expenses and, hereby assigns trainer the power to contact vet due to medical emergencies. In the event trainer must contact horse’s vet in order to keep the horse current with vaccinations, owner shall be responsible to pay trainer $40 per incident per horse as well as the Owner’s responsibility to pay the veterinarian for his/her services.

2.05 Trailering of Owner’s horses is $1 per mile; an additional $20 per day will be charged for any special care the horse is required while with Trainer; while a horse is at another facility due to medical needs the Trainer will credit the Owner the normal board rate during that period.

1

 

 

ARTICLE III * ACCOMODATIONS FOR HORSE

3.01 In exchange for the covenants and payments discussed herein, Trainer shall provide for each of Owner’s horses: AM and PM feeding of hay, ample water, salt/mineral block, and complete use of facility:

tack building, trailer parking, outdoor arena, indoor arena, round pen, restroom, and wash rack.

If Owner desires to feed his/her horse(s) something different from the hay provided by the Trainer, the

Owner shall notify the Trainer and provide the Trainer with alternative feed. There will, however, be no

reduction in the total amount due under Article II if alternative feed is used.

ARTICLE IV *OWNER’S REPRESENTATION & WARRANTIES

4.01 Owner represents and warrants the following:

a.) He/she is the owner of the horse(s) described in this agreement.

b.) All horses described in this agreement are free of any liens or encumbrances of any kind (expressed or

implied) and that Owner will keep the horse(s) free of any liens or encumbrances of any kind while

the horse(s) are with Trainer.

c.) All horses described in this agreement have received current vaccinations for:

Disease                                                                      Date Vaccinated                                      By Whom

EEE, WEE                                                                 ______________                      __________________

Sleeping Sickness                                                      ______________                      __________________

Tetanus                                                                       ______________                      __________________

Virus Flu – Rhino                                                _____________                   _________________

Strep – Strangles (Pinnacle)                                                  ___________________                         ___________________

Negative Coggins within one year and renewed annually.

Proof of the vaccinations shall be provided to the Trainer either through the applicable veterinarian

or by some documentation.

d.) Owner shall keep current all vaccinations for the horse(s) as well as be responsible for de-worming

and shoeing the horse(s) on a regular basis.

e.) Owner recognizes that the Trainer engages in “equine activity” as such is defined in #27-1-726(3)

MCA; is an equine activity sponsor as such is defined in #27-1-725(4)MCA>

f) Owner understands that he/she will be engaging in “equine activity” as such is defined in #27-]-726(1)

and is an equine “participant’ as such is defined in #27-1-726(6)MCA.

g.) Owner also recognizes the “risks inherent in equine activities” as such are defined in #27-1-726(7)

MCA as set forth in .section6.01 below.

ARTICLE V * INDEMNITY AND HOLD HARMLESS

5.01 Owner agrees to indemnify and hold harmless from any and all causes of action, judgements, claims,

damages, losses, or injuries caused to the Trainer, the Owner’s horse(s) and or any person, including the

owner, arising out of or in any way related to the actions or inactions of the Boarder and/or anyone of the

Owner’s horses identified in this agreement, or other Boarders or their horses.

ARTICLE VI * ASSUMPTION OF RISK

6.01 Owner understands and assumes the risks inherent in equine activity which are dangerous or conditions that are an integral part of equine activities including but not limited to:

a.) The propensity of an equine to behave in ways that may result in injury or harm to or the death of

persons on or around the equine;

b.) The unpredictability of an equine reaction to such things as medications; sounds; sudden movement;

unfamiliar objects, persons, or other animals.

c.) Hazards, such as surface and subsurface ground conditions;

d.) Collisions with other equines or objects; or

e.) The potential of another participant to not maintain control over the equine or to not act within the

person’s ability.

f.) The unpredictability of an equine reaction in an equine herd situation which may result in injury or

harm to or the death of the Owner’s horse(s) or to another Boarder’s horse(s).

 

 

2

 

 

6.02 Owner hereby releases the Trainer and adjoining landowner from any claims or causes of action he/she may have for any damages or injuries caused to him/herself or horse(s) arising out of or related to Owner boarding his/her horse(s) at the Stable, Owners participation in or ability to participate in equine activity, unless such injury or damage is caused by the intentional act of the Trainer or the willful or wanton disregard for the safety of the Owner by the Trainer and such disregard caused the injury.

ARITCLE VII * REMEDIES UPON DEFAULT

7.01 If Owner fails to timely pay Trainer the amount owed, as set forth in Article II above, or refuses to comply with the representations and warranties set forth in Article IV above, the Trainer shall have the right to:

a.) Terminate this lease upon two days written notice;

b.) Obtain lien upon the Owner’s horse(s) for any unpaid amounts;

c.) Without process of law, retain the Owner’s  horse(s) described herein until the amount of indebtedness

is discharged and/or .

d.) Seek any-other remedies provided in law or equity.

ARTICLE VIII*NOTICES

8.01 Unless terminated by a breech, either party may terminate this agreement by providing the other party 30 days advanced notice.

8.02 Notices described in section 8.01 must be in writing and mailed to the parties at the following address:

Trainer:                                                                       Owner:

Don Funke                                                              Name_______________________________________

34 Merlin                                                                Address_____________________________________

Bozeman, MT 59718                                              State_________________Zip___________________

Such notices will be deemed delivered on the date mailed and the 30 days shall run from the date of the notice.

8.03 All other notices discussed in this agreement may be in writing or oral.

ARTICLE IX *MISCELLANEOUS

9.01 Governing Law: This agreement shall be governed by, and construed in accordance with, the law of the State of Montana.

9.02 Voluntariness: Each of the parties hereto fully understands the terms, conditions, and provisions of this agreement, voluntarily enter into the same and believe its terms to be fair, just, adequate and reasonable.

9.03 Entire Agreement: This Agreement represents the entire agreement among the parties, unless exhibits have been attached hereto. The terms are contractual in nature and are not mere recitals, and shall be binding upon the respective heirs, executors, administrators, successors, representatives and assigns of the parties hereto.

9.04 Severability: The illegality or unenforceability of any provision of the Agreement of any instrument or

agreement required hereunder shall not in any way affect or impair the legality or enforceability of the

remaining provisions of this Agreement or any instrument or agreement required hereunder.

9.05 Attorney’s Fees: If any party materially defaults in performing any of his or her obligations under this

Agreement, the other party shall be entitled to recover all the defaulting party reasonable attorney’s fees,

court costs, and other expenses the non-defaulting party may have incurred in connection with enforcing

the terms and conditions of this Agreement.

9.06 Headings: The caption headings used in this Agreement are for convenience only and do not apply to, or affect, the construction or interpretation of any of the terms thereof.

IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the first date above written.

Trainer:                                                    Owner:

 

 

________________________Date         ______________________Date________

Donald C. Funke

 

 

3

 

 

 

 

 

 

Colic Information:

I, the Owner, understand that there are many different manifestations of colic in horses and that usually immediate attention and minor drugs and/or doctoring by a veterinarian will generally remedy the situation. Emergency colic surgery is not necessarily the first and only option, however, should I be faced with that decision as the only remedy to possibly save my horse’s life (and I am not reachable) I hereby authorize you, Donald C. Funke or  Shamrock Stables or it’s employees to act in the following manner on my behalf

It is understood that everything possible would be done by the Trainer, Stable, and my chosen veterinarian to help my horse short of surgery.

____ I authorize the procedure if my chosen vet feels that colic surgery is the only possible life-saving

remedy, I also understand that this procedure is very expensive and does not guarantee my horse’s survival.

I will be responsible for all charges related to a colic incident.

____I do not authorize colic surgery for my horse but will be responsible for any other actions deemed

necessary by my vet, including euthanasia. I will be responsible for all charges related to a colic incident.

 

 

 

Owner’s Signature                                                                                                             Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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