Anita and Randy Howe

9969 D Highway, Napoleon, Missouri  64074

816.230.6247  mobile 816.686.7748

 

TRAINING CONTRACT

WITNESS THIS AGREEMENT this _____ day of ________________, in the year __2008_, by and between ___Anita Howe___, hereinafter referred to as "Trainer" and ___________________________________________, Hereinafter referred to as "Owner.

 Trainer agrees to accept Owner’s horse __________________________, Reg. # __________________ for training, and it is the plan and intention of the Owner to place this horse into training. It is understood and agreed that the events or purpose for which the horse as above-described is accepted for training are as follows:

__Gaited horse to be trained under saddle (including ground work as needed) in traditional breed gaits and in willingness to carry a rider, without the use of artificial aids such as heavy shoes, chains, pads, or action devices of any kind. __Primary focus will be on gait correction and/or behavior modification as discussed and agreed to with owner.  Trainer agrees to work with owner's horse for 5 hourly lessons per week or some reasonable variation thereof.

  1. FEES, TERM, AND LOCATION:
bulletOwner shall pay the Trainer for professional services and board as described below:
bulletThe fee of __$625.00**___ per month combined training and stall board, stall board alone being ___$275.00**___ per month,
bulletOr   $550.00   per month combined training and communal pasture board, pasture board alone being   $200.00  . 
bulletWe recommend for horses to be in training for a minimum of ___Two***__ month(s). Any training periods less than 60 days will be negotiated on a case by case basis. 
bulletAll fees for training shall be payable thirty (30) days in advance, (by the beginning of the training month). A security deposit of ___$0___ payable with this Contract, shall be refunded within thirty (30) days after completion of this agreement or termination of training. Changes in monthly rates or other charges are subject to alteration upon thirty- (30) day’s notice to Owner.
bulletAll expenses incurred for veterinarians, shoeing, or Trainer shall be billed with any other out-of-pocket costs after the incurrence thereof and included in the next billing.
  1. PAYMENT OF INVOICES:
bulletInvoices are payable upon receipt. Upon completion of this agreement, the remainder of any and all expenses shall be due and payable immediately and the animal will not be released from Trainer’s possession until all expenses are paid in full. In the event payment is overdue by fifteen (15) days, Trainer shall be entitled to a lien against the horse in the full amount due. Enforcement of said lien shall be at the discretion of Trainer who may sell the horse for amounts outstanding in accordance to the appropriate laws of the State.
bulletBillings for the subsequent month shall be issued by the 25th, day of the current month and shall include any additional out-of-pocket expenses.  Emailed invoices are an acceptable method of billing, pending the owner having on-line email capabilities, otherwise invoices will be mailed through the US Postal service. Note: non-receipt of invoice prior to the new month does not in any way effect the owner's liability or responsibility to pay by the beginning of that month.
  1. VETERINARIAN, SHOEING AND RELATED SERVICES:
bulletTrainer assumes responsibility for arranging veterinarian and farrier services as necessary. Trainer will use a veterinarian and farrier of her choice to provide ordinary and necessary care unless Owner has requested Owner’s veterinarian and farrier be used. However, if they are unavailable, Trainer will engage his choice.
bulletAll veterinarian, farrier and medicine expenses shall be paid by Owner, as further described herein. Owner agrees to provide Trainer with all health records with regard to the horse(s).
bulletOwner agrees to have the horse(s) wormed and vaccinated on a regular schedule. In the event same is not accomplished and proof of same presented to Trainer within thirty (30) days from the date of such services or veterinary treatment, trainer is authorized to arrange for such treatment, but not obligated to do so. Such expense for same shall be the obligation of Owner, and upon presentation by Trainer of the bill for such services rendered, including service charges. Such bill shall be paid within fifteen (15) days from the date the bill is submitted to the Owner.
bulletTrainer reserves the right to refuse any horse upon the premises if same does not appear to Trainer to be in good health, or is deemed dangerous or undesirable.
  1. TRAINING OF HORSE:
bulletThe Trainer shall train horse and perform all services in accordance with generally accepted professional standards. Trainer cannot and does not guarantee the effect of the training program or that any particular results will be achieved, since this depends a great deal on the individual physical and mental ability of each horse. Trainer shall furnish all labor, provide suitable facilities and care for horse in an adequate manner with feed being determined by the Trainer. The Trainer has complete control over the manner of training and shall take all precautions for the proper performance thereof.
  1. SHOWING OF HORSE.
bulletUnless specifically advised by the Owner not to exhibit said horse, Trainer shall, at Trainer’s discretion, have the horse shown at the horse shows of his choice.
bulletTrainer shall provide any necessary transportation to and from said shows at the rate of ____32___ cents per mile, plus _____0_____ per show with the minimum charge per show being __$10.00___. In the event professional horse transportation services are utilized, Owner agrees to pay all said applicable charges. Owner shall pay for any and all entry fees, ground fees, stall and bedding fees, or other directly related charges incurred while horse is being shown or transported, including any and all lay-up charges in transit. This includes an allocation of the horse Owner’s prorated portion of expenses for all horses being shown by Trainer at the time said expenses were incurred in order to reimburse Trainer for Trainer’s and Trainer’s employee’s expenses, costs of grooms and related expenditures incurred while away from the Farm.
bullet_Owner_ shall receive all trophies and ribbons earned by said horse. Owner shall receive _50_% of all remaining money earnings after any reimbursements for fees to Trainer. Trainer shall be entitled to be reimbursed to the extent of _100_% of said advances prior to all other such disbursements.
  1. DEATH OF HORSE:
bulletIt is hereby agreed that in the event of the death of the horse, sale of the horse, or if the horse becomes unfit to train, Trainer has the option of accepting another horse, in accordance with this condition set forth herein within seven (7) days; or, in the alternative, terminating this agreement upon payment of all expenses and fees already incurred.
  1. FEED, FACILITIES, AND SERVICES:
bulletTrainer agrees to provide adequate feed and facilities for normal and reasonable care required to maintain the health and well being of the animals in training. Owner acknowledges Owner has inspected the facilities and finds same in safe and acceptable order.
  1. RISK OF LOSS AND STANDARD OF CARE:
bulletDuring the time that the horse(s) is/are in custody of Trainer, Trainer shall not be liable for any sickness, disease, astray, theft, death or injury, which may be suffered by the horse(s) or any other cause of action whatsoever, arising out of or being connected in any way with the boarding of said horse(s), except in the event of negligence on the part of Trainer, its agents, and/or employees. This includes, but is not limited to, any personal injury or disability the horse Owner, or Owner’s guest, may receive on Trainer’s premises.
bulletThe Owner fully understands that Trainer does not carry any insurance on any horses 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 horse(s) in the possession of, and on the premises of Trainer are to be borne by the Owner.
bulletThe standard of care applicable to Trainer is that of ordinary care of a prudent horse 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 Dollars ($5,000) per animal.
bulletOwner 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 Five Thousand Dollars ($5,000).
bulletOwner 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.
  1. INHERENT RISKS AND ASSUMPTION OF RISK:
bulletThe undersigned acknowledges there are inherent risks associated with equine activities such as described below, 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, kicking, shying, stumbling, 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 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.
  1. HOLD HARMLESS:
bulletOwner agrees to hold Trainer harmless from any and all claims arising from damage or injury caused by said horse(s) to anyone, and defend Trainer from any such claims. Owner agrees to disclose any and all hazardous or dangerous propensities of horse(s) boarded with Trainer. Trainer reserves the right to notify owner within seven (7) days of the horse’s arrival if said horse, in Trainer’s opinion, is dangerous, untrainable, unhealthy, handicapped, or otherwise unfit for training. Upon such notification, Owner shall remove said horse within seven (7) days, and all expenses incurred for the horse’s stay shall be paid prior to departure. Upon payment of all fees, this contract shall be deemed terminated.
  1. EMERGENCY CARE:
bulletTrainer 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, and farrier care required for the health and well-being of said horse(s).
bulletAll 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.
bulletTrainer 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 or on Owner’s Information Sheets, that the horse(s) is/are not surgical candidates.
bulletOwner 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).
  1. LIMITATION OF ACTIONS:
bulletAny action or claim brought by Owner against Trainer for breach of this Contract or for loss due to negligence must be brought within one (l) year of the date such claim or loss occurs.
  1. OWNERSHIP-COGGINS TEST:
bulletOwner warrants that he owns the horse(s) and will provide proof satisfactory to Trainer of the negative Coggins test upon request. COGGINS #________________________________________
  1. CHANGES OR TERMINATION OF THIS AGREEMENT:
bulletThe Parties agree that this Agreement may be changed or terminated by Trainer upon thirty- (30) days notice, regardless of the rental or training period. All notices must be issued in writing unless otherwise agreed upon by the parties.
  1. RULES AND REGULATIONS:
bulletThe Owner agrees to abide by all the rules and regulations of the Trainer. In the event someone other than the Owner shall call for the horse(s), such person shall have written authority signed by the Owner to obtain said horse(s), and prior notification of intent shall be made via email or telephone from the Owner of such arrangements.
bulletNo horses are to be removed from Trainers premises without said prior notification of intent.
  1. RIGHT OF LIEN:
bulletThe 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
bulletTrainer’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 _$200.00__ will be assessed.
  1. ENTIRE AGREEMENT:
bulletThis contract represents the entire agreement between 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 Trainer’s stable, and shall be enforced and interpreted in accordance with the laws of said State.
  1. ENFORCEABILITY OF CONTRACT AND SEVERABILITY:
bulletIn the event one or more parts of this contract are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect.

**The board and training fees above cover boarding in communal pasturage, with stall time only during inclement weather situations.  Should owners desire complete stall time when the horse is not actively being trained there will be additional costs assessed.

***Please note: any horses not yet being ridden, or not yet completely comfortable with carrying a rider, will require a minimum of a 3 month commitment in order to be accepted at Howe They Walk Farm for training.

Please be aware that the following are requirements for horses coming to Howe They Walk Farm

  1. They must be sound, healthy and in good flesh.

  2. They must be current on all vaccinations and wormings.

  3. They must be either barefoot or keg shod all around with natural hoof angles, no toe lengths in excess of 4 inches.

  4. Any wolf teeth should have been extracted and they should have had a dental float within the last 6 months.

  5. No horse younger than 3 yrs old will be accepted for training.

  6. The canter will not be trained on any horse younger than 4 yrs. old.

  7. Sorry, but we cannot accept stallions for training, due to limitation in our boarding facilities.

 

Owners Name:_____________________________________________

Address: City / State / Zip Code ______________________________________________

_______________________________________________________________________________

Daytime Phone Evening Phone: __________________________________

Cellular phone or emergency contact: _______________________________

 

Signature of Owner (Or Authorized Agent) and Date   ________________________________________________

 

Signature of Trainer and Date: ___________________________________________________

Anita J. Howe

Howe They Walk Farm, 9969 D Highway, Napoleon, MO  64074  * 816-230-6247  mobile 816-686-7748  fax 816-697-3794