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Mark Shaffer Show Horses
2007 Training & Showing Contract
This training contract is made and
entered into on this _____ day of _____, 20____, by and between,
Mark Shaffer, hereinafter designated "Trainer", and
______________________, hereinafter designated "Owner", and if
owner is a minor, Owner's parent or guardian
______________________. Trainer agrees to accept Owner's horse
____________________________
Reg. # _________________ for training; and it is the plan and
intention of Owner to place this horse into training. For and in
consideration of the mutual agreements hereinafter set forth, the
Owner and Trainer mutually agree as follows:
1.} Owner shall pay trainer for
professional services as described below, the fee of $1,000.00 per
month or $34.00 a day, for training and board, board alone being
$500.00 per month or $17.00 a day. Monthly rates and all other
charges are subject to change upon 30 days written notice to
Owner. Owner also has the option of paying by credit card {Master
card/Visa/Amex.} a 2.5% merchant charge is applied to balances
paid by credit card.
2.} Invoices are dated the 25th of
each month, and are payable by the 10th of the proceeding month.
If payment is not received or postmarked by the 10th a $35.00 late
fee will be applied on the proceeding months invoice. In addition,
a 2.5% finance charge will be applied if payment is not received
by the 20th. If payment in 90 days past due, Trainer is entitled
to lien against the horse for amount due and shall enforce lien
and sell horse for amount due, according
to the appropriate laws of the state. On completion of this
contract, remainder of expenses are due and payable. Horse will
not be released until all expenses are paid in full.
3.} Trainer will use a
veterinarian and farrier of his choice to provide ordinary and
necessary care, unless Owner has requested his or her veterinarian
_______________________ and his or her farrier
____________________ is used; however if they are unavailable
trainer will engage his choice. All veterinarian, farrier, and
medicine expenses shall be paid by Owner.
4.} Trainer shall train horse and
perform all services in accordance
with generally accepted
professional standards. Trainer does not and cannot guarantee
effect of training program or that any particular results will be
achieved, since this depends a great deal on the individual
ability of the horse. Trainer shall furnish all labor, provide
suitable facilities and care for horse in an ordinary manner with
feed being determined by training schedule and individual 's
metabolism. Trainer has complete control over manner of training
and shall take precautions for proper performance thereof.
5.} Both parties agree that Mark
Shaffer Show Horses {Ranch}, the trainer, their agents and
employees are not liable for death, sickness and/or accident
including consequential damages to horse unless such death,
sickness and/or accident
was caused by the willful and wanton gross negligence of Trainer;
and the Owner is not liable for death, sickness and/or accident
including consequential damages caused by horse, unless Owner had
knowledge of horse's pre-existing problems which were the direct
cause of such.
6.} Horse shall be healthy and
sound, free from infectious, contagious or transmissible diseases.
A negative coggins test, photocopy of registration papers,
veterinarian's health certificate, plus a health, worming and
immunization record must accompany horse, if not, horse will be
examined and/or tested at Owner's expense.
7.} Trainer reserves right to
notify owner within 7 days of arrival if horse, in Trainer's
opinion, is deemed dangerous, handicapped, or untrainable; in such
case, Owner is responsible for removing horse within 7 days and
all expenses incurred during horse's stay. After all fees have
been paid in full, contract is concluded.
8.} Trainer will show horse at
mutually agreed upon shows. Trainer shall provide transportation @
.75 a mile, plus $80.00 a day minimum charge per show. Day charge
begins when horse departs ranch and ends when horse arrives back
to ranch. Additional mileage may be charged while at show to cover
miles traveled to and from hotels and restaurants. Seasoning horse
transportation will be .60 a mile and $55.00 a day.
9.} Owner shall pay horse's entry
fees, ground fees, stall fees, and/or expenses incurred while
being shown or transported.
10.} Distribution of prize money
shall be determined by custom of the show circuit. Owner shall
receive all trophies and ribbons. Trainer shall receive for
futurities, maturities, versatilities, and any class half {50%} of
all horse's winnings.
11.} It is agreed that should
horse die, be sold, by owner or become unfit to train. Trainer has
the option of accepting another horse, according
to paragraphs 6 & 7, as a replacement within 7 days; or, making
all fees due and payable whereas this contract is concluded.
12.} Training and commencement of
this contract shall begin on or about ________________. Owner
and/or Trainer may terminate this contract for any reason, after
minimum training period. Trainer shall be paid for all fees
incurred up to termination date. After all fees have been paid in
full, contract is concluded.
13.} It is the Owner's
responsibility to carry full insurance coverage on his or her
horse and all personal property. Insurance Company
________________________ Telephone # _____________________.
14.} Should either party breach
this contract, the breaching party shall pay for the other's court
costs and attorney's fees related to such breach.
15.} This agreement is
non-assignable and non-transferable, except as stated above. This
contract is made and entered into the state of Texas and shall be
enforced and interpreted under the laws of this state. Should any
clause above be in conflict with state law, that individual clause
shall be null and void.
16.} This contract represents the
entire agreement between the parties. No other agreements or
promises, verbal or implied are included unless specifically
stated in this written contract. Additional agreements should be
individually initialed by each party. When Trainer and Owner and
Owner's parent or guardian, if Owner is a minor sign this
contract, it will then be binding on both parties, subject to the
above terms and conditions.
____________________
Trainer {or authorized agent's} signature
____________________
Owner {or authorized agent's} signature
____________________
Owner's address & telephone
____________________
Owner's Parent or Guardian {if Owner is a minor}
Warning Under
Texas Law
{Chapter 87, Civil Practice & Remedies Code}
An equine Professional is not liable for an injury to or the death
of a participant in equine activities resulting from the inherent
risks of equine activities |