Tara Carpio Arabians, LLC P.O. Box Phoenix, AZ

Transcription

1 Tara Carpio Arabians, LLC P.O. Box Phoenix, AZ TRAINING AND SHOWING AGREEMENT This agreement is made on this day of, 20 by and between Tara Carpio Arabians,LLC (Hereinafter referred to as TA ), and (hereinafter referred to as Owner ) if Owner is minor, Owner s parent or guardian. This agreement requires a separate Exhibit A to be completed for each horse in training, with the terms and conditions of the Master Agreement herein applicable to ALL horses owned by the individual stated above as Owner sent to TA for training, under the terms set forth below. This agreement additionally includes separate Attachments A, B, C, and D incorporated by reference herein and included as part of Master Agreement. 1. The horse(s) covered under this Agreement include those horses more specifically identified on attached exhibit A, incorporated by reference herein. Owner certifies that owner: ( ) has sole title and registration to horse. ( ) has purchased the Horse on installment contract with final payment due to original owner identified on Exhibit A. ( ) leases the Horse from Original Owner identified on Exhibit A. ( ) is one of several owners identified on Exhibit A Owner further certifies that Owner enjoys full authority to enter into this agreement on behalf of Owner and any other entities with an ownership interest in horse, as identified on Exhibit A, that Owner s s signature herein signifies Owner s express appointment as Agent for all owners of the horse, and Owner s agreement to remain fully liable for all decisions contractually made within this agreement. 2. The horse(s) shall be in healthy and sound condition and free from infection and transmissible diseases. A negative Coggins test, photocopy of registration papers, records of worming, immunizations and shoeing accompany the horse(s). when horses are confined in large numbers under the same roof, health can be a big problem, especially for young horses. Therefore, we require the following: A. Flu/Rhino, Eastern Encephalitis, Western Encephalitis, Tetanus, Strangles, West Nile Virus, Rabies, and paste wormed days prior to arrival to TC. TA reserves the right to refuse any horse(s) arriving without said paperwork and/or found to be in unhealthy or unsound condition. Alternatively, TA reserves the right to secure the necessary Coggins and vaccinations with charges for same accepted as Owner s responsibility.

2 3. Owner acknowledges that he/she have inspected the training facilities and finds them safe and proper order. 4. Training includes: A. Groundwork, riding, and turnout in a combination determined in TA s discretion to best prepare the horse to meet the Owner s goals. Owner s goals are identified as follows: B. 1 Lesson per week free of charge AFTER 30 days of training. (See Lesson Policy, Exhibit C, attached and incorporated by reference) C. A clean safe stall.. D. Trainer s selection and oversight of hay, grain and supplements fed per Trainer s discretion in the type and quantity sufficient to maintain healthy weight and condition; and free choice water. NOTE: Owner expressly agrees to Trainer s authority over the feeding regiment of the horse while in training. E. Turnout (time and weather permitting per Trainer s Discretion). NOTE: Owner acknowledges that regular turnout is considered a key element of the horse s training, where Trainer views adequate turnout as necessary to the mental and Physical well being of the horse. 5. Owner will pay TA for professional services herein described in accordance with the Rates and Charges form, Exhibit B, signed by the parties, attached and incorporated by reference herein. Rates may be adjusted per TA discretion at any time. TA shall arrange veterinarian and farrier services as necessary. All veterinarian, farrier and supplies will be paid by owner. Owner agrees to have horse(s) wormed, vaccinated, and teeth floated on a regular schedule set by TA. Invoices are due and payable as outlined in the Rates and Charges form in Exhibit B. Upon completing or termination services under this Agreement, any remaining balance must be paid in full. Owner MAY NOT remove any horse(s) or property for TA possession until all expenses, fees, and services have been paid in full. If invoices are not paid by the owner when billed, the owner is given notice that TA declares a statutory lien right as set forth in the laws of the State of Arizona and/or a contract lien right under the Arizona Uniform Commercial Code per TA election. TA shall have a lien against any horse(s) and where permissible, any foals and/or tack or other personal property of Owner stored on premises, said lien in the amount representing the value of all costs and expensed advanced or accrued by TA for all services provided under this Agreement, including competition transportation and fees and including late pay fees and interest. TA is entitled to enforce the lien, according to appropriate laws, which shall include, but are not limited to, TA s right to sell the horse(s) and personal property to recover all amounts due to TA. TA shall have the right to retain the horse(s) and property in accordance with applicable law to satisfy the debt owed to TA. The Owner shall also be responsible to pay all costs of sale including legal fees incurred by TA. Any proceeds of the sale of horse(s) and

3 property, which exceed the balance due, expenses of the sale and continuing Board/Training for the horse(s) shall be sent to the Owner. TA also has the right to demand that all indebtedness be paid in cash, cashier s check or money order. 6. Training shall begin per the entry date reflected on Exhibit A, and will continue until both parties agree to terminate the agreement. TA reserves the right to immediately terminate the agreement without notice, for cause. Termination without cause requires (30) days prior written notice by the terminating party to the other. 7. TA will train the horse(s) to the best of its ability and perform all services accordance with generally accepted professional standards. TA cannot and does not guarantee the effect of the training program or that any particular results will be achieved, since performance is variable day to day and depends on a variety of factors beyond the trainer s control, including but not limited to the individual physical and mental ability and capacity of each horse and rider. 8. Owner grants TA or their employees (under their supervision) permission to administer any and all medications that have been prescribed by the veterinarian for the Owner s horse(s). TA agrees to administer medication as per veterinarian instructions. 9. In case of illness or injury to the horse(s), TA shall have the right to obtain veterinarian and farrier care for the horse(s) without permission and before notifying owner. This is to ensure the protection, health and safety of the horse(s). In the case of emergency, TA agrees to exercise reasonable attempts to contact Owner should TA feel that medical treatment or farrier service is needed for the horse(s) but if TC is unable to contact Owner, TA is then authorized (but is under no duty) to secure emergency veterinarian or farrier care as TA, in TA s discretion, deems necessary for the health and well being of the horse(s). In the event of an emergency requiring surgery, unless specifically prohibited below, TA shall secure surgical care if recommended by a veterinarian in the event of colic, or other life threatening illness with said surgical care remaining the financial responsibility of Owner. Please mark the appropriate instructions below and initial. a. Owner specifically authorizes emergency surgery per TA discretion. Owner s initials: b. Owner specifically refuses to grant TA right to authorize emergency surgery care without Owner s consent; understanding that TA s inability to contact owner to secure same may result in the deterioration of, or death to, the horse. Owner fully accepts these consequences and per the Liability Waiver below, fully releases, and hold harmless TA and its shareholders, members, employees, agent and any attending veterinarian for any damages arising out of Owner s limitations on TA s discretion in securing emergency surgical treatment. Owner s initials:

4 10. Owner agrees to notify TA of any changes in contact information necessary to contact Owner in event of emergency. 11. In the event that per the advice of the attending veterinarian, euthanasia is the only humane alternative for Owner s horse(s) to avoid unnecessary pain and suffering, then the attending veterinarian has the Owner s permission to make that decision. Owner s initials: 12. Owner acknowledges that pursuant to Arizona Statute (1994), Owner has been advised and is aware of the inherent risks associated with equine activities, is willing and able to accept full responsibility for his/her own safety, and hereby releases Tara Carpio individually, and Tara Carpio Arabians, LLC, its shareholders, members, officers, directors, employees and/or agents, (hereinafter collectively The Released Parties ) from all all liability, including damages arising from personal injury or death, whether occurring on or off premises, and including instances of all the alleged general negligence of the Released parties. Owner further releases the Released parties from all liability related to damages of any kind of personal property, which arise out of this Agreement, including the alleged general negligence of the Released parties. Owner further agrees to hold TA and the Released parties harmless from and against any loss, liability damage or costs arising from damage or injury, including death, caused by Owner s horse(s) to anyone or to any personal property as related to performance of this Agreement, and shall fully indemnify TA for damages, costs and expenses incurred in defending same, including reasonable attorney s fees and costs. 13. TA reserves the right to terminate this contract if, in TA s opinion, the horse is dangerous, not trainable, unhealthy, handicapped or otherwise unfit for training. Upon such notification, Owner shall remove said horse within 7 days and all expenses incurred for the horse s stay shall be paid prior to departure. 14. TA shall not be responsible for the theft, loss, damage or disappearance of any tack or equipment or other property stored with TA where same is stored at the Owner s risk. TA shall not be liable for the theft, loss, damage, or disappearance of tack or equipment taken to the horse shows or clinics. Owner has been encouraged to take out personal insurance sufficient to Protect Owner s interest for all liability and property damage exposure. 15. TA will put the horse(s) on a schedule for shoeing, trimming, health, and dental care, including teeth floating, as necessary for its health and performance. All veterinary, dental, farrier, supplement and other related care expenses, as required per the discretion of Trainer, will be paid by the owner either directly or invoiced to the Owner by TA. Said expenses are considered part of the services provided and subject to the lien provisions of paragraph 3 above. 16. If owner elects to show the horse(s), TA will provide transportation to and from the show at a fee determined by TA. Owner will pay all entry fees, stall fees, bedding charges and any other expenses incurred when being shown or transported, including all fees incurred during a layover. In the event that a professional horse transportation service or another professional horse trainer is utilized, Owner agrees to pay all applicable charges. TA shall not be liable for the death, sickness, and/or injury to the horse(s) while the horse(s) is

5 being unloaded, loaded, transported or stabled at the grounds or show. 17. TA recommends that Owner procure and maintain a mortality, major medical and loss of use policy on their horses). Owner is responsible for ensuring that insured values match any value appreciation of the horse. Should Owner obtain insurance on any horse(s) at TA facility, Owner agrees to furnish TA with the name, address and emergency contact numbers for the insurance company or the agent in order to report any medical emergency. Insurance Company and Policy #: Insurance Company Contact Name and Phone Number: 18. Marketing. In the event the Horse is sold to a third party while in the care of TA under the terms of this Agreement, the Horse Owner agrees to pay to TA a sales commission in an amount equal to 20% of the entire sale price due and payable to TA at the time of the closing of such sale. If multiple parties are involved in sale TA will disperse commission appropriately to each party. All sales are subject to commission up to sixty (60) days after departure. 19. During the time that the horse(s) is/are in the custody of TA, TA shall not be liable for damages related to or arising out of any sickness, disease, astray, theft or death or injury which may be suffered by the horse(s) or caused by the horse to another or to personal property, arising out of or being connected in any way with the boarding of the horse(s), even including instances of the alleged negligence of TA and the Released Parties. 20. This Contract may be changed or terminated by TA upon a thirty (30) day notice, regardless of the training period. All notices must be issued in writing unless otherwise agreed upon by the parties. The receipt of updated rate schedules shall constitute notice of change and all rate changes or regulation changes as may be deemed appropriate by TA. This contract may be terminated by Owner based upon Thirty (30) days prior written notice to TA. All fees and charges due to TC must be paid in full before removal of horses and tack/personal property, or alternatively, Owner expressly grants TA an express lien upon same pursuant to paragraph 5 of this Agreement. 21. This Contract is non-assignable and non-transferable except on mutual agreement reduced to writing and signed by both TA and the Owner. 22. This Contract represents the entire agreement between the parties. No other agreements, promises, or representations, verbal or implied, are included herein unless specifically stated in written agreement. 23. This Contract is made and entered into the State of Arizona, and shall be enforced and interpreted in accordance with the law of the State of Arizona. (RIDE AT YOUR OWN RISK). Venue and forum for all disputes arising under this Agreement shall be in the country in which Trainer is located.

6 24. In the event any portion of this Contract is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. 25. The parties acknowledge that this document is a contract and agree the Owner will pay all attorney fees and costs incurred by TA, including Reasonable attorney s fee, in enforcing any provision of this agreement Provided that TA is deemed the prevailing party. 26. Any action or claim brought by Owner against TA arising out of or related to the Contract or the training, riding or boarding of the Owner s horse(s) must be brought within 1 year of the date such claim or loss occurs or be deemed waived. The parties agree in the event of a dispute under this 27. Agreement, said dispute shall be submitted to binding arbitration before a neutral arbitrator mutually selected by the parties, subject to the rules of the American Arbitration Association. SIGNER STATEMENT OF AWARENES I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK. I/WE HAVE BEEN GIVEN THE OPPORTUNITY TO HAVE THIS DOCUMENT REVIEWED BY LEGAL COUNSEL PRIOR TO SIGNING. I/WE HAVE REVIEWED THE RULES AND REGULATIONS OF THIS STABLE WITH ALL OF OUR MINOR CHILDREN. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. OWNER Signature TARA CARPIO ARABIANS, LLC CONTRACT SIGNATURE PAGE

7 1. All contracts must be signed by a person 18 years of age or older. OWNER refers to the adult primarily in charge of accepting the terms of this agreement. If a horse is jointly owned by husband and wife, both parties signatures are required. If a horse is owned by non-related individuals, only the signature of the person primarily responsible for decisions related to the horse is required to sign, unless any other owners of the horse wish to ride the horse on the facilities of the Stable or in off-site Stable sponsored functions, in which case that/those owner(s) must sign this agreement, as well. OWNER (PRINTED) OWNER (SIGNATURE) DATE OWNER (PRINTED) OWNER (SIGNATURE) DATE TRAINER (PRINTED) TRAINER (SIGNATURE) DATE 2. If the Horse will be used by a Minor at any time during the Training Agreement, then the signatures of the Minor and BOTH parents of the Minor are required below as evidence of accepting the terms of this Agreement on behalf of the minor. MOTHERS NAME (PRINTED) MOTHERS (SIGNATURE) DATE FATHERS NAME (PRINTED) FATHERS (SIGNATURE) DATE 3. Please have all minor children who will be utilizing these premises for equine activities sign below after you have reviewed this contract with them. Signature of All Minor Children: Name Age Date Name Age Date EXHIBIT A

8 TARA CARPIO ARABIANS, LLC. HORSE & OWNER INFORMATION: (complete separate document for EACH HORSE) Date Entering Training: Ending Date: ALL HORSES IDENTIFIED UNDER THIS AGREEMENT SUBJECT TO TERMS AND CONDITIONS OF MASTER TRAINING CONTRACT. Name of Horse: Stable Name: Age: Sex: Breed; Registration #: Sweepstakes Nominated: YES NO US Futurity Nominated; YES NO Egyptian Event Futurity Nominated: YES NO Other Futurity Nominations: Owner Information (i.e. Party signing this contract) Name: Address: County City: State: Zip Code: Phone Number (s): AHA Membership#: USEF#: Pyramid Society #: ATTACH CURRENT REGISTATION CERTIFICATE OF HORSE IF APPLICABLE AND CURENT MEMBERSHIP CARDS Additional owners: If horse is owned by multiple owners (i.e. A joint ownership, partnership, installment purchase, and/or lease or similar type arrangement), identify

9 specifically the name and address of the person holding the current ownership registration of the Horse. Registration Holder: Address: County: City: State: Zip Code: Phone number(s): PRIMARY OWNER warrants that he/she has been authorized to enter into this contract on behalf of all other owners of the horse and accepts full liability for all representations made on this Contract Primary Owner Signature Date EXHIBIT B

10 TARA CARPIO ARABIANS, LLC SERVICE FEES AND CHARGES Training $ Halter Lessons $40.00 per lesson Riding Lessons $50.00 per lesson *1 lesson per week included in training lessons do not rollover Transportation $0.80 per mile Minimum Transportation Fee $ Body Clip $ Photo/Video Prep and Presentation $ Seller s Agent Fee 20% Foaling Fee $ Halter Breaking Fee $ Veterinary Fees Billed Direct from Veterinarian Vet/Farrier Handling Fee $15.00 Supplemental Hay/Grain/Supplements Market Price Blanket Wash $10.00 Show Fees Class A Show $ Regional Championship $1, Class A/Regional Championship $1, Egyptian Event $2, Scottsdale All Arabian Horse Show $2, Arabian Breeders Final $1, Las Vegas World Cup $1, Youth Nationals $2, U.S. Nationals $2, The above show fees include all Trainers expense, grooms expense, decorations, and preparation charges (does not include body clip). 2. The above fees do not include entry fees, stall fees, bedding, office and drug fees, AHA and USEF non-member fees or transportation charges. 3. When outside trainer or handler is contracted to show horses for clients, all expenses and charges for this service will be billed per handlers schedule. 4. Clients will be pre-billed for show expense and must be paid in full prior to show. Non-payment will result in horse not attending show. ALL CHARGES MUST BE PAID IN FULL BEFORE HORSES DEPART FROM FARM. 5. Patron packages are pro-rated among the horses attending the show. 6. All services shall cease if balance owing is over 30 days old. An interest rate will be charged on all balances unpaid for 30 days.

11 7. A barn halter, lead, blanket, sheet, slinky, hood, and any other equipment deemed necessary by the farm, if not provided by owner, will be purchased at owner s expense. Nothing will be purchased without owner s permission. 8. We accept Visa, Master Card, and American Express for payments. Checks can be mailed to Tara Carpio 4241 E. Cascalote Dr. Cave Creek, AZ Tara Carpio Arabians, LLC Billing Policy

12 Bills will be sent out on the 25 th of the month, with payment due on or before the 5 th of the billed month. Insufficient fund payments shall be subject to a penalty fee of $50.00 per returned check. A late charge of $5.00 per day per horse will be assessed thereafter and the horse(s) will not be taken to any shows while the account is in arrears. Owner agrees that any of Owner s horse(s) with a balance 30 days overdue may have its Training Agreement automatically cancelled, and be automatically switched to Board only, at Tara Carpio Arabians, LLC s discretion. Owner will be notified one week prior to this action. I have read, understand and agree to the listed charges and policies: BY: Date: Owner (Authorized Agent) EXHIBIT C

13 Tara Carpio Arabians, LLC LESSON POLICY To clarify any misunderstandings regarding the lesson policy for horses in training: After a horse has been in training for 30 days, one free lesson per week is available. This applies only to lessons given on the horse in training and is not cumulative. (i.e. If a lesson is not used one week, it does not carry to the next week.) Clients with multiple horses in training will be charged if more than 1 lesson on the same horse is taken in the same week. Any lessons given on a horse not in training will be charged $40 per halter lesson and $50 per riding lesson, payable at the time of the lesson. If you have any questions, please feel free to contact us. Thank you for your business. EXHIBIT D

14 LIMITED POWER OF ATTORNEY Tara Carpio Arabians, LLC FAILURE TO COMPLETE AND RETURN THIS NOTARIZED DOCUMENT WILL PREVENT TARA CARPIO ARABIANS, LLC FROM SECURING EMERGENCY MEDICAL CARE FOR YOU AND/OR YOUR CHILD IN THE EVENT OF INJURY WHERE YOU OR CHILD IS INCAPACITATED, AND/OR NO OTHER RESPONSIBLE FAMILY MEMBER CAN BE CONTACTED! SIMILARLY, TARA CARPIO ARABIANS, LLC MAY NOT BE ABLE TO SECURE EMERGENCY MEDICAL CARE FOR YOUR HORSE IN THE EVENT OF SERIOUS INJURY OR ILLNESS WITHOUT THIS FORM. TARA CARPIO ARABIANS, LLC. (hereinafter TC ) is expressly authorized as OWNER S agent for the limited purpose of securing either emergency medical care for OWNER, OWNER S spouse, and/or OWNER s minor children, said care to be provided to, direct billed to, and the sole responsibility of OWNER. Individuals covered by this Limited Power of Attorney include (Print Owner s Name and names of all minor children): TA is additionally expressly authorized as OWNER s agent for the limited purpose of securing emergency veterinarian and/or farrier care for OWNER s horse,, identified in Exhibit A above, said care to be direct billed to, and the sole responsibility of OWNER. Said Limited Power of Attorney remains valid and in place for the duration of this Training Agreement. Owner Signature Date Tara Carpio Arabians, LLC Credit Card Authorization Form

15 I hereby give authorization for Tara Carpio Arabians, LLC permission to use my credit card for equine services, boarding and training charges and any late fee charges that may arise. I understand that the credit card processing fees will also be charged to my card. All payments are due and payable on the 10th of each month. A courtesy will be sent to the we have on file for you to remind you that your credit card will be charged on a particular day. If we do not hear back from you, your credit card will be charged automatically on the tenth (10 th ) day of each month. Interest at the rate of seven percent (7%) per month shall be charged and due on all balances unpaid after 30 days. In the event of an NSF check you will be charged an additional $50 fee. It is solely the client s responsibility to update and notify Tara, LLC in writing of any changes in their address and credit card and address billing information. Address: Print Name as it appears on credit card: Credit Card (Circle One) MasterCard Visa Amex # Expiration Date: Security Code (on back of credit card): Zip Code (assigned to this credit card): Signed: Tara Carpio Arabians, LLC Check Off List

16 Registration Papers Coggins AHA Membership Card USEF Membership Card Pyramid Society Membership Card Copies of Shot Record and Worming Record Signed Contracts Credit Card Authorization form Sheet Blanket Slinky Halter Lead If you do not have a halter, lead, sheet, blanket and slinky it can be purchased for you upon arrival.