STANDARD TERMS AND CONDITIONS FOR LIVERY AND LESSONS

Transcription

1 STANDARD TERMS AND CONDITIONS FOR LIVERY AND LESSONS 1. Definitions and Interpretation 1.1. The following words and expressions shall have the meaning ascribed to them below, unless the context otherwise provides: Additional Services means any additional monthly or other services required by the Client as set out in the Stabling Fee Spreadsheet Client means the owner of the Horse and includes the rider of the Horse where applicable Client Information Sheet means the application for stabling completed by the Client Conditions means these standard terms and conditions for livery and lessons and any amendments thereto agreed to between the Parties in writing Contract means the Conditions and the Client Information Sheet Stabling Fee means the amount charged by the Yard for livery and lessons and Additional Services, as set out in the then current Stabling Fee spreadsheet available on request Stabling Fee Spreadsheet means the spreadsheet provided by the Yard from time to time containing the Stabling Fee, Additional Services fees, Extras fees and any other fees and charges incidental to the Stabling Fee (all excluding Tax) Effective Date means the date upon which the Client s Horse enters the Yard; Extras means incidental services required by the Client which are billed in arrears Facilities are the facilities to be provided by the Yard to be used by the Client Party means the Yard or the Client and Parties means the both of them, as the context required Tax means valued-added tax, sales tax or any other statutory tax, duty or levy applicable by law in Republic of South Africa Yard Rules mean the rules of the Yard as published by the Yard from time to time Words importing persons or parties shall include firms and organisations. Words importing singular or one gender shall include plural or the other gender where the context requires Headings are to aid location of clauses only and are not to be taken into account in the context and interpretation of any clauses The law applicable to this Contract is the law of the Republic of South Africa and the applicable language shall be English The Contract is the entire contract between the Parties regarding the matters addressed in the Contract. No representations, terms, conditions or warranties not contained in the Contract shall be binding on the Parties. No agreement, or addendum varying, adding to, deleting or cancelling this Contract, including this Sub-Clause, shall be effective unless reduced to writing and signed by the Parties A notice may be delivered by hand, sent by prepaid registered post, telefax or . Notice shall be presumed to have been duly given when: Delivered on the date of delivery Sent by 1 (one) Day after transmission The Client chooses its domicilium where notices or processes arising out of or concerning this Contract may validly be delivered to and served on them, as set out in the Client Information Sheet.

2 1.8. The Yard chooses its domicilium, at 133A Jurgens Street, Benoni Small Farms, Benoni where notices or processes arising out of or concerning this Contract may validly be delivered to and served on them A Party may, at any time, by reasonable notice to the other change its domicilium No grant by either Party of any indulgence, condonation, waiver or allowance shall, in respect of any specific event or circumstance other than that in respect of which the grant was made, constitute a waiver of the rights of that Party in terms of the Contract or an estoppel of that Party s right to enforce the provisions of the Contract. The unenforceability, invalidity, or illegality of any provision of this Contract shall not render the other provisions hereof unenforceable, invalid, or illegal. 2. Duration of the Contract 2.1. The Contract shall be deemed to come into effect on the Effective Date and continue indefinitely until terminated in accordance with its terms Any clauses that by their nature indicate that they are intended to survive termination, shall remain valid and applicable notwithstanding that the Contract may have been terminated for any reason. 3. Stabling Fees 3.1. The Client shall pay the Stabling Fee and Additional Services fee, calculated on a pro-rata daily basis for any period less than a completed month, monthly in advance, by no later than the 7 th of each month. For late payments, the Yard shall be entitled to charge a penalty of R50 per day from the 8 th of a month until the full amount is paid In addition, the Client will also be liable for any Extras fees with regards to special feeding, medical or farrier cost that may be incurred by the Yard. 4. Stabling and Paddocks 4.1. The Yard shall provide to the Client one stable per Horse for the duration of the Contract. The Yard shall be entitled to move the Horse to a different stable at any time in its discretion The Yard agrees to keep, maintain, and care for the Horse in accordance with standard livery practices. The Yard will order any and all veterinary and farrier care on behalf of the Client at the Yard s discretion at the Client s expense. The Client indemnifies and holds the Yard harmless against any veterinary and farrier fees payable in respect of the Horse Each Horse shall be paddocked (weather permitting) for a limited number of hours per day, at the Yard s discretion. If the Client requires a Horse to be paddocked in an individual paddock, the Yard may charge a surcharge in accordance with the Stabling Fee Spreadsheet Stallions are required to be paddocked in individual stallion paddocks at all times and the individual paddock surcharge shall be applicable. 5. Lessons 5.1. The Client is not obliged to have lessons at the Yard, however, no outside instructors are permitted at the Yard The Client may elect to take out a lesson contract, or have lessons on a pay-as-you go basis Lesson contracts Lesson contracts are payable monthly in advance in accordance with the rates set out in the Stabling Fee Spreadsheet. The fees are payable for a period of 12 months commencing on the month in which the lesson packages commences The Client is not entitled to refunds for cancelled lessons due to inclement weather, public holidays, the December break, or the Client missing their lesson If the Contract terminates the lesson contract automatically terminates Pay-as-you go The Client shall be required to book his/her lesson times The Client is billed for lessons monthly in arrears, in accordance with the rates set out in the Stabling Fee Spreadsheet.

3 The Yard requires 24 hours notice in respect of cancelled lessons, failing which, the lesson will be charged for The Yard reserves the right to suspend the Client s lessons in the event of late payment until the Stabling Fee is paid in full Individual and private lessons are payable at the unit rate per lesson in accordance with the Stabling Fee Spreadsheet The Client shall not jump the Horse unless in a supervised lesson by a Yard instructor If the Client misses a lesson, the horse will be lunged in lieu of the lesson at the Client s request; provided 2 hours notice is given. 6. Schooling and Lunging of Horses 6.1. Schooling fees are paid monthly in advance, in accordance with the Stabling Fee Spreadsheet Individual schooling and lunging sessions are payable in arrears at the unit rate per session in accordance with the Stabling Fee Spreadsheet. 7. Grooms 7.1. The Client acknowledges that: The allocation of grooms is not fixed and it may become necessary to change such allocation at the Yard s discretion Grooms are entitled to annual leave and a replacement groom will be allocated during the time. In the December holidays, 6 grooms go on leave, however, the stables shall be cleaned, horses put into paddocks, food, water and care of the horse is monitored The grooms working hours during the week are from the early morning (approximately 7am) to 5 pm, with tea and lunch breaks in accordance with the Basic Conditions of Employment Act Skeleton staff are present at the Yard on weekends. The Client shall not require the grooms to perform any services for the Client, unless agreed to by the Yard The grooms are required to put the Horses out to graze, feed, water and bring into the stable in the afternoons. The grooms will not groom the Horse Any work done for the Client outside of the hours in clauses and will entitle the Yard to charge the Client in accordance with the Stabling Fee Spreadsheet. 8. Feed Room 8.1. The Client acknowledges that entering the feed room is prohibited, unless accompanied by a Yard employee. 9. Tack and Tack Room 9.1. The Yard provides a tack room for the storing of the Client s tack. While the tack room is secure and is alarmed, the Yard does not insure the Client s tack and accepts no responsibility for loss or damage to any tack left in the tack room by the Client The Client shall ensure that their tack has been put away in the tack room. Saddle rack locks have been made available and locks for same shall be provided by the Client Should the Client require his/her Horse to be tacked up by the grooms, a monthly surcharge is payable as set out in the Stabling Fee Spreadsheet. The Yard accepts no responsibility for loss or damage to any tack when the Horse is tacked up by the grooms. 10. Facilities The Client uses the Facilities at the Yard at his/her own risk The Client acknowledges that the Yard instructor(s) give(s) lessons in the arenas and as such the Client is not guaranteed that he/she will not have exclusive use of such arenas. 11. Horse Boxes

4 11.1. If the Client requires a horse box to be stored at the Yard, the Client requires the prior consent of the Yard Horse boxes must be parked against the wall in the horse box parking area so as to allow easy access for other horse box owners. The Client is required to ensure that his/her horse box is accessible when required and in this regard may move the horse box to a more accessible parking place the day before the show The Yard reserves the right to move any horse box to a different position within the parking lot as and when required. 12. Shows The Yard offers a fully inclusive service of trucking Horses to shows, when available. The Client is required to inform the Yard when such trucking service is required. The Yard cannot guarantee availability of the trucking service The Yard is not responsible for any loss of damage caused to a Horse or to any tack or other equipment when the Client is using this service The fee for the trucking service is payable as set out in the Stabling Fee Spreadsheet The Client shall provide adequate notice to the Yard should the Client require a groom to attend a show with the Client The fee for grooms is payable per Horse as set out in the Stabling Fee Spreadsheet, notwithstanding number of Horses which attend the show with the Client. The Client shall purchase refreshments and/or lunch for the groom if the Client does not use the Yard s trucking service The Client is not entitled to use their own groom to attend shows, unless previously agreed to by the Yard A Yard instructor may (at the Yard s discretion) be present at shows to provide guidance and instruction. In this case, the Client will be charged in arrears, in accordance with the Stabling Fee Spreadsheet The Yard will not be liable for show entries and other costs paid by the Client in the event that the Client has not pre-arranged transport of the Horse to a show. 13. Yard Rules The Client shall, and shall procure that his guests abide by the Yard Rules at all times. 14. Warranty of Ownership and Good Health The Client warrants that he/she owns the Horse and there are no liens, or encumbrances on the Horse. Further, the Client warrants that the horse has no known medical conditions, allergies or contagious disease at the time the Horse enters the Yard The Client warrants that he /she has specified any characteristic of the Horse that may be considered unusual or dangerous to other Yard users. The Yard has the right to refuse admittance to any Horse deemed a risk to other Yard users, and reserves the right to remove any Horse deemed dangerous immediately. 15. Risk of Loss While the Horse is stabled at the Yard, the Yard shall not be liable for any injury or theft suffered by the Horse. The Client fully understands that all risks are assumed by him/her. The Client agrees to hold the Yard harmless against any loss or injury to the Horse(s), and to any third parties whom may suffer loss or injury as the result of any of the Horses actions. All costs in connection with the stabling of the Horse at the Yard are to be borne by Client. 16. Indemnification and Limitation of Liability While all necessary safety precautions will be followed, the Yard and its associated staff cannot and will not be held responsible for any damage or injury to Horses, irrespective of the cause The Client understands that engaging in equine activities is an inherently dangerous activity, and that, by so doing, the Client is exposed to dangers both known and unknown. Horses are large, unpredictable animals which may be dangerous no matter how much training they have, no matter

5 what level of experience the Client has, and no matter what the situation. The Client assumes all risk of damage to property or injury to persons as a result of the Client s use of the Horse including the riding of other horses at the Yard, and the Client waives all claims in respect thereof against the Yard, even if damage or injury arises out of the act or omission of the Yard The Client agrees to hold harmless, defend, and indemnify the Yard and/or any of the Yard s agents, contractors, employees for any claim or action resulting from any accident, injury, death, or property damage to any person, or property arising from any equine related activity to the fullest extent permitted under the laws of the Republic of South Africa Under no circumstances will the Yard be liable for any indirect or consequential loss that may be suffered. 17. Insurance The Yard is not responsible for insuring Client s Horses All Horses must be insured by the Client for damage to third parties at least. The Client will provide the Yard with a copy of the certificate of insurance upon request. 18. Third Party Service Providers The Client shall ensure that all third party service providers arranged by the Client (such as physiotherapists, farrier, dentists, Tack Shop owners) abide by the Yard Rules. The Client indemnifies and holds the Yard harmless against any damage or loss caused by and to such third party service providers when they enter the Yard. 19. Equine Walker The Yard provides an equine walker for use by the Clients at an additional fee as set out in the Stabling Fee SpreadSheet The Client indemnifies and holds the Yard and the owner of the equine walker (Equinewalker) harmless against any loss or damage caused as a result of the use of the equine walker by the Client. 20. Sick Horses The Client acknowledges that the Yard employees are not veterinarians. If the Horse is sick or injured, the Yard will attempt to make contact with the Client to obtain instructions, failing which, the Yard will use its discretion as to which action to take in the best interest of the Horse (in consultation with a veterinarian where applicable). Such action includes euthanasia The Client will be responsible to pay any fees charged by a veterinarian, on terms and conditions as applicable to each such veterinarian The Client is required to provide the Yard with written confirmation should the Client elect for his/her horse not to undergo any surgery recommended by a veterinarian If a Client requires a Horse to undergo a rehabilitation programme, the Yard shall be entitled to charge the Client a surcharge fee as set out in the Stabling Fee Spreadsheet If the Yard elects, or the Client instructs the Yard, to box the Horse to any veterinary clinic or hospital, the Client shall pay the trucking fee as set out in the Stabling Fee Spreadsheet. 21. Default / Termination / Removal of Horse If the Client breaches any material provision of the Contract and fails to comply with a written notice from the Yard requiring the Client to remedy that breach within 3 (three) Days after receipt of the notice, the failure by the Client to remedy such breach within such period shall entitle the Yard to terminate the Contract. The Client will not be entitled to a refund on the Stabling Fee and shall be liable for any damages suffered by the Yard as a result of such breach The Yard may, however, terminate this Contract immediately if the Client fails to abide by the Yard Rules and the Client will not be entitled to a refund on the Stabling Fee The Client may terminate the Contract by giving the Yard no less than one calendar month s written notice of such termination. The Client shall not be entitled to remove the Horse from the Yard until the Stabling Fees and other fees owing have been paid in full. 22. Retention of Horse for Unpaid Stabling Fees

6 22.1. The Client agrees that the Yard will hold a lien on any Horse and tack owned by the Client in respect of unpaid Stabling Fees. Should the Client remain in default to pay outstanding Stabling Fees duly incurred after this has been demanded by the Yard within 7 days, the Yard will have the right to forthwith sell such Horse and/or tack belonging to the Client in order to recover any cost incurred. The Yard shall not be obliged in exercising such lien to achieve any particular price or value for the Horse and/or tack sold. 23. Confidentiality Unless otherwise provided for in the Contract the Parties warrant that each shall keep confidential all matters relating to the Contract, and that the Parties, shall not divulge or disclose to any organisation or any person any information, documents, dealings, transactions or affairs relating to or incidental to the Contract. 24. Legal Costs In the event of a default, or in the event that the Yard must retain an attorney to enforce the terms of this Contract, the Yard shall have the right to recover attorney s fees and costs from Client. 25. Disputes Both Parties shall attempt to settle any disputes amicably before taking any further legal action The Client consents to the jurisdiction of the Benoni Magistrate s Court for any legal proceedings which may arise out of the Contract.