A Horse Training Contract is a formal agreement between a trainer and the owner of a horse, detailing the specifics of the training services to be provided, along with terms regarding fees, care standards, and legal liabilities. NSA HORSEMANSHIP LLC provides such contracts to establish clear expectations and responsibilities for both parties involved, ensuring a structured and professional relationship. This contract covers various aspects of the service, including payment terms, care and management of the horse, and potential risks and liabilities associated with training.
A Horse Training Contract is a formal pact entered into between a trainer and the horse's owner, delineating responsibilities, expectations, and legalities of entrusting a horse to a professional for the purpose of training. Such contracts are comprehensive, covering a breadth of clauses that foretell the arrangements regarding fees, term, and location of training alongside a set rehearsal of the responsibilities that pertain to payment, boarding, and care standards for the horse. Not only do these contracts articulate the remuneration and schedule of training sessions, but they also outline provisions for veterinary and farrier services, detailing who bears the cost for ordinary and necessary care. A notable aspect of the Horse Training Contract form is its explicit declaration of the risks involved in equine training and the measures for emergency care, highlighting a commitment to the wellbeing of the horse under unforeseen circumstances. Liability clauses—ranging from loss, theft, and death to injury—shelter trainers from certain claims, underscoring the inherent risks associated with equine activities and the expectation that owners insure their horses accordingly. This contract extends beyond care and training, touching on rules and regulations, ownership proofs like a negative Coggins test, and even the right of lien in the event of non-payment. The form finalizes with acknowledgment from the owner upon agreement to the stipulated terms and conditions, ensuring both parties understand their rights, duties, and responsibilities in the nurturing and development of the horse.
NSA HORSEMANSHIP LLC
TRAINING CONTRACT
WITNESS THIS AGREEMENT this _____ day of _______, 20__, by and
between Rodolfo_”Rudy” Lara, hereinafter referred to as "Trainer" and
______________________, hereinafter referred to as "Owner," and if Owner is a
minor, Owner's parent or guardian. Trainer agrees to accept Owner's horse
____________________, 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:
_____________________________________________________________________
l.Fees, Term, and Location. Owner shall pay the Trainer for professional services and board as described below, the fee of $_________ per month plus applicable taxes, or $ _____ per day, for training and board, for a minimum of
______ months. Pro rating of fees; Upon arrival of horse, customer agrees that the first payment due will be prorated to the 1st of the next month and a signed contract and first month payment due prior to at time of horses arrival on property.
2.Payment of Services. Monthly training fees are due on the 1st of each month the horse is in training. 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 five (5) days, all training stops and a late fee of $10.00 per day will be added to the amount due in order to cover the costs associated with the care of said horse. Trainer shall be entitled to a lien against the horse and/or equipment stored upon Trainer's premises in the full amount due. Enforcement of said lien shall be at the discretion of Trainer who may sell the horse and/or equipment for amounts outstanding in accordance with all applicable laws of the State of New Mexico.
3.Veterinarian, Farrier and Related Services. Trainer will use a veterinarian and farrier of his 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. All veterinarian, farrier and medicine expenses shall be paid by Owner, as further described herein. Owner agrees to have the horse(s) wormed, vaccinated, and shod or trimmed on a regular schedule, and 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. Trainer 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.
Your signature below indicates that you have read, understand, and agree with the terms of this contract.
__________________________________________Date:_____________________________
4.Training of Horse. The 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. In order to get the most of the training methods used,
Trainer offers and suggests individual lessons with Owner and horse so that Owner can fully understand the training methods used. These lessons will be charged at an hourly rate set forth by Trainer and said fees are due at the time the lesson is provided. Any lessons will be scheduled by the trainer at a time determined to be best for both horse and owner.
Owner shall submit a fully completed Owner's Information Sheet for each horse on the premises belonging to Owner at time of delivery.
5.Death of Horse. It 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.
6.Feed, Facilities, and Services. Trainer 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. Feed includes alfalfa and water. Any supplements will be provided by Owner at Owners expense. Trainer does not recommend the blanketing of your horse but should you choose to have your horse blanketed there will be a $2.50 per day charge for this service. Owner acknowledges Owner has inspected the facilities and finds same in safe and acceptable order.
7.Risk of Loss and Standard of Care. During the time that the horse(s) is/are in custody of Trainer, Trainer shall not be liable for any sickness, disease, estray, 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.
The 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.
The 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. Owner 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). Owner 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.
8.Inherent Risks and Assumption of Risk. The 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.
Owner expressly releases Stable from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by the laws of this State) by Stable or its representatives, agents or employees.
Warning
Under New Mexico law, no person, corporation of partnership is liable for personal injuries to or for the death of a rider that may occur as a result of the behavior of equine animals while engaged in any equine activities, pursuant to the New Mexico Equine Liability Act, 42-13-1, et. seq.
9.Hold Harmless. Owner 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.
10.Emergency Care. Trainer 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). All costs of such care secured 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.
Trainer 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.
Owner 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).
11.Ownership-Coggins Test. Owner warrants that he owns the horse(s) and will provide proof satisfactory to Trainer of the negative Coggins test upon request.
12.Changes or Termination of This Agreement. It is agreed by the Parties 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. There will be an early termination fee if Owner removes horse from training prior to the initial period set forth in this contract. Owner is also required to provide thirty (30) days notice that they wish to discontinue said services and remove the horse from traing.
13.Rules and Regulations. The 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).
14.Right of Lien. The Owner is given notice that Trainer has a right of lien as set forth in the laws of the State of New Mexico, 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 Trainer'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 $250.00 will be assessed.
15.Property in Storage on Trainer’s Premises. Owner may store certain tack and equipment on the premises of Trainer at no additional charge to Owner. However, Trainer shall not be responsible for the theft, loss, damage or disappearance of any tack or equipment or other property stored at the facility as same is stored at the Owner's risk. Trainer shall not be liable for the theft, loss, damage, or disappearance of any tack or equipment taken to horse shows or clinics. Vehicles stored upon the premises will be subject to a $_____/day storage cost for all delinquent accounts.
16.Entire Agreement. 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 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.
17.Enforceability of Contract and Severability. In 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.
18.Consent to use media. The owner agrees to allow No Strings Attached Horsemanship to use photographs and/or video clips on the website. If you do not wish to have any information about your horse published, please initial and date here.
_____________
19.Owner visits. Trainer encourages you to check on your horse’s progress by regularly visiting the barn. Feel free to stop by at any time and I will make every effort to accommodate you but will not stop any training session that may be ongoing when you arrive. In the event that your horse has already had his training session for the day that you stop by unannounced, another session will not be provided. However, if you set up an appointment ahead of time, I can ensure you will be given the attention you deserve.
20.All dogs must be on a leash and not allowed to run loose or cause any sort of disruption.
OWNER or (AUTHORIZED AGENT)
Address:
Telephone:
Home:_______________________________
Work: _______________________________
Cell:_________________________________
OWNER'S INFORMATION SHEET
Owner's Name
Phone No.(h)
(as recorded with the Registry)
(w)
Address
Street
City
State
Zip
Horse's Name
Age
Color
Markings
Does Horse have any dangerous propensities? If yes, describe:
Medical History of Horse:
Colic
Frequency
Founder
When
Allergies, if known
Other
Tetanus Toxoid
Date
VEE
Encephalomyelitis (sleeping sickness), Eastern & Western Strains
Date of last worming
Coggins Test
Feeding Program:
Hay type
Amount
Grain type(s)
Pellets
Known allergies to feeds
Special Care Requirements
Habits
To be contacted in case of emergency, if owner cannot be reached:
Name
Phone Number
Is Horse insured?
Insurance Carrier
Policy #
Carrier's Address
Insurance contact for emergencies and phone number:
Veterinary emergency contact:
This Horse is/is not considered a surgical candidate in the event of colic or serious illness (check one).
_______IS ______IS NOT
Owner's Initials__________
Filling out a Horse Training Contract is a straightforward process, but attention to detail is essential to ensure all terms are clearly understood and accurately documented. These steps provide clear guidance on how to complete the form, safeguarding the interests of both the horse owner and the trainer. Following these steps carefully can help lay a strong foundation for a successful training period for your horse.
After the contract is filled out and both parties have signed, the next steps involve ensuring that all stipulated conditions are met before the horse begins its training. This includes making any initial payments, scheduling training sessions, and discussing any specific training methodologies or goals. Remember, clear communication between the owner and the trainer throughout this process is key to a successful partnership and the overall well-being and progress of the horse.
What is included in the monthly training fee for my horse?
The monthly training fee covers professional services, boarding, feed (including alfalfa and water), and the use of the trainer's facilities for your horse. The fee is specified in the contract and must be paid on the first of each month. Note that any additional services such as individual lessons, supplements, or blanketing are available at an extra cost.
What happens if my payment is late?
If your payment is overdue by five days, all training activities for your horse will cease, and a late fee of $10.00 per day will be added to your account. This fee compensates for the costs associated with the continued care of your horse. Additionally, the trainer has the right to place a lien against the horse and/or equipment for the full amount due, with the option to sell these for outstanding amounts under New Mexico law.
Can I use my own veterinarian and farrier?
Yes, you may request the use of your own veterinarian and farrier for your horse's care. However, if your chosen professionals are unavailable, the trainer will use their preferred service providers. All expenses for veterinary, farrier, and medicine costs are your responsibility, and prompt payment is required upon presentation of the service bill by the trainer.
What is the trainer's policy if my horse becomes unfit for training or dies?
In the unfortunate event that your horse becomes unfit for training, is sold, or dies, the trainer has the option to accept another horse in its place under the same conditions or to terminate the agreement. All expenses and fees up until that point must be settled for the agreement to be considered terminated.
How is the risk of loss handled while my horse is in training?
While your horse is under the trainer's care, the trainer will not be liable for any sickness, disease, injury, or death of the horse, except in cases of negligence by the trainer, its agents, or employees. The standard of care is that of an ordinary prudent horse owner. It is recommended that you obtain equine insurance for your horse, especially if its value exceeds $5,000, as the trainer's liability is limited to $5,000 per animal.
What should I do if there's an emergency, and I'm unreachable?
If the trainer determines that your horse needs emergency veterinary or farrier care and cannot reach you, they are authorized to secure such care. You are responsible for all costs incurred, and payment is due within fifteen days from when you receive the notice. It's crucial to keep the trainer updated with your emergency contact information and to notify them if you will be unavailable for an extended period.
Filling out a Horse Training Contract might seem straightforward, yet many horse owners make critical errors during this process. These mistakes can lead to misunderstandings, disputes, and even legal issues down the road. It is vital to approach this document with care and attention to detail.
One common mistake is not specifying the training objectives and events clearly. This section is crucial as it sets the expectations for both the owner and the trainer regarding what is to be achieved during the training period. Vagueness here can result in dissatisfaction if the owner assumes certain training milestones will be met that the trainer never agreed to. Ensuring these objectives are detailed and aligned with both parties' expectations is fundamental.
Another area often overlooked is the failure to discuss and document the financial arrangements comprehensively. This includes not just the monthly training fee but also additional costs such as veterinary care, farrier services, and emergency care expenses. It’s essential to clearly define who is responsible for these costs upfront and the process for billing and payment. Failure to do so can result in unexpected expenses that could strain the relationship between the owner and the trainer.
Understanding the risk of loss and standard of care clauses is also crucial. Owners sometimes miss the implications of these sections, underestimating the importance of having adequate insurance for their horses while in training. The contract typically limits the trainer’s liability, putting the onus on the owner to ensure their horse is covered for any eventualities, such as illness, injury, or even death.
A not-so-obvious mistake involves not providing or inaccurately filling out the Owner’s Information Sheet. This document is vital for the trainer to understand any specific needs or requirements of the horse, as well as emergency contact information. Inaccurate or incomplete information can lead to problems in the care and management of the horse, especially in urgent situations.
Finally, failing to regularly communicate and visit the horse during the training period is a misstep. While the contract encourages owners to check on their horse's progress, many fail to take advantage of this. Regular visits and communication can help in addressing any concerns early, understanding the horse's progress better, and building a stronger relationship between the owner, the horse, and the trainer. It’s an opportunity that shouldn't be underestimated.
When engaging in horse training activities and formalizing relationships through a Horse Training Contract, understanding the ecosystem of related documents is vital for both the horse owner and the trainer. These documents not only complement the contract but also serve to clarify responsibilities, expectations, and the well-being of the horse throughout its training period. Here is a look at other essential forms and documents often associated with a Horse Training Contract:
Each of these documents plays a significant role in ensuring a transparent, organized, and mutually beneficial training engagement. By thoroughly preparing and understanding the importance of these forms, owners and trainers can focus on achieving the best outcomes for their equine athletes. Remember, while these documents are standard in the industry, always consider consulting with a legal professional to ensure compliance with local laws and specific circumstances.
A Boarding Agreement is remarkably similar to a Horse Training Contract, as both involve detailed provisions for the care, custody, and management of horses. Just like a training contract specifies the terms, duration, and fees for training a horse, a boarding agreement outlines the terms under which a horse will be housed, fed, and cared for at a boarding facility. Both documents delve into specifics such as feed, facilities, veterinary care, and emergency procedures, ensuring the well-being of the horse during its stay.
The Pet Sitting Contract shares similarities with the Horse Training Contract, particularly in terms of care and responsibility. While the Pet Sitting Contract focuses on the temporary care of a variety of pets in their owner's absence, it similarly outlines fees, services provided, and the pet sitter's responsibilities towards the pet's well-being. It also covers emergency care procedures and liability issues, akin to aspects found in a horse training agreement.
A Veterinary Care Authorization Form aligns with several elements in the Horse Training Contract, especially in the authorization to obtain medical care for the animal. Both documents underscore the importance of timely and appropriate veterinary attention, detailing how decisions regarding emergency services and regular care should be handled, along with stipulating the financial responsibility for such care.
The Liability Waiver for Equine Activities parallels the risk and liability clauses observed in a Horse Training Contract. This waiver is often signed by participants in horseback riding or training activities, acknowledging the inherent risks involved and releasing the service provider from liability in case of injury or damage. Similarly, the training contract frequently includes clauses about the risks of horse training and expectations for injury or loss, clearly articulating the owner's assumption of risk.
Equine Lease Agreements are closely related to Horse Training Contracts, with both involving specific terms under which a horse is cared for by another party. While a lease agreement grants a person the right to use a horse for a specified period, it similarly addresses care standards, financial obligations, and the horse's welfare, paralleling the structured service provision and responsibilities detailed in training contracts.
A Breeding Contract, although focusing on the specific service of breeding horses, shares common clauses with Horse Training Contracts regarding care standards, financial arrangements, and terms of service. This type of contract includes detailed provisions on the care and management of the equine during the breeding process, veterinary care, and potential risks, mirroring the emphasis on welfare and specific services found in training agreements.
The Sale Contract for Horses contains certain similarities to the Horse Training Contract, particularly in its detail of terms and conditions under which a horse changes ownership. Both documents necessitate clear descriptions of the horse, terms of the agreement, and the rights and obligations of each party. The emphasis on clarity and mutual understanding in these agreements ensures that the interests of the horse and parties involved are well-protected.
An Equine Participation Agreement, often used in competitive or recreational equine events, shares aspects with a Horse Training Contract, especially regarding liability and risk disclosure. Both types of agreements make participants aware of the inherent risks in equine activities, including training, and typically contain clauses that release the organizers or trainers from liability for injuries or losses.
Consignment Contracts for selling horses offer parallels to Horse Training Contracts in that they both establish a professional relationship and clarify the terms of a service involving a horse. In a consignment agreement, the owner hands over the horse to another party for the purpose of sale, including specifications on care, marketing efforts, and financial terms - analogous to how training contracts stipulate the training, care, and financial agreements.
Lastly, a Facility Rental Agreement for equestrian events has points in common with Horse Training Contracts. This type of agreement outlines the use of facilities, including barns, arenas, and accommodations for horses, focusing on terms of use, responsibilities for care and maintenance, and liability issues. This mirrors the structured approach in training contracts to using facilities for the specific purpose of horse training, underscoring the need for clear terms and conditions to ensure safety and well-being.
When filling out a Horse Training Contract form, it's crucial to approach the process with diligence and attention to ensure that all terms are clear, accurate, and reflect the agreement between the trainer and the horse owner. Here are ten dos and don'ts to bear in mind:
By following these guidelines, both parties can ensure a clear, fair, and beneficial agreement that protects the interests of the horse, the owner, and the trainer.
When people consider signing a horse training contract, they often have preconceived notions about what these agreements involve. It's pivotal to dispel these myths for the benefit of both horse owners and trainers. Here are four common misconceptions surrounding the horse training contract:
Understanding these misconceptions helps set realistic expectations and prepares both parties for a successful partnership focused on the horse's development and welfare.
Understanding the nuances of the Horse Training Contract between NSA Horsemanship LLC and the horse owner is crucial for a transparent and successful partnership. This document outlines the expectations, responsibilities, and legalities involved in the training arrangement. Below are six key takeaways from the contract to guide owners through the process:
Conclusively, Owners should thoroughly review and understand each provision of the Horse Training Contract, ensuring they meet all requirements and agree with the terms to foster a beneficial and legally compliant engagement with NSA Horsemanship LLC.
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