Agistment Documentation Help
I'm currently on the verge of free-leasing a horse that I've known for a while now, and I'm currently on the hunt for agistment.
The reason I'm posting here is that last time I did this, there was only a verbal agreement with a person that my family knew. This time, it's with someone I don't know, and I think we'd both be more comfortable with something in writing.
To those of you that have made one of these sorts of agreements before, what sort of thing do you put into it?
So far I'm thinking:
- Name of both people.
- Facilities agreed upon.
- Amount of money per week.
- Agreement that I won't sue if I am injured whilst on the property.
That last one is from experience - my last agistment ended after two bad falls from my horse, which resulted in me selling her. Apparently the man who owned the land was worried that I'd sue, and in today's world that is understandable, even though I would never do such a thing.
Sorry the format is messed up, something about my work computer doesn't like the forums. :-P
I have free leased before and you can never be to careful, this is the actual form I used. I just modified it to my needs, it's from an equine law site. The template is quite helpful to give you an idea of what to include. Now under lessee responsiblities I would make sure you change and include exactly what you want them to be able to do and what you don't want them to do. Make sure it's written and set in stone, that seems to be where I've gotten burned the most.
Had a lessee remove my horse from the property while I was at work for a show, LUCKILY nothing happened. I ended the lease and haven't done it since. It was my fault I didn't have a clause or rule saying they may not be removed from the property, but I had told her that. She said she didn't remember, so my word against hers. Make sure it's in writing. :wink:
Free Lease Agreement For ‘_____________________'
This Document is NOT a Bill of Sale
This agreement dated ________________ is made by and between _____________(herein referred to as ‘the Owner’) residing at _____________________________________ with phone number ___________________ and ______________________ (herein referred to as ‘the Lessee’) residing at _______________________________________ for the Free Lease of one horse as described and identified below:
Horse’s Name: _________________________Gender: ________________
Age: ____ Years
Registration Number if applicable:__________________
Owner on Record: __________________________________________
Owner agrees to lease the horse described and identified herein to the Lessee for ZERO Dollars ($0.00) per month.
Owner warrants that he/she is the lawful owner of said horse and has the right to Free Lease said horse.
Owner is responsible for (insert here)
Lessee warrants that he/she will provide the said horse with care above and beyond (insert their care terms and what they are to do here) 1 horse in his/her current state of physical and emotional health which Owner warrants, and said horse’s Veterinarian will concur, is excellent. Lessee warrants that she/he does not have the right to sell, lend, sub-lease, move, or otherwise dispose of the said horse. Lessee warrants that she/he has substantial experience working with and handling horses as a rider, trainer, and groom. Lessee warrants that she is aware of the substantial risk of personal injury that can be sustained while riding or working around horses and agrees to hold Owner harmless of all liability of any injury to persons or property caused by the horse while the said horse is in the Lessee’s care.Lessee warrants that she will use ‘best judgment’ in emergency situations and will inform Owner as soon as possible if such situations arise.
***Owner reserves the right to make all decisions regarding the health and welfare of the horse, including decisions about life saving or on-going treatments. (THIS IS/WAS HUGE FOR ME)
TermThe term of this Lease Agreement is renewable automatically every month, however, Lessee may terminate this agreement with a minimum of two weeks (I did 30 days.) notice to the Owner at any time. Owner reserves the right to retrieve the horse with a minimum of two weeks notice to Lessee.
Breach and Cure1. Owner reserves the right to terminate this agreement immediately if the horse is not maintained by the Lessee according to the terms of this agreement.
2. Cure: Lessee has 15 days to remedy the breach according to the terms of this agreement. The cause for breach is not limited to this instance. Any form of negligence is cause for breech.
All notices may be sent to the Owner at the address listed herein. All notices may be sent to the Lessee at the address herein. US Mail with return receipt requested or an alternative delivery system such as Federal Express constitute the mode of delivery of notices.
This agreement constitutes the entire agreement between the Owner and the Lessee. The invalidity or enforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement, which shall otherwise remain in full force and effect. This agreement may be executed in one or more counterparts, each of which 2 shall be deemed to be an original but all of which together shall constitute one and the same instrument.
The Laws of the State of ____________________ shall govern this agreement. Any litigation will take place in ___________________________.
Accepted and Agreed to by: Accepted and Agreed to by:
The Owner __________________ The Lessee ___________________
DATE __________________ ___________________
Now, if you're going to do the leasing sorry I missed that I'd keep the same agreement just allow the owner to make any necessary changes you can alter if for what you want as well I'd think. Just make sure again it's in writing, and signed. Obviously, if you're leasing your section of responsibilities is bigger to protect the owner and yourself, so adjust accordingly. Good luck!
you need addresses and dates at the bottom. If you are to keep the horse at the owners property you need to add that the lessee will not sue for any damages physical or mental for any injury caused or imagined by leasing the horse.
My boarding contract has details of
- the horse that is accepted for boarding (name, gender, color, markings, etc.)
- the services provided (daily stall cleaning, bedding, use of facilities, etc.)
- amount to be paid and date it's due each month
- a bunch of clauses about liability (responsible for inspecting my own horse, equipment, etc. prior to riding to ensure it's safe, inherent risks in equine activities, release of barn's liability)
- requirement to carry liability insurance
- person's medical insurance information/emergency contact
- termination of contract (30 days notice required)
Note that you can't actually sign away your right to sue (at least, not in the U.S.) If you or your horse is injured due to negligence on the barn owner or staff's part, they're still liable. The contract just ensures that you've acknowledged the dangers inherent to equine activities which would protect them in court for most injuries/damages that aren't their fault.
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