Please evaluate this contract for horse lease
It won't let me attach it so I am going to post it below. Please let me know if nothing makes sense or if it seems to you that I left an important part out. Thank you!!
This agreement is entered into this day, September 17, 2013 and shall be effective through December 31, 2013 between *****, “Lessee”, and *******, “Lessor”. The Lessee is agreeing to care for and maintain a 4-year-old chestnut Appendix gelding, known as Cadoc Cheval (Whiskey) while in Lessee’s possession and pay fee of $250.00 per month in exchange for use of the animal for the purpose of riding and showing in accordance with the terms of this lease. The following terms and conditions shall apply for the length of the lease.
Monthly payments will be due on the 20th of the month. Payments should be delivered to the following address: *********
Lessee will have use of the animal on Monday, Wednesday and Saturday.
Shows and other specialty events are allowed if the Lessor is contacted and if the Lessor approves of event beforehand.
The Lessee is allowed a minimum of AT LEAST 3 days riding as specified (Monday, Wednesday, Saturday) and will sometimes be given other opportunities by the Lessor when available.
The Lessee is NEVER to transport horse off of property WITHOUT EXPRESS PERMISSION by the Lessor. Removal of the horse from the property WITHOUT EXPRESS PERMISSION by the Lessor results in immediate termination of contract. No notice of termination is required of the Lessor and the Lessee will be responsible for all remaining fees.
The Lessee can only ride the horse in APPROVED tack. The Lessor lists approved tack as follows: properly fitting saddle, french link snaffle, running martingale. The Lessee can contact the Lessor with any request for tack change. If the Lessee rides horse in tack that has NOT been approved by the Lessor, than the contract will be terminated and the Lessee will be responsible for paying the Lessor all remaining fees.
The Lessee can only jump the horse a MAXIMUM of 2 days a week and the height of the jumps should not exceed 3’3 UNLESS the Lessee is given consent of change from Lessor. The Lessee must inform the Lessor when planning on riding the horse with the purpose of schooling cross-country.
When schooling cross-country the Lessee MUST dress horse in appropriate splint boots. The Lessee WILL NOT under ANY CIRCUMSTANCES school the horse higher than Novice Level. The Lessor MUST APPROVE ANY DEVIATION from Novice Level.
UNDER NO CIRCUMSTANCES is the Lessee to allow another individual to ride the horse. If it is discovered that the Lessee has allowed another individual on the horse, the Lessor will immediately terminate the contract and the Lessee will be responsible for all remaining payments.
If the horse sustains an injury whether in the pasture or while under saddle the Lessee will IMMEDIATELY contact the Lessor. If the Lessor is unavailable and the injury is deemed by the Lessee to be an EMERGENCY, the Lessee will attempt to contact both EMERGENCY CONTACT numbers KEPT ON FILE for the horse. If NEITHER emergency contact can be reached, the Lessee is authorized to treat the emergency as she sees fit.
The Lessor shall not be held responsible for loss, damage, injury, claim, demand, cost and expense (including legal expense) arising out of or connected with the use, stabling or actions for the leased animal while under the possession, use or control of the Lessee. The Lessor will not be responsible for any accident or injury to any person or animal that comes in contact with the above named animal, while under the possession, use or control of the Lessee.
The Lessor agrees not to hold the Lessee responsible for death or Veterinary care outside ordinary care for any pre-existing medical conditions the animal has at the start of the lease. The value of Cadoc Cheval (Whiskey) is currently estimated at $4,000.
Should the animal become for sale during the term of the lease, and a legitimate offer is made on the horse by a third party, the Lessee shall have the right to match the offer and assume ownership of the animal before any offers would be accepted.
The animal included in this lease shall remain the sole property of the Lessor and the Lessee shall have no right, title or loan to any other part of said animal except as stated here.
**************** is to be considered the principle home stable during the term of this lease, but permission is granted for temporary stabling at other locations for the purpose of showing, demonstrations or such activities, but prior approval must be obtained from the Lessor to change the principle home stable.
The Lessee shall use proper care and good judgment in maintaining and training said animal in quality show condition or a close to when lease began while the animal is under Lessees care and control during this lease. The Lessee will inform the Lessor immediately of any health concerns or injuries to the animal noticed or obtained while under Lessees care. The Lessor will be responsible for all regular veterinary care. The Lessee is responsible for any medical expenses or veterinary bills which result from Lessees improper care or neglect of the animal, or the animal’s illness or injury while in Lessee’s care.
Under Mississippi Law, an equine activity or equine sponsor is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to this chapter.
I'd also want the contract to have an out in case the horse is injured or otherwise unable to be ridden for an extended amount of time and to explicitly state that you're not responsible for any vet/farrier/board/etc fees (it sounds like this is a flat fee being paid to the owner). If the horse is kept on private property (not a boarding stable), you might also want to specify the hours you're allowed to be on the premises to ride.
The only red flag I see is that the horse seems awfully young to be jumping so high, especially twice a week.
Thanks Verona! It is actually my horse so I would be the Lessor :) and for the jumping thing- I found it as a template and still need to tweak some of the particulars. She will only be allowed to jump him once a week. I was just wondering mainly if there were any red flags the template left out, etc. though I do want to change the details some, I felt like it follows what I was aiming for.
Now, should I specify exact hours she is allowed to ride? I am fine with any time on her specified 3 days a week.
And I will add in something about if e is on stall rest, etc. Thanks!!
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Honestly putting a minimum of 3 days a week... that's confusing.
I would say a maximum of 3 days a week (Specify days) and with Lessor's permission could be granted more.
Or something to that effect.
Also this drives me crazy but this should be a colon.. not a period:
The following terms and conditions shall apply for the length of the lease:
Thanks Verona! He is kept at a boarding facility so I guess I dont need specific times :)
And thank you Sky! I hadn't even caught that. Shame on me! And I agree with the maximum instead of minimum thing- I don't know why it was originally worded like that!
Appreciate it guys!
I don't think I saw anything about grooming or tack care. Best to include a clause such as "don't mix brushes" (think about rain rot) and clean bit with water after use.. etc.
And if supplies are running low, notify you.
The little things matter!
The lease is mainly a half lease geared toward having some help with him because trying to get my masters with two horses plus working 30-35 hours per week is wearing me thin :)
A "maximum" of three days would not be the correct way to word it, as it implies that you could "take away" days. Minimum is the correct verbiage, as it suggests that you could allot more days under certain circumstances.
Overall, it looks good!
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