1. Parties
between Whistlejacket Farm, LLC (hereinafter WF) whose contact information is:
Address: PO Box 3776, Burleson, TX 76097; Phone: (817)985-8885;
Email: Accounting@GoWhistlejacketFarm.com; Website: GoWhistlejacketFarm.com and
2. Horse
This agreement pertains to the horse referenced below (hereinafter "Horse"). Client agrees to provide WF with a copy of Horse's registration papers upon arrival. If more than one horse will be under the care of WF, please complete a training services contract for each horse.
3. OWNERSHIP
*If Client does not own 100% of the Horse, the names, addresses and phone numbers of all owners of the horse are:
List info of person or organization you lease this horse from:
List info of person or organization you manage this horse for:
List info of person or organization you purchased this horse from:
4. INSURANCE
Insurance Details
Client acknowledges that WF is not obligated to carry any insurance covering the Horse. Client is to obtain, at Client’s sole cost, all insurance coverage of and concerning the Horse in amounts that Client deems appropriate but is not obligated to obtain any such insurance. All insurance obtained by Client regarding or concerning the Horse shall contain a waiver by the insurer(s) of any right of subrogation against WF and its subsidiaries, affiliates, owners, servants, employees, representatives, contractors, and agents. Client releases WF from all liability, damages or injuries regarding or in connection with any information given or not given to Client's insurers by WF including but not limited to notifying Client's insurer(s) or obtaining insurer (s) consent for surgical or other health related services rendered or to be rendered to the horse, which shall remain Client's responsibility.
5. SERVICE PROGRAM
Client agrees to pay WF for all board and services rendered by WF to the Horse in accordance with the WF Fee Schedule which Client acknowledges receiving. WF will provide to Client an updated Fee Schedule at the beginning of each calendar year and reserves the right to modify the WF Fee Schedule from year to year as circumstances require. In the unlikely event that costs dramatically increase (I.e-fuel), WF reserves the right to change the fee schedule outside of the annual update. In the unlikely event that costs dramatically increase (I.e-fuel), WF reserves the right to change the fee schedule outside of the annual update. Client further agrees to pay WF for all other services rendered by WF, and all other costs and expenses WF incurs or expends in connection with the Horse in WF's sole discretion. Client shall be responsible for all the foregoing fees, costs and expenses' beginning with the Horse's arrival at WF until the horse is released by WF to Client. Client agrees to any and all such fees, costs and expenses before the Horse is released by WF to Client. Client agrees that WF shall be entitled to retain possession of the Horse until all such fees, costs and expenses are paid. Client agrees that none of WF's fees, costs and expenses under this Agreement is subject to any set-off or counter claim. Client hereby contracts for the WF training or board services to be rendered at Whistlejacket Farm. Please reference Fee Schedule for training and board fees.
ADDITIONAL HORSE(S)
All parts of this agreement pertain to the additional horse(s) referenced below (hereinafter "Horse"). Client agrees to provide WF with a copy of Horse's registration papers upon arrival.
Second Horse
Third Horse
Fourth Horse
6. VETERINARY CARE
Veterinary care will be provided to the Horse by WF as decided in WF's sole judgment, including but not limited to emergency treatment or surgery without notice to Client. Without limiting the generality of the forgoing, WF shall be entitled, without liability to Client, to vaccinate or test the Horse or to take any actions to comply with health requirements or advice of any governmental body, office or agency. Client shall pay for all veterinary care provided to the Horse by or on behalf of WF.
7. VACCINATIONS AND TESTS
Client warrants that the Horse will be free of all illness and diseases upon arrival at WF. On or prior to arrival at WF the Horse shall have current vaccination for Strangles, Equine influenza, Rhinopneumonitis, Tetanus, W. Nile and Sleeping Sickness and have tested negative for Coggins and Swamp Fever each performed within six (6) months or arrival at WF and Client shall provide records of such vaccinations and tests. If upon arrival at WF, the Horse is not fully vaccinated or tested or if the Horse's records do not reflect full vaccinations or testing, WF may at its sole discretion, not accept the Horse or provide such vaccinations and tests to the Horse at Client's expense.
8. TRAINING AND SHOWING
If the Horse is placed into training by WF, the Horse shall be worked, trained or shown by such WF personnel as chosen by WF in its sole judgment. WF may change the WF personnel working, training or showing the Horse from time to time or at any time. Where, when, and whom, against whom, and in what show or class the Horse shall be shown will be decided by WF in its sole judgment, after consultation with Client. Acceptance of the horse into training by WF does not obligate WF to show the Horse. WF disclaims any obligation to show the Horse in any particular show or any particular class. Client acknowledges that WF may have in its training program or owned by WF one or more horses who may compete against the Horse at horse shows or in the same class at horse shows. If the Client disagrees with any decision of WF regarding the training or showing of the Horse, the Client's sole remedy in such event is to withdraw the Horse from WF's training program, which Client agrees shall not terminate or alter Client's obligation to pay any fees, costs, expenses or other amounts already incurred pursuant to this Agreement.
9. LIMITATION OF LIABILITY; ASSUMPTION OF RISK; INDEMNIFICATION & LEGAL ACTION
- Client hereby releases, discharges, waives, and relinquishes any and all claims, liabilities, damages or losses of any nature whatsoever the Client has, may have or hereafter have against WF and its subsidiaries, affiliates, owners, servants, employees, representatives, contractors, agents, or successors and assigns, (hereinafter collectively the "Released") by, of or for any injury, accident, sickness, disease, astray, theft, or death or to the Horse or any of Client's horses wherever or however the same may occur, including, but not limited to any injury, accident, sickness, disease, astray, theft, or death by reason of or caused by, whether in whole or in part, any alleged negligent or negligent act, omission or conduct, or alleged breach of contract, by or except when caused by gross negligence or willful misconduct of the Released.
- Client assumes all risks of loss and damage for any injury, sickness, disease, astray, theft, or death of and to the Horse or any Client's horses, except when caused by gross negligence or willful misconduct of the Released. Client further agrees that no bailment is established with respect to the Horse or any of the Client's horses and that in all actions, the Client shall have the burden of proof of establishing any claim, liability, damage or loss.
- All special, incidental, and consequential damages, including, but not limited to lost income revenue or profits, are hereby excluded, disclaimed and shall not be awarded or recovered by the client. In no event shall client's remedies exceed the amount of the fee paid for the service complained of.
- The Released shall also not be liable for any personal injury or disability which Client or Client's agents, representatives, employees, invitees or family may receive while on WF's premises, which risks and liability are hereby assumed by Client, except when caused by gross negligence or willful misconduct of the Released. Client agrees not to sue or bring any other legal action against the Released in connection with any claim, liability, damage or loss which is released, discharged, waived, or relinquished by Client hereunder, except as provided above.
- Client agrees to defend, indemnify and hold the Released, and each of them, harmless from any claim, liability, damage or losses caused or contributed by, whether in whole or part, the Horse or any of the Client's horses, including but not limited to, all reasonable expenses and attorney's fees incurred by the Released in defending all such claims. This defense, indemnity and hold harmless shall not apply to any claims of any liability, loss, cost, damage or expense caused or contributed to in part by the Released or any of them.
- As a condition precedent to any legal action by Client, Client shall notify WF in writing at least thirty (30) days in advance of initiating any legal action against the Released, of any of them, regarding or concerning, in whole or in part, the Horse, any of Client's horses, the Agreement of any other claim against the Released. Within twenty (20) days of receiving such notice, WF or any of the Released shall be entitled to require that any such action be resolved by submission to binding arbitration before the American Arbitration Association (AAA), with such arbitration to take place in Tarrant County, Texas. If WF or any of the Released, elects binding arbitration, both WF, the Released and Client to the fullest extent allowed by law waives trial by a jury or by a court.
- Notwithstanding anything herein to the contrary, any action, proceeding or arbitration against the Released regarding or concerning, in whole or in part, the Client’s Horse or Horses, this Agreement or any other claim against the Released or any of them must be filed with a court competent subject matter jurisdiction in Tarrant County, Texas or the AAA (if WF or any of the Released so elects) no later than one-hundred and twenty (120) days from the date of the claimed loss or be forever barred. The prevailing party to any such action, proceeding or arbitration shall be entitled to collect all reasonable attorney's fees and costs, in addition to all other relief, through the including of any petition or appeals.
10. ACCEPTANCE
This Agreement must be signed by the Client and the General Manager of Whistlejacket Farm at the time of or prior to arrival of the horse at Whistlejacket Farm, or the horse will not be accepted.
11. SALES COMMISSION
In the event the Horse is sold while the Horse is in WF custody, or within 60 days after leaving WF custody, Client shall pay WF a commission of fifteen (15) percent of the sale price, regardless of whether the sale was achieved through WF's efforts. Should another agent be involved in the sale, the commission of 15% will be payable to WF. WF shall at its sole discretion, decide disbursement of the commission. All down payments on the sale of the Horse will be made payable to WF and funds over and above commission and any monies owed to WF by Client will be disbursed promptly to Client by WF.
12. BILLING
All fees as defined in the WF Fee Schedule are due and payable by the 10th of the month regardless of whether a bill has been sent by WF. Interest at the rate of 2% per month, or the highest legal rate, whichever is less, shall be charged and paid on all balances of Client unpaid after the 10th of the month it was due. In addition, a late fee of $25 per horse will be assessed each month that payment is received after the 10th of the month.
Any returned checks will require a credit card for future payments and will incur a $30 fee per each returned check.
Clients with balances outstanding past sixty (60) days will be contacted to provide a credit card in order to bring their account current. Any client payments made on accounts with balances beyond thirty (30) days will be applied to the oldest invoices first.
If Client fails to pay any amount due hereunder for more than thirty (30) days, WF may immediately accelerate all other amounts due under this Agreement and under any other agreement between Client and WF or its affiliates upon written notice to Client.
13. RELEASE OF THE HORSE
Client agrees that all outstanding balances due to WF for board, training, breeding, handling, foaling, veterinary care, farrier work, and all other WF fees, charges and expenses pursuant to this Agreement shall be paid prior to WF's release of the horse (including but not limited to outstanding veterinarian bills that may be due directly to vet offices by client or amounts due to any of WF's affiliates). The client shall make arrangements with WF for the Horse's release at least 30 days in advance. (If the Horse is being transported by a party other than WF, including to a show or otherwise, Client agrees that the party transporting the Horse is not an agent for WF and agrees to look solely to such a person, and not to WF, for any loss or claim arising out of the transportation of the Horse.)
14. LIEN
Client grants WF a lien upon and security interest in the Horse, any foal of the Horse and the registration papers of each of the foregoing to secure all obligations and amounts due under this Agreement or any other agreement between Client and WF or any of its affiliates. WF may, at any time until all amounts due hereunder are fully paid, file a photocopy of this Agreement in the county and state in which it believes any such horse or foal may be kept, or where the Client resides and when so filed, the copy shall be effective as a financing statement, as well as security agreement. At any time, if Client's balance with WF is unpaid for THIRTY (30) days, or the Client is otherwise in default of this Agreement or any other Agreement between Client and WF or any of its affiliates, WF may foreclose its security interest. Ten (10) days' notice shall be deemed reasonable notice of any foreclosure sale. The foreclosure sale may be held by individual horse, in bulk or in parcels, at wholesale or retail, in public or in private, and at any time and place and on any other terms selected by WF. The Horse or foal may be sold in its existing condition. Expenses incurred by WF in its sole judgment, including, but not limited to, WF's fees, the cost of transportation and preparation for sale and of the conducting the sale, reasonable attorney's fees and costs and expenses incurred by WF, and all other amounts owed to WF shall be deducted from the sale proceeds. WF shall account to Client for any surplus; however, Client shall be liable to WF for any deficiency.
15. ASSIGNABILITY
Client may not assign any rights or delegate any duties under this Agreement without the prior written consent of WF, which may be withheld in WF's discretion. WF may assign any right or delegate any duties under this Agreement upon written notice to Client.
16. TERMINATION & WAIVER
This Agreement may be terminated by either WF or Client at any time upon thirty (30) days written notice to the other, provided that in the event of a default by one party, the other party may terminate at any time upon immediate written notice. Upon the termination of this Agreement, Client shall remove the Horse in the manner provided in Paragraph 13 hereof. Termination shall apply only to the horse(s) specified in the termination notice and this Agreement shall continue to apply to any Horse remaining in WF's possession after the termination of this Agreement. No delay or failure by WF to exercise any right or remedy under this Agreement shall be deemed a waiver of that or any other right or remedy. The termination of the Agreement shall not terminate either party's obligation to pay any fees, costs, expenses and other amounts already incurred pursuant to this Agreement.
17. TAXES
Client shall pay for and shall defend, indemnify and hold WF harmless from any sales, excise, use, or similar tax relating to the Horse or any of the Client's horses, including any interest or penalty thereon.
18. CLIENT INFORMATION
Client shall promptly notify WF in writing of any change in any information given by Client to WF.
19. ENTIRE AGREEMENT, INTERPRETATION CHOICE OF LAW, ETC.
This Agreement contains the entire understanding of the parties concerning the subject matter and supersedes any prior or contemporary agreement between the parties. This Agreement may only be modified or amended in writing stating that it is a modification or amendment of this Agreement. The parties hereto agree that they will make no claim at any time that this Agreement has been orally altered, modified or otherwise changed. This Agreement shall not be construed against WF on the basis that WF drafted the same. Headings are for convenience only and are not part of this Agreement. The invalidity of or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the remainder. This Agreement shall be construed and governed by the internals laws of the State of Texas.
CONTRACT EXECUTION. I HAVE READ, UNDERSTAND AND ACCEPT ALL OF THE TERMS OF THIS AGREEMENT.
This Agreement contains the entire understanding of the parties concerning the subject matter and supersedes any prior or contemporary agreement between the parties. This Agreement may only be modified or amended in writing stating that it is a modification or amendment of this Agreement. The parties hereto agree that they will make no claim at any time that this Agreement has been orally altered, modified or otherwise changed. This Agreement shall not be construed against WF on the basis that WF drafted the same. Headings are for convenience only and are not part of this Agreement. The invalidity of or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the remainder. This Agreement shall be construed and governed by the internals laws of the State of Texas.
Whistlejacket Farm, LLC Manager's Signature:
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Date:
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