Foundation First Horsemanship

Minimum 90 day program $450 per week plus GST 

Young Stock Foudation Program (min 2 weeks) $450 per week plus GST 

 

DEFINITIONS
The Proprietor is the person offering the training services.

The Horse owner is the sole owner, authorised representative or lessee of the horse.

DUTY OF DISCLOSURE

The TRAINING SERVICE in this agreement is offered by:

Thomas Jones
Foundation First Horsemanship

339 Slopes Road

Kurmond NSW 2757 Australia

HORSE OWNER DETAILS

Foundation First Horsemanship will contact Hawkesbury Equine Vet to administer treatment. 

RESPONSIBILITIES UNDER A TRAINING AGREEMENT

Proprietor

• Supply of facility.
• Single yard with natural/man made shelter - electrified with stand off.
• Handling to move horses for paddock rotation (including overnight yarding/stabling)
• Rugging
• Removal of waste from stables (if applicable)
• Equipment to supply water to stables, yards, paddocks including taps, hose and bucket/trough
• Filling of water trough
• Hygiene of water source
• Feeding (hard feed and hay is included in training costs) 2 quality hard feeds and 2 biscuits of hay provided daily
• Provision of emergency treatment as arises (at cost of owner, as detailed above)
• Handling, educating, training, as required
• Transport to and from proprietor’s property before and after training at additional cost to horse owner, unless agreed otherwise
• Advising horse owner if the property becomes unsuitable, eg presence of disease
• Test for disease if required (costs to be paid by horse owner)
• Advising owners of accident or injury to their horse, if observed
• Authority to request veterinary, dental and farrier services
• Bring to the attention of the horse owner the appropriate codes of conduct, and have them available for viewing at all times
• Sending invoices and final notice of the planned sale of the horse to recover costs

HORSE OWNER

• Ensuring that Foundation First Horsemanship can contact the owner or owner's representative in an emergency
• Transport of horse to and from proprietor’s property, unless agreed otherwise
• Horses must have current vaccination against: strangles and tetanus
• Horse to be wormed with a broad-spectrum paste equivalent to “Equest Plus Tape” 48 hours before or on arrival at proprietor’s property.Drench/paste every 6 weeks after arrival on proprietor’s property, may be required.
• Teeth care – wolf teeth removed or teeth filed if affecting horses performance. Teeth to be maintained during training.
• Horses feet to be in suitable condition to commence training on arrival at proprietor’s property.
• Trimming every 4-8 weeks after arriving on proprietor’s property, at owners expense.
• Shoeing as required, or if deemed necessary by proprietor, at owners expense.
• Inform the proprietor of the name of the people you would like to bring to the property. The proprietor reserves the right to refuse entry to any person
• Supervise at all times all minors brought onto the property
• Take responsibility for the safety of all persons brought onto the property
• Payment of all accounts at time of invoicing. Reminder invoices will be sent weekly, and attract a $10/day admin fee on all overdue accounts past 7days from the date of invoice until account is paid in full.
• Insure the horse against any damage it may cause
• Informing the proprietor of any diseases the horse is carrying
• Checking the horse routinely, or employing an agent to do so, to ensure the conditions of the agreement are being met
• Notify the proprietor your intention to visit your horse during training.
• To abide by the Prevention of Cruelty to Animals Act 1986 which protects horses. To obtain more information about the Act & your responsibilities under the Act, contact the Bureau of Animal Welfare. The proprietor will not be held responsible for any welfare issues.

PROPRIETOR’S RIGHTS TO MONIES OWED

If training costs are overdue, the horse will be removed from training and put on full board agistment at a cost of $270 per week.

In accordance with the Impounding of Livestock Act 1994, the proprietor reserves the right to create a lien over an agisted/training horse immediately there is a default in payment. At this time, a ‘default notice’ will be issued. The horse owner has 28 days from this notice to pay all outstanding fees, then the proprietor will issue a final notice detailing intention to take steps to sell, dispose of or destroy the horse if payment remains outstanding.

A lien is a legal process that gives the proprietor possession over the agisted/training horse, the horse can be held by the proprietor, until money owed on it for agistment/and or training is paid or the horse is sold.

The proprietor will also hold power of attorney over the horse at this time.

The horse owner may not remove horse/s from the property while any part of the agistment, training, veterinary or other debt is unpaid.

The proprietor may claim up to three months of owing agistment fees.

Agistment arrangements can be either written or verbal (spoken).

If the horse owner does not pay the whole of the agistment/training debt as required by the final notice:

-  an auctioneer may sell the horse/s, either as one lot or separately, to the highest bidder, on the basis that the purchaser will receive full title to each item sold; and
-  the horse owner irrevocably appoints the proprietor as the horse owner’s attorney with power to execute all transfers and other documents and do everything necessary to effect and complete the sale and to pass full title to the purchaser. This includes power to update all documents (for example, the stud books and registration papers) to show the purchaser as the new horse owner. The horse owner is compelled to act in accordance with the law in the exercise of this power of attorney including signing all documents to effect anything done by the attorney.

Before the proprietor exercises the right to sell an agisted/training horse under this agreement:

-  some part of the agistment/training debt must be unpaid for at least 14 days after the proprietor has sent the horse owner an account;
-  the proprietor must send the horse owner a DEFAULT NOTICE which states the total amount of the agistment/training debt owing to the date of the notice and that the horse will be sold if the agistment debt is not paid in full within 28 days from the date the notice is given; and

The proprietor will use the proceeds of sale to pay, in the following order:
-  all sales costs for example, advertising, transport, sale commission and legal costs;
-  the agistment/training debt to the date of sale. Agistment will be charged at $270 per week
-  any fees which the horse owner owes to the proprietor for any other horses; and
-  any balance to the horse owner or as the owner directs in writing. If the balance is not collected within 12 months, it may be dealt with under the Unclaimed Monies Act 1962.

The horse owner remains liable for any residual debt not recovered by the sale.

The proprietor must give the horse owner a final statement detailing the sale proceeds and how the proprietor has applied them. The proprietor will allow the owner access to records of agistment/training costs and proceeds from the sale of livestock for 30 days from sale & disbursement, and any money left over after deducting agistment/training costs.

Notices

A notice may be given by delivering it in person, posting it to the address set out in the schedule for this agreement or as last known to the sender, or sending it by email to the email address set out in this agreement, or as last known to the sender. A notice is considered to be delivered 2 days after it was posted, or if emailed, when the sender’s email program shows the email was sent to the horse owner’s email address.

Notes

Either party must notify the other immediately of they become aware that the horse/s are suffering from any significant or notifiable sickness, disease or injury. The proprietor must not remove agisted/training horses from the property without the horse owner’s consent, except where there is an emergency (for example, fire or flood). In this case the proprietor must promptly inform the horse owner of the new location of the horses. It is the horse owner’s responsibility to insure the horse and horse gear/equipment against all risks while they are on the property or being transported.

INSURANCE DISCLAIMER

I acknowledge I have been informed my horse will not be insured in the case of any injury or death while on the proprietor’s property, or being transported by the proprietor.

I agree the proprietor has suggested I insure my horse while it is on the proprietor’s property, or being transported by the proprietor.

I also acknowledge the proprietor’s insurance will not cover me for accident or death while riding my, the proprietor’s, or any other horse on the proprietor’s property.

 

FINAL AGREEMENT

Training cost to horse owner for agreement as outlined above is $450 (90 day program and youngstock foundation program) or agreed amount if prior discussed with the proprietor. 

A booking deposit is required to hold your horses training spot. This is NON REFUNDABLE. One month is required for all 90 day programs and 1 week is required for all 4-8 week programs. Your deposit will come off the total training price. 

* The proprietor may vary the rates upon giving 14 days notice in writing. If required, the proprietor will send training accounts to the horse owner each week. The accounts are due and payable on invoice. Reminder invoices will be sent weekly, and attract a $10/day admin fee on all overdue accounts past 7days from the date of invoice until account is paid in full.

I, the horse owner, acknowledge that:-

(1)  This agreement starts on the day the horse is delivered to the above property and continues until one of the parties ends the agreement. 1 weeks notice must be given to terminate this agreement.
(2)  the proprietor relies on the information provided by me and I state the information is true, accurate and complete.
(3)  any activities involving horses can be hazardous, unpredictable and inherently dangerous and I recognise that there are risks specifically associated with the activity, some of which include: the unpredictability of animals, especially if they are frightened or hurt, no matter how well trained they are, the remoteness of the area in which riding takes place, sudden and unexpected changes in weather, physical exertion for which the rider may not be prepared, and difficulties in evacuation if the rider is or becomes disabled.
(4)  I release the proprietor from all claims and indemnify the proprietor against all claims made by or on behalf of any other persons in respect of any injury, loss or damage caused by me or my horse, arising out of or in conjunction with my participation in riding or failure to comply with the proprietor’s rules and/or direction, whether such injury, loss or damage was caused directly or indirectly by the negligence of the proprietor or otherwise, or by the proprietor’s servants or agents.
(5)  the proprietor is not liable to indemnify me from and against any loss, damage or liability, whether criminal or civil, suffered by me or my horse arising out of the provision of the riding lessons, training, agistment and associated services.
(6)  all warranties, covenants and stipulations are hereby excluded.
(7)  the dangers associated with the consumption of alcohol or any mind altering substance before or during a ride, and take full responsibility for injury, loss or damage associated with the consumption of alcohol or any mind altering substance.
(8)  I must obey and comply with all rules and directions given by the proprietor in connection with the agistment, training or riding.
(9)  The horse owner must report all accidents, injuries, loss or damage to the proprietor before leaving the proprietor’s property.