Heart of Phoenix Equine Rescue, INC.
APPALACHIAN TRAINER FACE OFF COMPETITION
Equine Training Foster Agreement
1. HORSE
This Agreement pertains to OWNER’S horse(s) more specifically identified as (collectively referred to as the “HORSE” above):
2. FEE AND TERM
The Trainer agrees to take part in the competition called “The Appalachian Trainer Face Off” to train their selected Horse for approximately 100 days and provide transportation to and from the rescue facility and show grounds for the competition. The Trainer agrees to provide and cover costs of all needed water, hay, grain, minerals and farrier care during this time.
The Trainer and selected Horse will then attend the three-day competition at Winfield Riding Facility in Winfield, WV in August, as publicly posted for this year.
At the end of the competition, the Horses will be auctioned off to the highest approved adopter. If the Horse is not adopted to an approved Heart of Phoenix adopter, the Horse will be returned immediately to the Owner’s care at that time, unless owner and trained agree to a new signed foster training agreement at that time. Trainer recieves 50% of paid approved adoption fees only.
The Trainer agrees if he/she cannot provide adequate training services or care to the selected Horse, as defined solely by Heart of Phoenix, the Trainer must immediately return the horse to the Owner’s main facility, Mulligan Farm, in Lesage, WV . The Trainer accepts the responsibility of the Horse during the time in the Trainer’s care, and will be responsible for all marketing costs, transportation costs, feed costs, and any costs associated with returning a Horse.
3. RESCUE HORSE
TRAINER acknowledges that the Horse he/she is offering training to has an unknown history. The Horse may prove difficult to handle, and that HOP has no way to know the full history of the horse. The TRAINER acknowledges and accepts this risk. If at any time the TRAINER feels that their safety is in question or that their abilities are unable to complete the task, they may request a change in Horses. If there is a change, scoring remains the same, even if a new horse is substitutef for any reason at any time.
4. FEED, FACILITIES AND SERVICES PROVIDED
TRAINER agrees to provide kind and reasonable training and care required to maintain the health and well-being of the HORSE. TRAINER will manage and supervise feed schedule in order to maintain normal and reasonable health of the HORSE. OWNER shall be responsible for all expenses related to hoof trims, gelding, vet care and dental care. Unless it is in the case of an emergency, TRAINER’s must receive approval on procedures and costs from OWNER in writing before the services are performed. In the case of emergency, the OWNER will be contacted as soon as is reasonably possible to be made aware of the situation. A horse may only be stabilized in emergency cases. Surgery is not allowed without permission from owner.
TRAINER agrees to employ reasonable attempts to contact OWNER or our agents, in the event of the HORSE’S medical emergency via phone calls and text messages. If TRAINER is unable to contact OWNER, and if emergency care appears warranted in the reasonable opinion of TRAINER, TRAINER shall secure emergency veterinary and/or farrier care deemed reasonably necessary for stabilizing of the HORSE,
The TRAINER agrees that they will not use any controversial training, horsemanship, or handling methods on the horse or any methods covered by owner at not allowed in trainer . meeting. The TRAINER agrees that should he/she use such techniques or should any such techniques be brought to the attention of the OWNER, the HORSE must be returned immediately to OWNER and the TRAINER will be removed from the competition. At no time will the trainer be entitled to compensation. The trainer agrees to cover cost of return of the horse for any and all reasons the horse needs to return to the rescue.
5. INSURANCE
TRAINER agrees to have insurance covering equine activities on their property which covers the trainer and their program.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION
TRAINER agrees to hold harmless and release OWNER and its subsidiaries, affiliates, agents, servants and employees from any and all loss, deaths, injuries, damages or legal liability arising from any this training agreement or horse. TRAINER (or representative of TRAINER if Youth) agrees to bring no claims, demands, actions, causes of action, and/or litigation against OWNER and/or its subsidiaries, affiliates, agents, servants and employees related to the same. Further, OWNER shall not be liable for any death or injury that may be suffered by other horses or humans while in TRAINER’S custody, nor for any other loss, damages or injury arising out of or connected with boarding or other services pursuant to this Agreement. OWNER shall not be liable for any personal injury or disability which the OWNER, and their agents, representatives, family or guests may receive while on premises.
TRAINER agrees to indemnify and hold OWNER harmless from any claim related to damages, illness, or injury whatsoever caused by the HORSE, or from any claim by OWNER, or his/her agents, representatives, family or guests arising from their presence on their premises, and agrees to pay all expenses and reasonable attorney’s fees incurred by OWNER in defending against such claims. OWNER acknowledges the inherent risks associated with equine activities, and is willing and able to accept full responsibility for his/her own safety and welfare and releases the OWNER, and
any other equine owner or agent, from liability unless the OWNER, equine owner or agent is grossly negligent or commits willful, wanton or intentional acts or omissions. TRAINER also acknowledges that TRAINER executes this Agreement on behalf of Trainer, as well as all of TRAINER’S children, family members and guests.
OWNER’S own risk.
If TRAINER is a minor, the parent of the Minor child agrees to these same terms.
7. DEFAULT/TERMINATION
Should TRAINER violate any rule of the OWNER, the TRAINER must return the HORSE within
three (3) days’ receipt of notice by OWNER.
8. REPLACEMENT/WITHDRAWAL
OWNER agrees to try to provide TRAINER with another horse to train should the horse in question come up lame or be unable to compete for any reason.
Should the TRAINER be unable to complete the entire competition, they will forfeit all rights to the auction fees of the horse. The horse can be given to a other trainer to showcase or training at the event if the original trainer is not allowed to compete or cannot compete.
9. RIGHT OF LIEN
TRAINER has NO right of lien on the HORSE for any reason.
10. MERGER, ENTIRE AGREEMENT AND SEVERABILITY
This Agreement contains the entire understanding of the parties concerning its subject matter and there is no oral or written promises or representations upon which TRAINER is relying except as expressly set forth herein. This Agreement may be modified only in writing executed by OWNER and TRAINER. The validity or enforceability of any term of this Agreement shall not affect the validity and enforceability of any other term.
11. APPLICABLE LAW, JURISDICTION, VENUE, ATTORNEY’S FEES, LIMITATION OF ACTIONS
This agreement shall be construed and governed by the laws of the State of West Virginia, in the county of Wayne, West Virginia. Jurisdiction and venue for all disputes connected with this Agreement shall be proper in the county in which HOP is incorporated. In the event lawsuit is brought with respect to enforcing this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred in such action.
12. COMPETITION EXPECTATIONS
Trainers will train with kindness and never use a. Approach the owner has said we do not allow in event meetings or writing.
Trainers will not cut manes, tails or pull wolf teeth or re-float teeth of horses without written permission from owner
Trainer will notify owner of they need feeding or farrier assistance for care. This will impact adoption auction percentage fee paid, to make things fair across the board to all trainers, but owner will always step in to keep horses well conditioned.
Trainer will not give supplements, medicines, vaccines, dewormers or medical care without written permission.
Trainer will not ask for reimbursement for care not approved by owner prior in writing.
Trainers will keep the horse at a body score of 5, allowing that the horse may come to the trainer in need of body score improvement and will notify owner of the horse does keep a health weight .
Trainers will actively work to promote the horse in person and in social media in the equine community they work in continuously.
Trainers will keep photos and videos posted to encourage public interest throughout the 100+ days.
Judges' Decisions are FINAL. Trainer agrees to honor their decisions. Any public disparaging of the results, placings, or of the judges who have graciously given their time will not be tolerated and will be grounds for removal from the competition.
Auction results are FINAL. Any attempt to increase the amount the auction winner pays to the trainer will result in the trainer forfeiting the entirety of the auction proceeds or prize winnings. Trainer will also be disqualified from participating in any future Appalachian Trainer Face Off Events.
Trainers bidding on their competition horse must provide advance notice and be approved for adoption prior to the ATFO adoption deadline. They will be assigned a proxy. In the event that the trainer wins their bid, they will be responsible for paying 50% of the winning bid, and will receive no auction fee for their horse.
SIGNER STATEMENT OF AWARENESS
I/WE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING
AGREEMENT, WARNINGS, RELEASE AND ASSUMPTION OF RISK.