Feel free to use this form with your next Horse Trial whether you are the Owner or the Trialler:
HORSE TRIAL CONTRACT
First Phone: _____________________________________________
Second Phone: ___________________________________________
First Phone: ______________________________________________
Second Phone: ____________________________________________
2. HORSE TRIALLED:
The Owner hereby agrees to lend and the Trier hereby agrees to trial, upon the terms and conditions set forth, the following described horse, hereinafter referred to as "the horse."
Horse's Name: ____________________________________________
Horse's Barn Name: ________________________________________
Sex: __________________________ Breed: _____________________________
Colour & Markings: _________________________________________
Sire Name: _______________________________________________
Dam Name: ______________________________________________
3. BILL OF TRIAL
This bill of trial is executed this ____________________ of _________________________________ 20 ________. The trial is valid for _______________ week/month and thereafter the horse needs to be returned or bought. The Owner hereby allows to trial the horse in accordance with the laws of New Zealand and subject to the following conditions:
4. TRIAL FEE:
This is a FREE / PAID trial. Fees $ ________________
5. EXPRESS WARRANTIES: The Trier accepts the horse with only those warranties set forth herein and subject to any and all faults or defects to the horse that may now exist or subsequently appear. There are no other expressed or implied warranties extended to the Owner, nor are there any warranties extended, either expressed or implied, for fitness of the horse for any particular purpose.
6. INJURY LIABILITY: The Trier understands that horses, horseback riding and equestrian activities carry inherent risks of injury, damage or death, and that purchase of the horse herein includes these risks. The Trier knowingly assumes the risks, known and unknown, of all activities on and around the horse from this time forth. The Trier agrees to the following:
(a) The Trier is and will be responsible and liable for any and all injuries including, but not limited to physical injury, economic or pecuniary injury, death, mental or emotional injury and property damage arising from, related to, based upon, or attributable to the horse or the Owner.
(b) The Trier waives, discharges and releases the Owner from any claim that may now or hereinafter arise for any injury including but not limited to physical injury, economic or pecuniary injury, death, mental or emotional injury and property damage arising from, related to, based upon, or attributable to the horse or the Owner.
(c) The Trier agrees that the Owner has been honest in representing the horse to the best of the Owner's knowledge. The Trier acknowledges that this horse maybe young, inexperienced, energetic and green and may pose a danger to the trier and other individuals working with and around the horse. The trier assumes all responsibility for the horse's actions from this time forth, releasing all liability from the Owner.
7. TRIER JOINT LIABILITY: All parties signing as trier are jointly and severally liable for all obligations hereunder.
8. ACCEPTANCE, NOTICE OF CLAIMS AND LIMITATION OF REMEDIES, AND
RISK OF LOSS: The Trier accepts the horse by signing this contract and the risk of loss passes immediately. The Trier is responsible for all board, veterinary and transportation expenses after the date indicated on this form. In the case of the horse's death or accidents incurring, rendering the horse unfit for purpose, the Trier has to reimburse the Owner the full purchase price of NZ $_________________ .
9. LEASEE'S WARRANTIES: The trier shall hereafter provide adequate feed, shelter, worming, vaccinations, veterinary care and farrier care for the horse. The Leasee shall be responsible for all sales, transaction privilege and other taxes that may be imposed as a result of this transaction. The Owner can remove the horse from the Trier's premises without notice if the Owner decides the horse has been inadequately cared for. The Trier can not move the horse unless prior informing the Owner. The Trier has no right to sell the horse. The Trier has to give the Owner 4 days notice before returning the horse.
10. APPLICABLE LAW, JURISDICTION AND ATTORNEY'S FEES: This contract shall be construed and governed by the laws of New Zealand. At the option of the Owner, jurisdiction and venue for any dispute arising under or in relation to this contract shall be only in the country identified above. In the event a lawsuit is brought forth with respect to breach of contract by the Trier, and the Owner engages an attorney, the Owner should be entitled to collect reasonable attorney's fees from the Trier.
11. NOTICES: All notices, requests and consents required or permitted by this contract or for any other purpose shall be in writing, signed and delivered to the appropriate address specified above, or another address of which the sender has been given written notice by certified mail.
12. ENTIRE AGREEMENT AND SEVERABILITY: This contract contains the entire understanding of the parties concerning its subject matter; there are no additional oral or written promises or representations upon which the Tryer is relying except as expressly set forth herein.
This contract may be modified only in writing executed by both Trier and Owner.
Dated this __________day of ___________________________ 20______
Owner (Name): _____________________________________________________________
Owner (Signature): __________________________________________________________
Trier (Name): ________________________________________________________________
Trier (Signature): _____________________________________________________________
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