LIVERY YARD AGREEMENT

Transcription

LIVERY YARD AGREEMENT
LIVERY YARD AGREEMENT
This agreement is made on the ............................................ (date) between the parties CWA
Enterprises/Cambridgeshire Horse Sport Academy (hereafter referred to as the PROPRIETOR) and
..................................................................................................................................................................
..................................................................................................................................................................
..................................................(insert name, address, emergency phone number and email address)
(hereafter known as the HORSE OWNER). The HORSE OWNER for this document is the individual
accepting responsibility for the payment for the HORSE; it may not necessarily be the actual owner.
This is reflected in comments in paragraph 4.
This agreement relates to livery services as provided for................................................................
.................................................................. (insert horse name followed by description, size and
weight) (hereafter referred to as the HORSE). The owner confirms that the horse is passported
through............................................................ (insert passport authority) and has the unique equine
reference number .......................................................
The horse is to be on a........................................................ (Insert type of livery basis) at the
Cambridge Campus yard for the agreed sum of .................... per week for the remainder of the year
up until July 31st 20__ (The Livery year is an annual contract running for the full or part of period
from August 1st to July 31st). The livery fee is payable by the HORSE OWNER to the PROPRIETOR in
advance by the first of every month.
The yard shall at all times during the term provide the services in an efficient and professional
manner which meets the welfare needs of the horse and in so doing will exercise all the skill, care
and diligence that might be expected of a competent and properly qualified livery yard. During the
term the yard will keep appropriate records of all acts and work done by it in relation to the services
and at the request of the owner, the yard shall make them available for inspection and/or provide
copies to the owner. On arriving to the yard all horses will be photographed to reflect their health
and status at that point.
The horse will not be worked for more than [ ] hours weekly, and shall not carry more than [ ]
kg. Depending on the nature of the livery agreement as outlined above this will be the target
work load.
(1) The PROPRIETOR will provide an annual schedule of costs and yard plans for HORSE
OWNERS which will be issued in July for the following contract year.
(2) Under the terms and services of the livery type, responsibilities of the following care of the
horse will lie with the PROPRIETOR :
a. Regular turnout, bringing in and rug changes
b. Care of dry stable with access to natural light, bedding and water
c. Provision of appropriate hay and feed
d. Grooming, exercise and tacking up
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e. Access to an area of hard standing where the horse may be groomed, shod, etc.
f. Checking the horse, monitoring its performance and providing regular health and visual
teeth checks
g. Individual worming within a yard annual programme
h. Ensuring the appropriate use of the horse in line with any restrictions agreed with the
HORSE OWNER
(3) The HORSE OWNER will notify the yard in good time of any information or documents
required by the yard to enable it to perform the services including without limitation, any
known vices, medical condition and any special requirements of the horse.
(4) The livery agreement will start on ……………………….(Insert date) and continue indefinitely. If
the HORSE OWNER wishes to terminate the livery agreement the HORSE OWNER will
inform the PROPRIETOR in writing, no less than one calendar month’s notice before they
wish to terminate. The HORSE may be moved from the yard during this time but a full
period of notice must be paid in full.
(5) It is the HORSE OWNERS responsibility to ensure that cleared funds are provided in
advance or on the 1st day of each month for the month concerned. Failure to meet this
requirement will result in an additional charge of £10 per day for every day that funds are
not cleared when monies are first due. In the event that livery fees go unpaid for more
than three months after monies are first due the PROPRIETOR reserves the right to sell the
HORSE or items of tack in order to recoup costs as long as the HORSE OWNER is notified in
writing of the intention to sell at least 7 days before the date of any unpaid sums due
under this agreement and the reasonable costs of sale. Any remaining money shall be
returned to the owner within 30 days of the sale. For horses that are subcontracted, CWA
Enterprises will expect a letter from the HORSE OWNER to indicate their agreement for the
person identified in this agreement to place their horse with us. The letter will also accept
that the horse will not be released until all outstanding sums are repaid to the college
either by the HORSE OWNER or the approved signatory. This includes any late payment
fees.
(6) The PROPRIETOR agrees that they shall at all times during the period of the livery
agreement provide a safe and suitable environment for the horse to be kept and any
agreed services will be delivered in a safe and efficient manner which meets the welfare
needs of the HORSE and in so doing will exercise all the skill, care and diligence that might
be expected. Where this is not the case the horse owner should in the first instance raise
their concerns with the Cambridge campus director for the College of West Anglia. There
will be occasions where the activity of the college/CWA Enterprises may impact on the
service of the yard or the ability of the owner to access their horse – this will be notified to
the owner in advance. All HORSE OWNERS and their visitors must on every occasion sign in
as visitors to the yard in the visitor’s book.
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(7) The PROPRIETOR shall give the HORSE OWNER access during the business hours of the yard
(these hours will be displayed clearly on a display board next to the yard manager’s office,
they are subject to change but will follow the times in which the college provides staff
coverage on the yard). Strictly no HORSE OWNERS or unauthorised personnel should be
present on the yard when there is no staff coverage.
(8) The annual schedule will outline the principles for the HORSE OWNER to access yard
facilities for the year when riding their horse. The main principle is that the business
needs of the Cambridgeshire Horse Sport Academy for events, shows or lessons will take
priority.
(9) The PROPRIETOR will ensure that there is adequate public liability insurance for the yard
and the arenas, and this will be available and on display in the yard manager’s office. The
HORSE OWNER will ensure that their horse is suitably insured for third party liability and
any activities they wish to partake in.
(10) The HORSE OWNER shall abide by any rules or requirements relating to the premises as
notified by the PROPRIETOR. Any guests of the HORSE OWNER will be supervised by them
and informed of the guidelines for the yard as outlined by the PROPRIETOR and this
agreement. No children under the age of 16 shall be allowed on the yard unless fully
supervised by the HORSE OWNER. The PROPRIETOR will require visitors to be signed onto
the yard and for the appropriate lanyards to be worn whilst on site.
(11) Other responsibilities of the HORSE OWNER:
a. To conduct themselves appropriately whilst on the college estate, and to only park in
the designated car parks.
b. Provide tack and rugs that are appropriate for the horse, maintain these in accordance
with best practice and replace these when they are unfit.
c. Whilst on the yard and riding, appropriate clothing and footwear should be worn and
this should conform to BSI and college regulations. There is a strict no jeans and
jewellery policy and the boots must be appropriate for the activity.
d. If the horse is to be absent from the yard for any period then this will be informed in
writing at least 48hrs before the planned date, and a date of return clearly specified.
Movements of horses must be undertaken during the yard opening times.
e. If the horse is to be moved around the yard or riding areas then all droppings should be
removed
f. The horse will be shod regularly at a cost to the owner, along with full vaccinations for
equine influenza and tetanus and any dentistry treatment.
g. The PROPRIETOR will be informed of any other alternative treatments that the HORSE
OWNER intends to use and the bookings for these.
(12) In the event that the PROPRIETOR believes the horse is in need of farrier, veterinary or
other treatment they reserve the right to contact their own providers to undertake
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treatment provided that the PROPRIETOR has made all reasonable attempts to contact the
HORSE OWNER before this decision is made. The responsibility of any arising costs will be
for the HORSE OWNER solely.
(13) The HORSE OWNER agrees that if a veterinary surgeon advises IMMEDIATE slaughter of the
HORSE to prevent further suffering in the case of injury or illness and the owner cannot be
contacted the PROPRIETOR may give permission to the veterinary surgeon on the HORSE
OWNERS behalf. It is the responsibility of the HORSE OWNER to provide the PROPRIETOR
with emergency contact numbers (as many as possible) and any changes to these that may
occur over time.
(14) No amendment of the terms of the agreement shall be valid or binding unless made by
prior written agreement between the PROPRIETOR and the HORSE OWNER. This
agreement shall last unless subject to earlier termination in accordance with this
agreement. The PROPRIETOR or the HORSE OWNER may at any time terminate this
agreement or any part of it by giving written notice to the other as in 4 above.
(15) This agreement shall in respects be governed by and construed in accordance with English
law and the parties hereby submit to the exclusive jurisdiction of the English courts.
IN WITNESS of which this agreement has been duly executed and delivered on the date written
above.
SIGNED BY:
for and on behalf of the YARD
(Must be authorised signatory as either Campus Director, Yard Manager or Equine Activities Coordinator)
SIGNED BY:
for and on behalf of the HORSE OWNER
(Note comments in relationship to horse ownership and signatory as above)
Copies for HORSE OWNER and CWA Finance Department
Current schedule should be attached.
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