EQUINE
TRAINING / TRANSPORT CONTRACT
NOTE:
Please provide this completed form for animals
to be shipped, one form for each animal. ALL
INFORMATION REQUESTED MUST BE COMPLETED, AS
AN INCOMPLETE FORM WILL NOT BE ACCEPTED AND
SAID ANIMAL NOT SHIPPED.
THIS
AGREEMENT is entered on this XX day of XX,
2XXX, by and between MOONDANCE, hereinafter
referred to as “Transporter” and
XXX, hereinafter referred to as “Shipper”
whose address is XXX, City, State, Zip.
Daytime Telephone (000) 000-0000 / Evening
Telephone (000) 000-0000 / Mobile Telephone
(000) 000-0000
THIS
CONTRACT covers the transport of the below
described animal: (one contract per animal)
FOR THE FEE OF $ 000
Animal: horse / donkey / goat / other:
Name:
Sex: Age: Height: Weight: Breed:
Color:
Markings:
Reg # or Tattoo:
Animal’s Actions/Problems:
PICK
UP INFORMATION FROM “SHIPPER”
DELIVER TO:
Contact Name: Contact Name:
Physical Address: Physical Address:
City/State/Zip: City/State/Zip:
Telephone: Telephone:
Directions Directions:
“SHIPPER”
agrees to: He/She will make arrangements for
the following and assume all costs thereof:
1. Health Certificate dated within 30 days
of transport destination date. REQUIRED
2. Negative Coggins (EIA) Test within six
(6) months of transport destination date.
ORIGINALS REQUIRED : NO COPIES
3. Administration of any special vaccinations
required by states transported through or
to, as well as the destination facility.
4. Pick up and delivery instructions (above).
5. Halter. REQUIRED
6. Shipping boots, wraps, blanket(s). OPTIONAL
7. Furnish a bale of hay so that we do not
have to change their diet in transit.
8. Shipper will maintain and provide proof
of current horse mortality insurance.
9. Advise us if we cannot safely get our rigs
IN & OUT of the pick-up or delivery location.
10. The animal to be shipped should not be
fed grain one feeding before pick-up.
SHIPPER
WILL MAINTAIN AND PROVIDE PROOF OF CURRENT
HORSE MORTALITY INSURANCE or SHIPPER elects
not to carry horse/animal mortality insurance
and assumes ALL risks therein (to include
but not limited to injury, death, illness
or disease, physical damage or harm). Shipper’s
Initials _________.
SHIPPER
agrees to Reimburse Transporter for all veterinary
services, drugs and other medical supplies
I the event of an emergency or as the Transporter
deems necessary for the well-being of the
aforementioned horse(s)/animal(s).
A
deposit of at least 50% of the shipping fee
is due in advance of the trip. The balance
of the shipping fee will be paid in advance,
at pickup of said horse(s)/animals(s), unless
prior arrangements have been made. For your
convenience we accept cash, certified checks,
money orders, personal or business checks
(up to 14 days prior to transport).
Shipper
will be responsible for all collection fees
for default on a check.
Transporter
shall be entitled to a lien against the transported
horse(s)/animal(s) for possible sale at auction
to recover charges and expenses associated
with collection or original invoiced amount
and other contractually agreed expenses. Lien
to be placed in compliance with local and
state regulations.
OTHER
CHARGES
The
rate you are quoted is for door-to-door delivery
(when possible) and care of your horse(s)/animal(s).
However surcharges may apply for any of the
following:
1.
Box stalls, if not in the original quote,
are available for 1-1/2 charges.
2.
A fee of $75.00 will be applied for any returned
checks.
3.
In the event we arrive at the pick-up location
and are unable to transport your horse(s)/animal(s)
because of the lack of required paperwork,
misrepresentations, or we are unable to safely
load your horse(s)/animal(s) after using diligent
efforts to safely load, 50% of the shipping
fee will be returned.
CANCELLATIONS
Shipper
agrees to tender to Transporter, for transportation
hereunder, a $100 processing fee per horse(s)/animal(s)
and/or per stall (a box stall is considered
to be 1-1/2 stalls) should Shipper cancel
shipment more than two weeks prior to shipping;
not less than 25% of the agreed upon shipping
charges should Shipper cancel shipment less
than two weeks prior to shipping but more
than 72 hours of scheduled pickup; and not
less than 50% of the agreed upon shipping
charges should Shipper cancel shipment within
72 hours of scheduled pick-up.
FORCE
MAJEURE
It
is agreed that in the event of a riot, war,
Act of God, governmental regulations, or other
causes beyond the reasonable control of the
parties, which event makes performance under
this Agreement impossible, the terms of this
Agreement shall be suspended during the period
of such events or acts and neither party shall
be liable to perform.
THE
TRANSPORTER AGREES
Transporter
agrees to provide services to Shipper as described
herein under contract, in equipment designed
to meet Shippers needs as provided herein,
at the rates sets forth herein. Delivery instructions
shall be prepared by the Shipper (Rate Request
Form) and followed a closely as is reasonable
under the circumstances by the Transporter.
Delivery of the horse(s)/animal(s) tendered
for transport to Transporter shall be evidenced
by a pick-up and delivery receipt prepared
by the Transporter and signed by the Transporter,
Shipper and Consignee or its agents or employees
at the loading and unloading points respectively.
Trnasporter
will use diligence to safely transport, feed
and care for the aforementioned horse(s)/animal(s),
but makes no guarantees as to the health or
physical condition of the horse(s)/animal(s)
upon departure or arrival. Every effort will
be made to pick-up and deliver horse(s)/
animal(s)
on suggested dates/times. We cannot be held
responsible for delays caused by traffic,
detours, threat of poor weather, poor road
conditions or any emergency horse(s)/animal(s)
health needs that may arise along the trip
route.
In
event the horse(s)/animal(s) require the services
of a veterinarian, the Transporter will immediately
notify the Shipper. In event the Shipper cannot
be reached, the Transporter is hereby authorized,
as agent for the Shipper to call the first
available licensed veterinarian of his/her
choice. All fees charges by said veterinarian
shall be the sole and exclusive responsibility
of the Shipper with no liability whatsoever
on the Transporter for such fees. Shippers’
Initials ________.
MODIFICATION
OF AGREEMENT
No
modification of this agreement and no waiver
of its terms shall be valid or binding unless
in writing and signed by all parties. Shipper
understands that this is the entire agreement
between the Shipper and the Transporter, its
agents or employees, and it supersedes and
cannot be modified or changed in any way by
the representations or statements of any employee
or agent of the Transporter or Shipper.
APPLICABLE
LAW
The
laws of the State of XXXXX shall apply, except
as Federal law or regulations may conflict,
in which case the latter shall take precedence
with regard to the terms of this Agreement.
RELEASE
Owner/Shipper
hereby voluntary releases and forever discharges
the Trnasporter and its agent from any and
all liabilities, claims, demands, actions
or rights of actions, which are related to,
rise out of, or are in any way connected with
the transport of the aforementioned horse(s)/
animal(s), including all third party claims.
Owner further agrees, promises and covenants
not to sue, assert, or otherwise maintain
or assert any claims against the Tranaporter
or its agents or employees, for any injury,
death, disease, or damage to the aforementioned
horse(s)/animal(s) arising from or in connection
with the transport, and or feeding of said
horse(s)/animal(s) or from any claims asserted
by other third parties. Owner/Shipper understands
and agrees that the maximum value of said
horse(s)/animal(s) to be transported is $2,000.00.
Owner/Shipper
understands and acknowledges that insurnce
is not provided to the Owner by the Transporter.
If the Owner elects not to secure insurance,
then he/she agrees that he/she assumes all
expenses or liabilities associated with the
transport or care of the aforementioned horse(s)/animal(s).
Owner/Shipper
hereby holds harmless MOONDANCE LLC and its
owners and employees for any liability that
would incur for property damage or bodily
injury to any horse(s)/animals(s) and /or
owners/passengers while loading, transporting,
unloading or hauling the aforementioned horses(s)/animal(s).
My
signature below indicates that I have read
this entire document, understand it completely
and agree to be bonded by its terms in its
entirety.
Owner/Shipper
Signature:________________________________________________________________________________________
Transporter
Signature:___________________________________________________________
Date:__________________________________
Horse(s)/Animal(s)
Received By (please print):________________________________________________________________________
On
this XXXX day of XXXX, 2XXX.
Signature:
___________________________________________________________________________________________________________