Horses on livery
1.1The Yard shall at all times during the Term provide the Services, as outlined in Annex II 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.
1.2The 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.
1.3During 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.
§2 Facilities to be provided by the Yard and duties of The Yard
2.1 Throughout the Term the Yard shall give the Owner access, during the business hours of the Yard, to the Horse and all premises where the Horse is kept. If the Owner requires access to the Yard outside the stated business hours, this must be arranged in advance with the Yard.
2.2 The Owner shall observe any rules or requirements relating to those premises as notified to the Owner by the Yard, as outlined in Annex III to this agreement.
2.3 During the Term, the Yard shall employ for the purposes of the Services sufficient persons that are suitably skilled and experienced, and where appropriate, professionally qualified in providing the services.
2.4 The Yard shall maintain, with veterinary advice, a yard health policy to include without limitation policies on worming, vaccination, and new horse isolation, as outlined in Annex IV.
2.5 The Yard shall ensure that all persons wear appropriate dress at all times when in the vicinity of the Horse, including without limitation, a hat and suitable footwear with a flat sole and a small heel.
§3 Duties of the Owner
3.1 The Owner guarantees that the Horse is in perfect health conditions and acknowledges his obligations to inform the Yard of any and all eventual stable disorders, amongst which weaving, wind sucking, crib biting etc.
3.2. The Owner will timely comply with the agreed payment conditions and expressly agrees that in case of any failure to comply with such conditions the horse will remain at the Yard until total compliance.
3.3 The Owner shall ensure that the Horse is provided with all those matters set out in Annex IV.
3.4 In the event that the Owner fails to ensure that the Horse is provided with any of the matters listed in Annex V the Owner agrees that the Yard may undertake this work/product provision and charge the Owner in accordance with the sums set out in this Agreement or where not covered by this Agreement, at the market rate.
3.5 The Owner agrees that in the event that the manager of the Yard believes that the Horse is in need of urgent veterinary / farrier attention, the Yard may summon a veterinary surgeon / farrier and authorise any essential treatment, provided that the Yard makes all reasonable attempts to contact the Owner before such work is carried out.
3.6 The Owner agrees to take responsibility for veterinary / farrier fees incurred.
3.7 If a serious veterinary emergency occurs and the veterinary surgeon advises that the Horse must be euthanised, the Owner agrees that the Yard may give permission
to the veterinary surgeon to carry out such euthanasia, if the Owner cannot be contacted. The guidelines are: the Horse sustains an injury or manifests an illness or disease that is so severe as to warrant immediate destruction to relieve incurable and excessive pain and that no other options of treatment are available to that horse, as expressly advised by the veterinary surgeon.
3.8 The Owner shall inform the Yard if the Horse is to be absent from the Yard's premises and when the Horse will leave and return to the Yard's premises.
3.9 The Owner shall ensure that no children under the age of 13 years are brought onto the premises of the Yard unless under the supervision of the Owner at all times. The Owner is responsible for ensuring that all children under their supervision or brought onto the Yard premises as their guests comply with all necessary Yard rules, regulations and health and safety policies, as outlined in Annex IV to the present agreement.
3.10 The Owner and any guests of the Owner shall wear appropriate dress at all times when in the vicinity of the Horse, including without limitation, a hat conforming and suitable footwear with a flat sole and a small heel. If the Owner or any guest of the Owner do not wear suitable dress when in the vicinity of the Horse or any other horse on the Yard, or do not comply with Yard rules, regulations and health and safety policies and are injured as a result; under no circumstances will the Yard sustain any liability whatsoever to the Owner or any guests of the Owner.
3.11 The Yard will provide a tack room that the Owner can use to store tack (e.g. saddle, bridle, martingale and other similar items of horse equipment). The tack room and the yard gate are both locked at night, plus the owner of the Yard lives on site; however, the Owner remains responsible for the security and insurance of their own tack and all other belongings left at the Yard at all times.
§4. Fees, terms of payment and financial matters
4.1 In consideration for the provision of the Services, the Owner will pay to the Yard the Fee and any additional sums due under this Agreement.
4.2 The commission payable to the Yard for provision of any agreed Sales Livery Services is 10% of the final sale price achieved in the sale of the Horse. In the event that a buyer offers a lower amount than the advertised final sale price, the Yard will obtain permission from the Owner before accepting such a lower amount. All buyer offers received by the Yard for the sale of the Horse will be discussed with the Owner. If Sales Livery Service is cancelled without the Notice Period being provided, the fee equivalent to the Notice Period is payable by the Owner to the Yard.
4.3 If the Horse is on Sales, Competition or Breeding Mares Livery, the Yard will provide the following services as needed to the Horse from suitably qualified practitioners which will be charged at cost to the Owner (unless otherwise agreed between the Owner and the Yard that the Owner will arrange and pay direct for these services):
4.3.1 Veterinary assistance and Farriery.
4.3.3 Equine physiotherapy.
4.3.4 Saddle checking.
§5 Term and termination
5.1 This Agreement shall last for the Term, subject to earlier termination in accordance with this Agreement.
5.2 The Yard or the Owner may at any time terminate this Agreement or any part of it by giving written notice to the other of not less than the Notice Period.
6.1 No amendment of the terms of the Agreement shall be valid or binding unless made by prior
written agreement between the Yard and the Owner.
6.2 This Agreement shall in all respects be governed by and construed in accordance with Portuguese law and the parties hereby submit to the exclusive jurisdiction of the Portuguese Courts.
IN WITNESS of which this agreement has been duly executed and delivered on the date written above.
1.1. The yard shall provide the following livery services in respect of the horse: 1.1.1. Full use of all facilities by the Owner, which includes;
1.1.2. At all times, a dry stable with adequate light, ventilation and unlimited bedding.
1.1.3. At all times, an unlimited supply of fresh, clean water.
1.1.4. Morning muck out and skip throughout the day.
1.1.5. Administering of hard feed and forage as required. At all times, an unlimited supply of good quality hay/haylage (forage choice as agreed between the Yard and the Owner).
1.1.6. An area of hard standing where the horse may be groomed, shod etc.
1.1.7. Rug checking and changing as needed by the Horse. 1.1.8. During the summer months, turn out at the outdoor arena.
1.1.9. During the winter months, turn out to the outdoor arena as is possible based on ground conditions, weather and the individual needs of the Horse.
1.1.10. Daily groom. 1.1.11. Daily tack cleaning.
1.1.12. The legs of the Horse washed off/brushed as necessary to remove mud and feet picked out.
1.1.13. Attendance for vet/farrier/physio etc.
1.1.14. Horsebox/ Trailer Parking.
1.2. The yard shall use its best endeavours to ensure that there is provision to heat water and provide adequate light sufficient to examine and provide veterinary care to the horse.
1.3. The fee for these standard services on a full livery basis (7 days a week) shall be 1250 Euros per month.