HORSE AGISTMENT AGREEMENT
This Agreement is made on the_____________day of ______________________(year) ________ Between: (Agistor)
Name:_________________________
Address:_____________________________________ AND:
(Agistee) ____________________________________________________________________ of:
(address) ______________________________________________________________________
________________
_________________________________________________________________ (mobile) _____________________________________
(email) ___________________________________________________________________________
Recitals:
1. The Agistor has land and paddocks available for agisting horses.
2. The Agistee made their own assessment of the property and available paddocks and satisfied themselves as to the suitability to meet their needs.
4. The Agistor and the Agistee have agreed to perform their obligations under the terms and conditions under this agreement. NOW IT IS AGREED AS FOLLOWS:
1. Definitions and Interpretation
Agistee is the owner of the horse, business who owns the horse and/or the person responsible for the horse. Agistor is the owner or landlord of the property
Commencement Date means the first day of the Term
Initial Term means the term of the Agreement between the Commencement Date and the Termination Date in Schedule 1-1 and 1-2. Equine Gear means riding and grooming equipment, feeds, supplements and other equipment. Extension Period means an extended term to the date specified in the Schedule 1-3
Force Majeure Event means any of the following events:
a) War, invasion, act of foreign enemies, hostilities, martial law or confiscation by order of Authority;
b) Pandemic, epidemic or significant quarantine;
c) Natural disasters such as lightning, earthquake, cyclone, storm, volcanic eruption, drought, landslide, mudslide or explosion;
d) Fire or bushfire whether accidently or deliberately ignited. is not caused by an act or omission of the affected party;
II. Is beyond the reasonable control of the affected party and
III. Is not reasonably able to be prevented or overcome by the exercise of the party affected of an appropriate standard of care and due diligence. Horse means the horse whose details appear in Schedule 2
Lien means a charge upon livestock or personal property for the satisfaction of a debt in relation to this Agreement;
Property means the place where the Services are to be performed. Paddock(s) are spaces on the Property as defined by fences and gates
Schedule means the schedules to the Agreement;
Termination Date means the last day of the Term
Term means the Initial Term and any Extension Period;
Security means
I. Cash
II. Retention moneys
III. Lien
Interpretation
In this Agreement:
a) All headings are inserted for convenience of reference only and shall be ignored in the interpretation for this Agreement;
b) Unless the context otherwise indicates:
i) References to a clause shall be construed as references to a clause of this Agreement;
ii) Words importing the singular shall include the plural and vice versa, words importing a gender shall include other genders and vice versa and references to individual. Shall include a firm, body corporate or association (whether incorporated or not);
iii) “including” and similar words are not words of limitation;
iv) Prices are in Australian Dollars and payments must be made in that currency
v) An amendment to the Agreement is not effective unless it is in writing and signed by the parties; and
vi) If any term in the Agreement is unenforceable, illegal or void, then it is severed and the rest of the Agreement remains in force
2) PROPERTY
a) The Agistor agrees to agist the Agistee’s Horse in a paddock. The paddock may be shared with other horses. b) A shared area in a shed on the property will also be provided for necessary equine gear/hard feed. The area in the shed is shared with other Agistees and the Agistor takes no responsibility for any item stored in the shared shed.
3) TERM
a) The agistment commences on the date listed in Schedule 1-1
b) The Agistment terminates on the date listed in Schedule 1-2
c) The Term may be extended with the written agreement of both parties for a Further Term as detailed in Schedule 1-3
4) PAYMENT
a) The Agistee agrees to pay the Agistor the fee per horse detailed in Schedule 1-4. b) The Agistee agrees to pay the fee fortnightly in advance until the end of the Term or Extension Period if the lease is extended. c) The Agistee will pay to the Agistor’s nominated Bank Account detailed in Schedule 1-5
d) The Agistor will provide a receipt to the Agistee if agistment fee payments are made in cash. e) In the event Veterinary services for the horse are provided at the discretion of the Agistor in consultation with the Agistor’s veterinarian. The owner will pay all veterinary and other charges incurred while the horse is at the Property. f) The Agistee grants the Agistor a Lein over the horse for payment of the agistment fees and all other charges and expenses which the Agistee must pay under this agreement. The Agistee may not remove the horse from this property nor equine gear while any part of this Agreement IS NOT fulfilled. i) The Agistor may sell the horse and/or equine gear to recover any monies unpaid for 30 days after the Agistor has issued the account. ii) The Agistee irrevocably grants the Agistor the Agistee’s Power of Attorney to sell the horse and equine gear as well as sign all transfers and other documents and do everything necessary to effect and complete the sale and to receive the purchase price and credit it towards the costs of sale and all monies owning.
5) SECURITY
a) The Agistee must provide Security in accordance with the Schedule 1-6. b) The Agistor has recourse to the Security where:
i) The Agistee is in default or breach of the Agreement;
ii) The Agistee has repudiated or given notice of an intention to repudiate the Agreement; or
iii) The Agistee is otherwise indebted to the Agistor and the Agistor remains unpaid after 5 business days has elapsed. iv) In the event the Agistee is still indebted to the Agistor following the use of the Security funds, the Agistor is entitled to establish a Lien over the horse and gear at the Property. (1) The Agistor may dispose of the horse and gear at their discretion and use the funds, and any costs associated with the disposal to satisfy the debt. (2) Any funds remaining will be returned to the Agistee.
6) GENERAL
a) The agisted horse and associated gear are agisted or stored at the Agistee’s risk at all times. b) The Agistee’s is responsible to provide for all necessary insurances for the horse/s and any associated gear, against all risks while they are at the Property. c) The Agistor shall not be responsible for any disease, accident, illness or injury howsoever caused or arising to the horse/s whilst at this agistment property. d) The agistment is provided on a shared basis, whereby another Agistee’s horse may be allocated to the same paddock as this Agistee. In good faith, the Agistor will allocate Paddocks to horses that are compatible with the Agistee’s horse. In the event the horses are incompatible the Agistor will seek to find an alternative Paddock on the Property. In the event this is not possible, the Agreement will be terminated. e) In the event the Agistor identifies that the Agistee’s horse is injured or unwell, the Agistor will first attempt to contact the owner and advise the owner of the issue. In the event the owner is not contactable or does not respond, the Agistor will contact a veterinarian to provide care. In this situation, the Agistee will be responsible for settlement of the Veterinarian’s invoice.
7) OBLIGATIONS
a) The Agistor will
i) ensure the paddock(s) are adequately with fenced. ii) supply water to paddock(s). iii) carry out general repairs and maintenance as required. iv) Provide space in storage shed for equine gear to a maximum of 4m2. b) The Agistee agrees
i) not leave rubbish on property. If rubbish left by Agistee on premises, Agistor will remove said rubbish and bill Agistee accordingly. ii) to provide all equipment for feeding and maintaining the horse. iii) to notify the Agistor of the need for any repair or maintenance should the need arise. iv) the Agistee’s horse worming to be viewed by Agistor on required day to keep worming cycle the same as other horses on the property. v) on arrival to property, Agistor must witness Agistee’s horse/s being wormed. (1) In the event the Agistee fails to provide horse wormer within future time of worming due. Agistor will provide wormer and bill wormer to Agistee. vi) provide all necessary Hay and other feed supply. (1) That in the event the Agistee fails to provide adequate food for the horse/s for more than 48 hours, the Agistor will attempt to contact the owner to supply adequate feed for the horse. In the event the Agistee fails to provide adequate feed, the Agistor will notify the R.S.P.C.A. and supply the owners’ name address and details. vii) to leave all gates closed and secured. viii) to be responsible for the actions of all people associated with the Agistee whilst on the Property, including but not limited to friends, handlers, contractors, veterinarians and family members. ix) the property will not be used for anything other than agistment purposes. x) not to cause or permit a nuisance to be made on or from the property. xi) the Agistee’s associates/Riders/Handlers/friends and contractors under 18 years of age to be supervised at all times by a responsible adult whilst on the Agistor’s property.
8) DISPUTE RESOLUTION
a) In the event a dispute arises under or about this Agreement each party must try and resolve any such dispute in good faith in accordance with this Clause. Neither party may commence legal proceedings unless and until this clause has been observed. b) Should a dispute arise regarding the non-performance by either party of any part of this Agreement, the following process to resolve the dispute shall be followed:
i) The aggrieved party shall notify the other party of the breach in writing and suggest a remedy for the breach;
ii) The other party shall respond to the aggrieved party’s correspondence within 5 business days;
iii) Should the dispute remain unresolved, the parties shall meet at the property and in an attempt to informally resolve the dispute;
iv) Should the dispute remain unresolved after the occurrence of the meeting , the parties may see to resolve the dispute through either expert determination in accordance with the Institute of Arbitrators and Mediators Australia Expert Determination Rules or a court of competent jurisdiction. c) The parties further agree that any information or document prepared for the purposes of a mediation held pursuant to Cause 8 must be kept confidential by the parties and may not be used except to attempt to settle the dispute. d) Nothing herein shall prejudice the right of a party to institute proceedings to enforce payment due under the Agreement or to see injunctive or urgent declaratory relief.
9) FORCE MAJEURE
a) If the performance of the Agistor’s obligations under this Agreement are or will be affected by a Force Majeure Event, the Agistor may give the Agistee a notice detailing:
i) The nature and extent of the Force Majeure Event; and
ii) The effect the Force Majeure Event has on those obligations. b) If the Agistor gives a notice pursuant ot clause 9 then:
i) The Agistor’s obligations t carry out the Services under this Agreement will be suspended, to the extent that the Force Majeure Event prevents or delays the Agistor’s performance of those obligations. ii) Unless otherwise agreed in writing between the parties, the Services that would otherwise have been performed during the period of suspension are deemed to be deleted from the Agreement and the Agistor is not required to perform those Services and the Agistee is not liable to pay for those Services. c) The Agistor must promptly after that Force Majeure Event ceases to prevent or delay its performance of obligations which are suspended pursuant to Clause 9:
i) Notify the Agistee in writing; and
ii) Resume the performance of those obligations.
10) TERMINATION
a) If the Agistment Agreement is for a non-fixed period either the Agistee or Agistor may terminate the Agreement with 2 weeks’ notice in writing. b) The Agistee or the Agistor may terminate the lease if the Agistor has breached any obligation of the Agistment Agreement. AND all steps in Clause 8 – Dispute Resolution have been satisfied. i) If the Agistee wishes to terminate the Agistment Agreement they must serve a notice to terminate upon the Agistor, giving at least 14 days’ notice, before vacation of the property. c) The Agreement will terminate on the Termination Date detailed in Schedule 1-2. Unless, the Agistor and the Agistee agree to the Extension Period detailed in Schedule 1-3. Agreement to the Extension Period is at the sole discretion of the Agistor.
11) NOTICE TO VACATE BY THE AGISTOR
a) The Agistor may serve a notice if the Agistee has breached any obligation of the Agistment Agreement
b) The Agistor may serve notice to vacate upon the Agistee if the Agistment Agreement is due to expire or has expired. i) A notice to vacate must give the Agistee at least 14 days notice in advance
(1) If the notice to vacate is served on the grounds that the Agistee has breached an obligation of the Agistment Agreement, the Agistee may remedy that breach within 14 days, and the notice to vacate ceases to have effect.
12) Governing Law
a) This Agreement will be governed by the laws of New South Wales. EXECUTED as an agreement
EXECUTED for and on behalf of
Name ______________________________________
Authorised representative ___________________________________ (either to sign)
Name ______________________________________
Date _____________________________
EXECUTED for and on behalf of
Agistee
Authorised representative ___________________________________
Name ______________________________________
Date _____________________________
Schedule 1 – Agreement Particulars
1 Commencement Date
2 Termination Date
3 Extension Period
4 Weekly Fee
5 Nominated Bank Details ANZ
BSB
Account
6 Security 4 by Weekly Fee
(Identification verification Document) __________________________________________________
(emergency contact name) ____________________ (mobile) _______________________________
Schedule 2
Horse Details
Name
Gender
Age
Colouring
Markings
Brands left side
Brands right side
Veterinarian Name and Contact details
Vaccination details
Worming Details
