Training Agreement
This agreement is entered into the _____ day of __________, _________, by and between_____________________________, herein¬after referred to as "OWNER", and _M.Cheri McCann_, hereinafter referred to as "TRAINER".
Whereas, Owner owns/leases the below described horse and desires Trainer to train said horse for the purposes set forth herein; and,
Whereas, the parties desire to agree on the terms and conditions of such training.
Now, therefore, it is hereby agreed as follows:
1. Description and delivery of horse:
Owner agrees to deliver, on or about ______________________________, the following described horse to trainer with the horse wormed within the last 8 weeks and with a copy of a current (within one (1) year) negative coggins test:
Name: Age: Color: Sex: Registery:
________________________________________________________________________________
2. Payment for training:
Owner agrees to pay Trainer the sum of $450.00 per month (a daily pro rata basis of $15.00 per day to include the first day but not to include the last day for partial months) per horse trained subject to the terms and conditions hereof. Said charge shall be payable on or before the first of each month and any payment not received by Trainer by the fifteenth of each month shall have an additional THIRTY DOLLAR ($30.00) handling charge shall be added to the monthly charge. Further, if payment is not received for a total of three months, (A total of three payments due for three months.) Trainer may consider the horse described to be abandoned and may sell said horse by private sale or auction for the fees due with any money received.
over the amount due the Trainer to be returned to the Owner if Owner can be
contacted.
3. Duties of Trainer:
Trainer agrees to perform the following in a manner consistent with industry practices: Horse will be used for pleasure riding/showing, English/Western/Park/ Reining/Trail, Adult/Child, Beginner/Intermediate/Advanced,
Start, stop, turn, walk, trot, and canter smoothly and consistently. Trainer to
provide 5(five) one hour riding lessons for Owner or designee at no extra cost to
ensure consistent communication between Owner and horse at end of training.
4. Expenses:
Owner shall bear all costs of transportation incidental to the purposes of
this agreement, including, but not limited to, veterinary and medical costs,
entry fees, special equipment needed on an emergency basis that the Trainer may
deem necessary to the proper showing and care of Owner's horse; however, such
expenses shall not exceed _______ without Owner's prior approval. Payment terms
shall be in accordance with paragraph 2 above.
5. Accounting and Billing by Trainer:
Trainer shall pay all expenses referred to in Paragraph 4, keep an accurate
account thereof, and bill Owner for the same at the end of each month. If Owner
fails to reimburse Trainer for such expenses when payable, Trainer is authorized
to deduct an amount equal to such expenses from Owner's account, if any, held by
Trainer from show winnings, or any other source.
6. Other Compensation to Trainer and Rider:
In the event Owner's horse wins a class with prize money entered and shown
by the Trainer or an authorized rider, Owner shall pay Trainer (10%) of said
prize money, which amount is to be paid to Trainer over and above any other
compensation provided for herein. Trainer shall have no right to any other prize
money or awards such as tack, trophies, or other incentives.
7. Term and Termination of Agreement:
The term of this agreement shall be for __3__ months, commencing on
_______________, and terminating on _____________________________,(or can be on a
month-to-month basis), or upon three (3) day's written notice to the other party
and a final accounting thereto based on a daily pro rata basis shall be prepared
by Trainer and any amounts due shall be paid by Owner within five (5) days,
provided all funds owing to Trainer shall be paid prior to Owner taking
possession of said horse.
8. Board and Feed:
Trainer shall provide the care and feed to maintain the horse in the sound
condition in which it is received and or which is reasonable for the training
provided. Daily wormer or other supplements owner chooses to provide will be fed solely to their horse.
9. Insurance and Indemnification:
Owner should provide trainer with information necessary in the case the horse is insured to meet the terms of the insurance held. Trainer shall carry no care, custody and control insurance on the horse listed above. Owner is not to be held responsable for any injury to Trainer occured for the training of the listed horse. Trainer shall use due care to insure the horse is not injured by said training.
10. Authority to Obtain Veterinary and Farrier Care:
Owner hereby authorizes Trainer to obtain all necessary emergency veterinary
and non-emergency farrier care to maintain said animal in good health. All other
non-emergency care needs shall be first approved by Owner unless otherwise
authorized hereunder. Owner shall pay all such veterinian and farrier services
in accordance with paragraph 4, 5 and 6 above.
11. Binding Effect on Successors/Attorney Fees: Law
This agreement shall be binding upon the assigns, heirs, executors and administrators of the respective parties. Should either party breach this agreement, the breaching party agrees to pay the other's reasonable attorney fees and court costs related to such breach.
This agreement shall be interpreted and construed in accordance with the
laws of the State of Florida.
12. Preferred Veterinary/Farrier:
Veterinary:______________________________________________
Farrier (with/without shoes):____________________________
Owner:________________________________
M.Cheri McCann
300 Dogwood Dr.
Pensacola, Fla 32505
(850)453-9560, cell (850)207-6304