A. Terms of this Agreement
1. This agreement is between a Client (you) and Equanimity Equestrian (Pty) Ltd (Equanimity Equestrian, The Center, we or us) for livery services offered for your Horse or Pony.
2. Equanimity Equestrian is constantly striving to improve our services to you and therefore we may amend this agreement. Continuing use of Equanimity Equestrian services constitute acceptance of the latest, version of this Agreement.
3. By signing this Agreement with Equanimity Equestrian for services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.
4. All clauses of this agreement are severable. If any clause in this agreement is for any reason unenforceable, or void at law, such clause shall be severed without voiding the remainder of the agreement.
5. This Agreement is personal to you and is not transferable.
B. Disclaimer and Limitation of Liability
1. Neither Equanimity Equestrian, its staff, grooms, instructors or other members accept responsibility for any loss, injury, or damage that the client, pupil or visitor or property of the client, pupil or visitor may sustain whilst engaged in any activity and the client, pupil or visitor waives any right to claim compensation against Equanimity Equestrian howsoever, whether as a result of negligence or otherwise.
2. Neither Equanimity Equestrian, its staff, grooms, instructors or other members accept responsibility for any loss, injury, or illness to the client’s horse or pony while kept at The Center, whether as a result of negligence or otherwise.
3. Without prejudice to the generality of the foregoing, the Center will not be responsible for any loss arising out of injury or damage to the Horse where the Customer has not notified the Center in writing of any requirements of the Horse.
4. No children under the age of 16 may be left at the Center without one parent, or under the supervision of an adult, without prior agreement in writing with the Center. The Center is unable to supervise such children other than during a Center activity e.g. a lesson.
5. Clients expressly agree that use of Equanimity Equestrian’s services and facilities are at the client’s sole risk.
6. Equanimity Equestrian reserves the right to refuse services.
7. Equanimity Equestrian shall not be bound by any oral warranty purported to be given by the Center or on behalf of the Center unless it is confirmed in writing by the Center.
8. By signing this Agreement with Equanimity Equestrian, you acknowledge that you have read and agree to Equanimity Equestrian’s Client Agreement and Indemnity (Including Yard Rules)
1. You agree to settle any charge invoiced to your account promptly and by the due date, unless otherwise agreed, and will present any queries relating to your invoice to firstname.lastname@example.org no later than 7 days after the date the invoice is issued
2. Equanimity Equestrian charges for service in advance and not in arrears.
3. If payment has not been received by your invoice due date, we will require payment via card or cash at your next tuition booking or visit to Equanimity Equestrian
4. Equanimity Equestrian retains the right to suspend any services provided in light of non-payment, and to withhold such services until all arrears are settled in full on any and all products and services.
5. If you are being provided with a discount of any nature for any service(s) provided by Equanimity Equestrian and you maintain an outstanding balance due for a period of 14 days or more, or are in breach of this agreement in any way, that all discounts applicable to your billing relationship with Equanimity Equestrian shall be terminated from your next invoice.
6. Payment for livery to be made in advance, extras such as feed supplements, shoeing, clipping, etc. in areas.
7. Basic livery must be paid in standing order. Any extras will be added to the monthly bill to be settled separately, or to the next invoice.
8.1 Customers failing to settle an account should note that the Center reserves the right to have a general lien on the Horse and all equipment kept at the Center. If full payment is not made within 14 days of written notice of warning, the Center reserves the right to dispose of the aforementioned to recover the outstanding debt, any balance, after costs, being returned to the Customer.
8.2 Should full payment not be made within 14 days of written notice of warning, the Center reserves the right to involve local law enforcement, or a local animal welfare society, in the removal of the animal from the premises. The Center is hereby indemnified of any and all consequences or costs of such action. The Center reserves the right to have a general lien on all equipment kept at the Center in this instance and may use, sell or dispose of such equipment as deemed fit in order to recover costs. The monetary balance of such sales shall be donated to the society responsible for disposing of the horse, at the Center’s discretion.
9. Monthly livery costs will be reviewed once every three months and may be adjusted at any time at the discretion of Equanimity Equestrian. Clients shall be given one month’s notice of any such changes.
10. Fees are available on our website, www.eqec.co.za and are subject to change without notice.
11. Upon signing this agreement, you agree to pay one month’s deposit, as well as the first month’s livery, or one month’s deposit and the ad hoc price as reflected on your first invoice. A key cutting fee is included in the first invoice. 50% of the initial deposit is refundable upon leaving the Center, subject to termination being undertaken amicably. Keys must be returned before leaving and may under no circumstances be copied.
1. Cancellation of any or all of your services must be made in writing and one calendar month’s notice is required.
2. Full payment for that month to be made whether or not the Horse remains at the Center for the duration. There will be no exceptions to this and signing of this contract confirms your acceptance of this clause.
3. A cancellation may not be processed if there is an outstanding invoice to be settled.
1. Equanimity Equestrian is not responsible for the insurance of the Horse or any other property of the Client. The Center strongly advises the Customer to ensure that adequate insurance is undertaken and that the policy covers any activities agreed as part of Livery services contracted. Riders are also recommended to insure themselves against personal accident and liability.
2. A copy of the client’s equine claim form is to be presented to the Center. In the event of an emergency, and failing the ability to contact the client, the Center reserves the right to send a horse to hospital, regardless of claim form specifications. All bills hereto shall be at cost of the client. The Center merely informs the Veterinary Practice of the client’s insurance company of choice and presents a claim form if possible.
F. Types and conditions of Livery
1. Stabled Livery
The provision of stabling and or grazing on a rental basis by the Center for remuneration. The care of the Horse to be undertaken by the Center. Special needs or instructions must be notified in writing to the Center. All costs are the responsibility of the Customer.
2. Outdoor livery
The provision of grazing on a rental basis by the Center for remuneration. The care of the Horse to be undertaken by the Center. Special needs or instructions must be notified in writing to the Center. All costs are the responsibility of the Customer.
3. No equine shall be allowed to fall under a body condition score of 2.5 or over a score of 4.5
4. The Center will decide which stable and or grazing will be allocated to the Horse. Where possible, the special needs and wishes of a Client will be accommodated.
5. The Client will obtain consent from Equanimity Equestrian before installing any fittings to the stable or paddock allocated. The Center will carry out all repairs and alterations. Any requirements should be written in the Jobs Book situated in the Yard Office. Damages caused by the Client’s Horse, over and above fair wear and tear, will be charged to the Client at cost.
6. Maintenance of grazing and fencing is the responsibility of the Center. Rotation of grazing and restriction of turn out will be at the discretion of the Center. Any damaged fencing or sighting of poisonous plants should be reported immediately.
7. Any excessive damage by any Horse (e.g. from crib biting the fences, crashing through fencing, repeated scratching on fences, etc.) will be charged to the Client.
A detailed description of the Horse, as well as a photograph is to be supplied by the Client including its age, condition and details of any pre-existing injury, any allergies, recent vaccinations, latest dental and farrier visits and the Horse’s likes/ dislikes. An approved passport, a list of any tack and equipment kept at the yard, as well as a single blank insurance claim form and all relevant insurance documentation must be supplied to the Center
Tuition is available at the Center. Costs are periodically updated and available on the Center’s website. With prior consent of the Center, external instructors may be permitted for the coaching of residence Clients. External instructors teaching residents and/ or non residents (Customers who do not keep their equine/s in livery with the Center), will be charged R100 per hour for the use of the grounds. No activities on offer by the Center (livery, trails, lessons, schooling, backing, etc) may be offered by Clients or Service Providers on Equanimity grounds unless by prior arrangement and written consent of the Center.
The Client may employ a Veterinary Surgeon of their choice. The name, address and telephone number of such vet must be supplied to the Center along with an emergency telephone number. In the event of an emergency, the Veterinary Practice used by the Center will be summoned. The Center reserves the right to contract the vet at their discretion, the cost of the visit and subsequent treatment to be the responsibility of the Client. All vet costs will be paid direct by the Client, the Center will not pay vet bills directly. By signing this agreement, the Client agrees to allow euthanasia on veterinary advice in an emergency if the owner cannot be reached. The veterinary practitioner will be allowed access to the Center for non emergency treatment at any reasonable time of the day and at any time in an emergency. If staff or owners of Equanimity Equestrian are available, they must be informed of any such visit in advance. The Center reserves the right to deworm all Horses in its care as it sees fit. Deworming costs shall be routinely added to the Client’s account. It is the responsibility of the Client to ensure that their animals are inoculated annually. Systematic checks will be done in this regard.
The Client is responsible for the care and cost of the Horse’s shoeing and trimming needs and may employ a Farrier of their choice. Recommendations can be made in this regard, on a case to case basis, if necessary.
The Center undertakes to ensure that all equines are routinely checked for needed dental work and treated if necessary, twice a year. Costs incurred due to check-ups and treatments will be billed directly to the client by the Dental Technician.
The Center will provide these requirements, the choice within reason will be at the discretion of the Client. These costs will be added to the Client’s monthly account. The Center reserves the right to adjust feed amounts as necessary for the wellbeing of the horse. Special feed items – supplements, vitamins, feeds bought especially for Customer’s equine and no others, etc. will also be billed to the Client. The Center endeavours to discuss changes in feed with each client in order to reach the best possible choice for each individual horse. The Client hereby acknowledges and accepts that prices on feeds vary greatly depending on availability, market prices, inflation-based adjustments, price of raw materials and price of transport. By signing this agreement, the Client accepts that although the Center aims to provide the highest quality feed for the lowest possible prices, the Center’s preference is to hold quality in higher esteem than affordability and when given the choice, the Center would prefer not to compromise on the quality of feed unless absolutely unavoidable.
All Stabled Livery Horses at the Center are on shavings, wood chips, straw, or Happy Horse Co Cocopeat Bedding, this at the discretion of the Center. Monthly livery includes a set amount of bedding per week. Extra or specialised bedding (e.g. for set-up, client choice, excessive wetting by the Horse, in order to prevent allergic reactions, in order to reduce stable galls, etc.) will be charged and MUST be purchased from the Center at the current market price.
N. Client’s Equipment
The Center can take no responsibility for Clients equipment. Tack and equipment may be stored and locked in the feed room, tack room or office provided.
All clients are requested to report any suspicious persons to note and to report to a member of staff any number plates belonging to unidentified vehicles, providing the Center with photographs of such persons or vehicles if possible. It is assumed that there is no supervision at the yard although the Owner of the farm lives on site and the yard has access to a CCTV system. Identification of suspicious parties is of paramount importance in order to keep the local farm watch and authorities abreast of possible dangers.
P. Safety, Fire, First Aid, Health and Safety
1. No climbing on machinery, tools, bedding, fencing, walls, gates, roofs, or forage is permitted
2. First aid equipment is available in the office and in the feed room. Clients are encouraged to stock their own first aid set.
3. Refer to the Client Agreement and Indemnity (Including Yard Rules) for updates
The Owners of the property do not wish to be woken at unreasonable hours. We ask that you only visit between the hours 7am and 8:30pm. Any special arrangements for visits outside these hours must be by prior arrangement with Equanimity Equestrian. Ensure that you switch off all lights when leaving the yard, especially arena lights. Should you, by prior arrangement, visit after 08:30pm, ensure that you try to be as quiet as possible, so as not to disturb the other farm residents.
By signing this Agreement, I, the Client, acknowledge that I/we understand the terms of this Agreement and agree to abide by it. Failure to abide by this Livery Agreement or Client Agreement and Indemnity (Including Yard Rules) will lead to immediate eviction from Equanimity Equestrian without refund.
If any signatory to the above Agreement is under 21 years of age, then the following addition shall be made.
In my capacity of parent/guardian/custodian hereby consent to the participation of my child/foster child/adopted child in any form of activity at Equanimity Equestrian and utilization of the facilities. I acknowledge that I have read, understand, and consent to this Agreement. I hereby acknowledge that I am fully conversant with, and hereby assume the risks, dangers, and perils of horse riding, and interacting with horses.
|Signed at _______________________________ on this ______ day of _________ (month), 20_____|
|Signature of Client/Parent/Guardian/Custodian||Full Name|
|Contact Number||Email Address|