4 Quarter Cow Horses Training Contract

4 QUARTER COW HORSES TRAINING CONTRACT

This equine service contract dated the ______day of ______, 20___ is made and entered into between Jennifer Springston, 4 Quarter Cow Horses (hereafter, “Farm”) 60833 Tygh Ridge Road, Dufur OR 97021 (physical address of facility 63710 Fargher Rd, Dufur OR 97021) 541-417-0253, and Client:

Name: ______Address (mailing & physical):______City/State/Zip: ______Home Phone: ______Work Phone: ______Cell Phone: ______Email Address: ______

Emergency Contact Name & Phone Number: ______

1. Horse: This contract pertains to the following horse(s) (hereafter, “horse(s)”):

Registered Name of Horse: ______Registration #: ______Registration Association: ______Barn Name of Horse: ______DOB: ______Sex: ______Color: ______Identifying markings including brands or scars: ______

Insurance Co.:______Policy #______Insurance Co. Phone Number ______

SPECIAL INSTRUCTIONS: ______

2. Ownership of Horse: (choose one)

Has full title and registration (copy attached) YES NO

Leases the horse (copy attached) YES NO

Manages horse (copy of agreement) YES NO

Purchased horse on installment contract YES NO With full payment due ____/_____ / _____ Title and registration currently held by:

NAME: ______Address:______

City/State/Zip: ______Phone: ______

3. Fees and Terms In consideration for a NON REFUNDABLE fee of $ 700_per month (unless otherwise agreed upon) (for changes, or considerations, please see “amendment page), due on the ______day of each month. This fee includes training of horse, feed (including hay, Haystack feed and ExcelEQ), and general maintenance of the horse, feeding, water, and cleaning stall or corral. This fee DOES NOT include the cost of farrier, vaccinations, worming, or veterinarian care while in the care of The Farm. The Farm will send the Client a bill two weeks in advance each month. There will be a $15 per day late fee for each day payment is late past FIVE days of non-payment. After 45 days of non-payment for feed, training, vet care, hauling expenses etc. a lien will take effect in which the FARM has the right to sell the horse to recoup lost costs. 15 days written notice will be sent via certified mail to the OWNER before lien takes full effect. Payment is due when horse is dropped off and the horse may not leave the Farm property until the bill is paid up to date. A) **To ensure that above mentioned horse is guaranteed adequate training time, 4 Quarter Cow Horses only accepts 6 horses in training at one time. To prevent overbooking and to ensure each client receives a spot in the “barn” we require a $200 deposit which will be credited towards the first month of training, due upon execution of this contract**

4. Show Fees and Terms A) Horses are worked 5-6 days per week with the exception of while trainer is gone at a horse show. Client understands that The Trainer attends various horse shows throughout the season and any horses NOT attending the horse shows will not be worked during that time. The Farm agrees that any horses in training at 4 Quarter Performance Horses that DO NOT attend horse shows, will continue to receive adequate feed and care in the Trainers absence.

B) Show Fees: Client is responsible for a fee of $150 per horse/per show, hereinafter referred to as “Show Fee”. For shows longer than 3 days, a $450 show fee will apply. Show Fee includes bathing, banding, clipping, showing, feeding, stall cleaning and any extra care said horse requires. Client is also solely responsible for all entry fees for any horse owned by the client that will be attending the show. A fee of $0.50 per mile for hauling will be applied while hauling to any horse shows. All fees, EXCEPT the Show Fee, will be equally split between all clients attending the horse show, including, but not limited to, RV Spot, Tack Stall, and mileage. C) Show Winnings: The client agrees to split any money won on a horse they own at a show with the Trainer, 15% to the trainer. Any other awards won on a horse owned by the client, including buckles, saddles, halters, etc., will be not be split with the Trainer.

A) STALLIONS: Any stallions coming to the Farm for training will have a NON REFUNDABLE flat rate of $800 per month. The fee DOES NOT include farrier, vet, vaccinations, and worming. If the owner wishes to leave the stallion to stand at the Farm for the breeding season, the Farm gets 10% of the set stud fee for each mare bred. If the Owner wishes to have the stallion hauled to a veterinarian to be collected for shipped semen, there is a $0.56 per mile round trip fee. All shipping and collection fees will be billed directly to the Client by the collecting veterinarian. B) ALL horses are required to stay for NINETY (90) days MINIMUM for training. **If owner chooses to opt out of the 90 day requirement, owner understands the risks involved in training young horses, owner agrees that they will in no way hold 4 Quarter Cow Horses or Jennifer Springston responsible for any injury, or issues that may arise after less than 90 days training.** Signature: ______

4. Sales: In the event the Trainer assists in the sale of owners horse, Trainer shall receive 10% of the gross sale proceeds to be paid at the earlier of the transfer of ownership or sale of said horse.

5. Care and Maintenance: The Farm will provide reasonable conditions and facilities, proper feed, sufficient water and adequate shelter as required; in a manner consistent with good horsemanship in the state of Oregon, during the term of this contract. If Client’s horse has special requirements, they are to be fully detailed in the attached Horse Information Sheet.

6. Vaccinations/Health: Client warrants that the horse is free from all communicable diseases upon delivery to the Farm. On or prior to arrival at the Farm, Client shall provide a record of current vaccinations for the following: Equine Influenza, Rhinopneumonitis, Tetanus, Eastern/Western Encephalitis, Strangles (Strep), Potomac Horse Fever and West Nile Virus. A current negative coggins will also be provided upon arrival. If the horse arrives without record of such vaccinations, the Farm may, at its option, either not accept the horse or will provide vaccinations and any necessary tests at the Client’s expense. Client warrants that to the best of their knowledge the horse is free from any condition that could adversely affect their ability to receive the full benefit of the service program selected.

7. Veterinary Care: The Farm is authorized to maintain and provide vaccinations, deworming and other veterinary needs, including emergency surgery, at its discretion, and at client’s expense. Veterinary expenses will be billed directly to the client by the farm veterinarian. a. Primary Veterinarian for The Farm: Name & Address: Columbia Veterinary Hospital 1000 E Broadway St City/State: The Dalles, OR 97058 Phone: (541) 296-5059 b. Secondary Veterinarian for The Farm: Name & Address: Mid-Columbia Veterinary Clinic 417 E Broadway St City/State: Goldendale, WA 98620 Phone: (509) 773-4363 8. Farrier Care: The Farm is authorized to maintain and provide necessary farrier care, including shoeing, trimming and any corrective work, at its discretion, and at client’s expense. Farrier expenses will be billed to the client by the Farm. Horses in long term training will be on a schedule with The Farm’s farrier to be trimmed or shod (whichever is discussed and necessary) every six to seven weeks. The client also understands that The Farms farrier reserves the right to refuse service to any unruly or dangerous horses until said horse is safe for all parties to handle. a. Primary Farrier for The Farm: Name: Senger Farrier Service, LLC, Steve Senger Phone: (503) 593-9985

9. Use of Facilities: Client is not entitled to use any of the Farm’s facilities or equipment without the prior consent of the Farm.

10. Release of Horse: Client agrees that all outstanding balances due for board, training, veterinarian care, farrier work and other fees, charges and expenses incurred pursuant to this contract shall be paid prior to Farm releasing the horse. Client shall make arrangements with Farm for the horse’s release at least 5 (five) days in advance. Client is solely responsible for determining whether the horse is sufficiently healthy to be moved and for obtaining any necessary blood tests, vaccinations and health certificates. Upon commencement of loading of the horse for shipping or transport, Client agrees to assume full responsibility and liability for the horse’s health, soundness, transportation and care

11. Acceptance of Horse: This contract is not effective until approved and executed by the Farm, which reserves the right to reject any horse at its sole discretion, and to return any unruly horse at Client’s expense.

12. Assignability: Client may not assign any rights or delegate any duties under this contract without prior consent of the Farm.

13. Termination of Service: The Farm may, without cause, terminate any service program provided or intended to be provided by the Farm under this agreement by notifying Client at least 15 (fifteen) days prior to the termination date.

14. Term of Contract: This contract shall continue in full force and effect until terminated by either party.

15. Termination of Contract: A. Termination without cause: Each party is entitled to terminate this contract without cause by notifying the other party in writing at 10 (ten) days prior to the desired termination date. Notwithstanding any such termination, all fees shall be due and payable with regard to services performed prior to the termination date. B. Termination with cause: Each party is entitled to terminate this contract by written notice to the other party if the other party breaches or is in default of any obligation under the contract, which breach or default is incapable of cure or which, being capable of cure, has not been cured within 10 (ten) days after receipt of written notice of such breach or default.

16. Limitation of Liability/Indemnification: A) In the performance of its services under this contract, the Farm shall be an independent contractor, acting in its own behalf, and shall have no authority to act in any other capacity and shall not be deemed an agent of Client, and shall not be responsible for the performance of any services, except as expressly set forth in this agreement. The Farm and its subsidiaries, owners, officers, independent contractors, guests, agents and employees shall not be liable for any sickness, disease, theft, death or injury that may be suffered by the hose while on the farm, not any loss, damages or injury arising out of or connected with boarding, conditioning, training, transporting or other services pursuant to this contract. Client fully understands and assumes the special risks inherent in conditioning, training, handling, riding, boarding and transporting horses. Client acknowledges that mortality and other insurance is available, and that it is Client’s sole responsibility to obtain any desired coverage. The Farm shall not be liable for any personal injury or disability which the client or their agents, representatives or family may receive while on the farm’s property or due to the farm’s equipment. Client agrees to indemnify and hold harmless the Farm from any claim related to damages, illness or injury caused by the horse, and from any claim by a buyer of the horse. Client further agrees to reimburse the Farm for damages to any of the Farm’s facilities or equipment which is caused by the horse. Client agrees to pay all expenses and attorney’s fees incurred by the Farm in defending such claims. B) 4 Quarter Performance Horses agrees to, in no way, hold the Client and its subsidiaries responsible for any special risks inherent in conditioning, training, handling, riding, boarding and transporting horses. 4 Quarter Performance Horses accepts all risk involved in conditioning, training, handling, riding and boarding horses.

17. Exclusivity: Nothing in this agreement limit’s the right of the Farm to sell any of its services to any other person or entity, and it is anticipated that the Farm will continue to offer its services to such persons or entities even though these serviced are similar to the services provided to the Client.

18. Notices: All notices, requests and consents required or permitted by this contract shall be in writing and hand delivered personally or sent by registered or certified mail to the appropriate address specified, or such other addresses as the sender has been notified in writing.

19. Entire Agreement; Construction, Jurisdiction, Attorneys’ Fees: This contract contains the entire understanding of the parties concerning the subject matter, and may be modified only in writing. Headings and titles are for convenience only and shall not influence and construction or interpretation of this contract. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the remainder. This contract shall be interpreted and construed by the laws of the state of Oregon. At the Farm’s option, jurisdiction and venue for all disputes connected with this contract shall be Wasco County, Oregon. This contract shall be binding upon the heirs, assigns, executors and administrators of the respective parties. If a lawsuit is filed, or counsel is retained to enforce the provisions of this contract, the prevailing party shall be entitled to collect all reasonable attorneys’ fees and costs. 4 Quarter Cow Horses Training Contract Amendments

Any changes, exclusions, additions and additional agreements, including trades, or discounts, will be listed here:

______. Signature of Jennifer Springston (4 Quarter Performance Horses)

______Date

______. Signature of Client.

______Date