Owner (Lessor)
Lessee
Owner shall provide Lessee with a current veterinarian certificate stating the horse's condition at commencement. Lessee shall, at termination, provide Owner with a veterinarian certificate evidencing that the horse is in a similar condition, reasonable wear and aging excepted.
The horse shall be kept and cared for at Lessee's sole expense from the commencement date through termination in accordance with this Agreement.
If the horse is not re-leased or purchased within 30 days of lease expiration, Owner reserves the right to allow potential buyers or lessees to trial the horse at Lessee's facility upon reasonable advance notice.
Failure to timely return the horse shall result in liquidated damages of $.00 per day until the horse is returned to Owner's possession.
Lessee may not show or allow anyone else to show the horse in excess of these limits without Owner's prior written consent.
Only the following persons are authorized to ride the horse without prior written approval from Owner:
No lessons shall be given on the horse to anyone other than Lessee or immediate family without Owner's prior written consent.
Competition permitted in checked zones only:
Lessee shall not relocate the horse without Owner's prior written consent. Temporary stabling for shows shall not exceed 3 months without mutual written agreement.
Lessee shall not pledge, lend, sublease, create a security interest in, or otherwise transfer possession of the horse without Owner's prior written permission. This Agreement is not assignable by either party without the other's prior written consent.
Lessee assumes full responsibility for the horse's daily care at Lessee's sole expense, consistent with the degree of care customary to horses actively trained and shown on the "A"-rated USEF sanctioned circuit, including: daily turnout, stall, proper feed and water, farrier care, grooming, training, semi-annual vaccinations, and exercise. All medications must be administered by a veterinarian or qualified equine professional. Lessee shall maintain protective leg bandages when the horse is shipped, ridden hard, or recovering from exertion.
Lessee shall notify Owner within 24 hours of any injury, illness, lameness, or veterinary treatment and shall promptly obtain emergency care when needed. Lessee is responsible for all veterinary costs during the lease term.
Owner, or Owner's veterinarian or agent, shall have the right to inspect the horse at any reasonable time upon advance notice to Lessee.
Lessee shall comply with all USEF rules and regulations to maintain the horse in good standing during the lease term and for one year following termination. If Lessee's failure to comply causes any suspension, claim, or damage to Owner, Lessee shall pay Owner all resulting damages including attorney's fees and lost revenues.
Lessee shall keep the horse free and clear of all liens, encumbrances, or claims. In the event any lien is filed through Lessee's actions, Lessee shall notify Owner promptly in writing and shall obtain full release within 30 days of such filing.
Lessee shall comply with all notification requirements under any insurance policies. If Lessee's failure to comply results in a disallowance of an insurance claim, Lessee shall make Owner whole for resulting losses.
Lessee is responsible for obtaining appropriate equine liability insurance covering use of the horse during the lease term.
Lessee assumes all risk associated with the care, use, and riding of the horse during the lease term.
In the event of the horse's death or permanent disability, the lease terminates immediately. Lessee shall notify Owner immediately. If mortality insurance is in force, Owner shall accept the insurance amount as adequate compensation and hold no further claims against Lessee arising solely from the horse's death. No refund of the lease fee shall be issued unless the death or disability is directly caused by Owner's negligence.
If the horse sustains injury or loss in value as a result of Lessee's negligence or failure to provide adequate care, Lessee shall be liable to Owner for reasonable veterinary costs and any resulting diminution in the horse's market value.
This lease expires on the termination date in Section 3. Lessee shall return the horse in the same condition as received, reasonable wear and aging excepted.
Lessee at Lessee's expense is responsible for returning the horse to Owner at Owner's designated location. All transportation arrangements must be approved in writing by Owner. If Owner re-leases the horse to another lessee at the current Lessee's facility, Lessee shall not be obligated to transport the horse to Owner's residence.
Lessee may terminate early upon 30 days' written notice. The lease fee is non-refundable. Lessee remains responsible for all care costs through the date of return.
Owner may terminate immediately upon written notice if Lessee breaches any material term. Lessee shall return the horse within 72 hours of notice.
If Lessee breaches any term and such breach continues for 30 days after written notice from Owner, it shall constitute an Event of Default. Owner may then pursue any remedy permitted by law or equity and recover attorney's fees and costs. This Agreement shall automatically terminate if Lessee becomes bankrupt or insolvent.
If Owner materially defaults, Lessee shall provide written notice. If Owner has not cured such default within 30 days, Lessee may terminate and receive a prorated refund for remaining days on the Agreement.
If Lessee exercises the option to purchase, a separate Bill of Sale shall be executed through the Haltered platform, subject to the standard 10% seller commission per Haltered's platform terms.
Owner covenants, represents, and warrants: (a) Owner has good and marketable title to the horse, free and clear of all liens, pledges, and encumbrances; (b) to the best of Owner's knowledge, the horse is sound and in good health at commencement; (c) the horse is registered and in good standing with the USEF; (d) this Agreement does not violate any existing contract to which Owner is a party.
Lessee covenants and warrants: (a) Lessee shall use the horse for riding and showing purposes only, in compliance with all laws and USEF regulations; (b) Lessee has authority to execute this Agreement; (c) Lessee shall keep the horse insured and lien-free as required; (d) Lessee shall pay all taxes and governmental charges levied upon the leasehold interest created by this Agreement.
Lessee shall indemnify Owner and hold Owner harmless from any and all liabilities, demands, losses, claims, and damages of any kind arising out of or attributable to Lessee's obligations, representations, and warranties under this Agreement, including reasonable attorney's fees. This obligation survives termination.
Following the term, Owner shall indemnify Lessee and hold Lessee harmless from liabilities attributable to Owner's obligations and warranties under this Agreement, including reasonable attorney's fees, and for any liabilities arising from injury or death of the horse after Owner's acceptance of the end-of-lease veterinarian certificate.
Haltered is not a party to this lease. Haltered operates as a marketplace platform and payment processor only. The Lease Fee includes a 10% listing commission, split equally between the listing barn (5%) and Haltered (5%). The Lessee pays the Lease Fee only — there are no additional fees or commissions charged to the Lessee. All representations, warranties, and obligations are solely between Owner and Lessee.
This Agreement shall be governed by the laws of the State of Arizona, without regard to conflict of law provisions.
Ownership of all rights, title, and interest in the horse shall at all times remain solely in Owner, subject only to the rights of use vested in Lessee by this Agreement.
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. No modification shall be valid unless in writing and signed by both parties.
All notices shall be sent by email to the addresses in Section 1, or by registered or certified mail. Email notice is deemed received upon confirmation of delivery.
This Agreement may be executed in multiple counterparts, each deemed an original. If any provision is found unenforceable, remaining provisions continue in full effect. No waiver of any breach shall be deemed a waiver of any subsequent breach. This Agreement is binding upon the parties and their respective successors and permitted assigns. Costs and reasonable attorney's fees shall be awarded to the prevailing party in any dispute arising under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below. By signing, each party acknowledges they have read, understood, and agree to all terms of this Agreement.
INSURANCE ACKNOWLEDGMENT — Both parties initial to acknowledge Lessee's mortality insurance obligation under Section 7.1.