Download livery agreement - The College of West Anglia

LIVERY YARD AGREEMENTThis agreement is made on the ............................................ (date) between the parties CWAEnterprises/Cambridgeshire Horse Sport Academy (hereafter referred to as the PROPRIETOR) and......................................................................................................................................................................................................................................................................................................................................................................................(insert name, address, emergency phone number and email address)(hereafter known as the HORSE OWNER). The HORSE OWNER for this document is the individualaccepting responsibility for the payment for the HORSE; it may not necessarily be the actual owner.This is reflected in comments in paragraph 4.This agreement relates to livery services as provided for.................................................................................................................................. (insert horse name followed by description, size andweight) (hereafter referred to as the HORSE). The owner confirms that the horse is passportedthrough............................................................ (insert passport authority) and has the unique equinereference number .......................................................The horse is to be on a........................................................ (Insert type of livery basis) at theCambridge Campus yard for the agreed sum of .................... per week for the remainder of the yearup until July 31 st 20__ (The Livery year is an annual contract running for the full or part of periodfrom August 1 st to July 31 st ). The livery fee is payable by the HORSE OWNER to the PROPRIETOR inadvance by the first of every month.The yard shall at all times during the term provide the services in an efficient and professionalmanner which meets the welfare needs of the horse and in so doing will exercise all the skill, careand diligence that might be expected of a competent and properly qualified livery yard. During theterm the yard will keep appropriate records of all acts and work done by it in relation to the servicesand at the request of the owner, the yard shall make them available for inspection and/or providecopies to the owner. On arriving to the yard all horses will be photographed to reflect their healthand status at that point.The horse will not be worked for more than [ ] hours weekly, and shall not carry more than [ ]kg. Depending on the nature of the livery agreement as outlined above this will be the targetwork load.(1) The PROPRIETOR will provide an annual schedule of costs and yard plans for HORSEOWNERS which will be issued in July for the following contract year.(2) Under the terms and services of the livery type, responsibilities of the following care of thehorse will lie with the PROPRIETOR :a. Regular turnout, bringing in and rug changesb. Care of dry stable with access to natural light, bedding and waterc. Provision of appropriate hay and feedd. Grooming, exercise and tacking upPage 1 of 4

e. Access to an area of hard standing where the horse may be groomed, shod, etc.f. Checking the horse, monitoring its performance and providing regular health and visualteeth checksg. Individual worming within a yard annual programmeh. Ensuring the appropriate use of the horse in line with any restrictions agreed with theHORSE OWNER(3) The HORSE OWNER will notify the yard in good time of any information or documentsrequired by the yard to enable it to perform the services including without limitation, anyknown vices, medical condition and any special requirements of the horse.(4) The livery agreement will start on ……………………….(Insert date) and continue indefinitely. Ifthe HORSE OWNER wishes to terminate the livery agreement the HORSE OWNER willinform the PROPRIETOR in writing, no less than one calendar month’s notice before theywish to terminate. The HORSE may be moved from the yard during this time but a fullperiod of notice must be paid in full.(5) It is the HORSE OWNERS responsibility to ensure that cleared funds are provided inadvance or on the 1 st day of each month for the month concerned. Failure to meet thisrequirement will result in an additional charge of £10 per day for every day that funds arenot cleared when monies are first due. In the event that livery fees go unpaid for morethan three months after monies are first due the PROPRIETOR reserves the right to sell theHORSE or items of tack in order to recoup costs as long as the HORSE OWNER is notified inwriting of the intention to sell at least 7 days before the date of any unpaid sums dueunder this agreement and the reasonable costs of sale. Any remaining money shall bereturned to the owner within 30 days of the sale. For horses that are subcontracted, CWAEnterprises will expect a letter from the HORSE OWNER to indicate their agreement for theperson identified in this agreement to place their horse with us. The letter will also acceptthat the horse will not be released until all outstanding sums are repaid to the collegeeither by the HORSE OWNER or the approved signatory. This includes any late paymentfees.(6) The PROPRIETOR agrees that they shall at all times during the period of the liveryagreement provide a safe and suitable environment for the horse to be kept and anyagreed services will be delivered in a safe and efficient manner which meets the welfareneeds of the HORSE and in so doing will exercise all the skill, care and diligence that mightbe expected. Where this is not the case the horse owner should in the first instance raisetheir concerns with the Cambridge campus director for the College of West Anglia. Therewill be occasions where the activity of the college/CWA Enterprises may impact on theservice of the yard or the ability of the owner to access their horse – this will be notified tothe owner in advance. All HORSE OWNERS and their visitors must on every occasion sign inas visitors to the yard in the visitor’s book.Page 2 of 4

(7) The PROPRIETOR shall give the HORSE OWNER access during the business hours of the yard(these hours will be displayed clearly on a display board next to the yard manager’s office,they are subject to change but will follow the times in which the college provides staffcoverage on the yard). Strictly no HORSE OWNERS or unauthorised personnel should bepresent on the yard when there is no staff coverage.(8) The annual schedule will outline the principles for the HORSE OWNER to access yardfacilities for the year when riding their horse. The main principle is that the businessneeds of the Cambridgeshire Horse Sport Academy for events, shows or lessons will takepriority.(9) The PROPRIETOR will ensure that there is adequate public liability insurance for the yardand the arenas, and this will be available and on display in the yard manager’s office. TheHORSE OWNER will ensure that their horse is suitably insured for third party liability andany activities they wish to partake in.(10) The HORSE OWNER shall abide by any rules or requirements relating to the premises asnotified by the PROPRIETOR. Any guests of the HORSE OWNER will be supervised by themand informed of the guidelines for the yard as outlined by the PROPRIETOR and thisagreement. No children under the age of 16 shall be allowed on the yard unless fullysupervised by the HORSE OWNER. The PROPRIETOR will require visitors to be signed ontothe yard and for the appropriate lanyards to be worn whilst on site.(11) Other responsibilities of the HORSE OWNER:a. To conduct themselves appropriately whilst on the college estate, and to only park inthe designated car parks.b. Provide tack and rugs that are appropriate for the horse, maintain these in accordancewith best practice and replace these when they are unfit.c. Whilst on the yard and riding, appropriate clothing and footwear should be worn andthis should conform to BSI and college regulations. There is a strict no jeans andjewellery policy and the boots must be appropriate for the activity.d. If the horse is to be absent from the yard for any period then this will be informed inwriting at least 48hrs before the planned date, and a date of return clearly specified.Movements of horses must be undertaken during the yard opening times.e. If the horse is to be moved around the yard or riding areas then all droppings should beremovedf. The horse will be shod regularly at a cost to the owner, along with full vaccinations forequine influenza and tetanus and any dentistry treatment.g. The PROPRIETOR will be informed of any other alternative treatments that the HORSEOWNER intends to use and the bookings for these.(12) In the event that the PROPRIETOR believes the horse is in need of farrier, veterinary orother treatment they reserve the right to contact their own providers to undertakePage 3 of 4

treatment provided that the PROPRIETOR has made all reasonable attempts to contact theHORSE OWNER before this decision is made. The responsibility of any arising costs will befor the HORSE OWNER solely.(13) The HORSE OWNER agrees that if a veterinary surgeon advises IMMEDIATE slaughter of theHORSE to prevent further suffering in the case of injury or illness and the owner cannot becontacted the PROPRIETOR may give permission to the veterinary surgeon on the HORSEOWNERS behalf. It is the responsibility of the HORSE OWNER to provide the PROPRIETORwith emergency contact numbers (as many as possible) and any changes to these that mayoccur over time.(14) No amendment of the terms of the agreement shall be valid or binding unless made byprior written agreement between the PROPRIETOR and the HORSE OWNER. Thisagreement shall last unless subject to earlier termination in accordance with thisagreement. The PROPRIETOR or the HORSE OWNER may at any time terminate thisagreement or any part of it by giving written notice to the other as in 4 above.(15) This agreement shall in respects be governed by and construed in accordance with Englishlaw and the parties hereby submit to the exclusive jurisdiction of the English courts.IN WITNESS of which this agreement has been duly executed and delivered on the date writtenabove.SIGNED BY:for and on behalf of the YARD(Must be authorised signatory as either Campus Director, Yard Manager or Equine Activities Coordinator)SIGNED BY:for and on behalf of the HORSE OWNER(Note comments in relationship to horse ownership and signatory as above)Copies for HORSE OWNER and CWA Finance DepartmentCurrent schedule should be attached.Page 4 of 4