Trial agreement - Anyhting I need to add????

Halfpass

Well-Known Member
Joined
1 May 2005
Messages
3,527
Location
East Sussex
Visit site
Trial Agreement
--------------------------------------------------------------------------------
The AGREEMENT
This agreement is made on the (Insert DATE) between the parties (Insert Owner's
Name & Address) (hereafter referred to as the OWNER) and (Insert Borrower's
Name and Address) (hereafter referred to as the BORROWER) for the trial of
(insert description and name of horse - e.g. 16.2 hand high bay gelding aged 15
years approx. with white blaze and white sock, off hind, known as Tumbledown – also identified in the diagram/photograph attached) (hereafter referred to as the HORSE.)
The HORSE is to be used as riding horse and not for hire or reward. A sum of £----- will be paid to the OWNER prior to the horse going on trial which may be refunded at end of trial period if horse is not suitable for BORROWER or OWNER feels that BORROWER is unsuitable.

(1) The trial period will start on (Insert DATE) and continue for a period of 2 weeks until (Insert DATE) when the trial agreement may be:

1.1) Extended for a period of time to be agreed between the parties or
1.2) The HORSE is to be returned to the OWNER and OWNER gives full refund to BORROWER or
1.3) Passport and microchip details will be handed to borrower and ownership taken over by borrower or

(2) The trial may be terminated on or before this date if:

2.1) The BORROWER no longer wishes to trial the HORSE. The
BORROWER will inform the OWNER before the HORSE (and all associated equipment as detailed in Section 12) will be returned in a good condition to the OWNER.
2.2) The OWNER believes the HORSE is not being treated or looked after in
the correct manner. The OWNER may at his own discretion give the
BORROWER a specific period of time during which the BORROWER must
rectify any reasonable issues that the OWNER may have. The OWNER
hereby reserves the right to remove the HORSE at his own expense from the
BORROWER with no notice whatsoever.

(3) The HORSE is to be kept at (insert livery yard/farm/borrower's premises as
applicable) unless it is agreed by the OWNER in writing that the HORSE may be
moved to alternate accommodation.

(4) It is understood by the BORROWER that the HORSE requires soaked hay and must not be turned out with other horses until the trial period is over.

(5) The BORROWER will allow the OWNER access to the HORSE at the address
specified in (3) at any reasonable time in order that OWNER may check that the
horse is in good health.

(6) It is understood by the BORROWER that the HORSE…..
- Is not a novice ride
- Can cough if hay is not soaked
- Needs to be ridden quietly but confidently
- Must have full set of boots on when ridden

(7) The BORROWER is responsible for ensuring prompt and required veterinary
treatment by a registered and qualified veterinarian which includes routine and timely
vaccinations for flu and tetanus (& anything else your horse is vaccinated against) for
the HORSE at all times and the liability for payment of the aforesaid veterinary
treatment lies solely with the BORROWER. The BORROWER will notify the
OWNER if the horse sufferes any serious illness or injury and will notify the owner in
advance if possible of any requirement for the HORSE to have surgery or general
anaesthetic.
(8) It is understood by the BORROWER that the OWNER will continue with ensuring that the HORSE is fully insured for veterinary treatment, third party liability, travelling,
saddlery and tack, etc at all times for its full value and the liability for payment of the
aforesaid insurance lies solely with the OWNER. The BORROWER understands that for any injury or accident caused over the 2 week trial peiod a £300 excess will be redeemed if the horse is returned to the OWNER.
The OWNER will insure the HORSE and its effects and the OWNER and BORROWER jointly will assume full liability for any loss
or damage, including 3rd party legal liability for the 2 week trial period.

(9) It is understood by the BORROWER that he is responsible for ensuring that the
HORSE is suitably shod at all times and the liability for payment of the aforesaid
shoeing lies solely with the BORROWER. The BORROWER must inform the OWNER if shoeing is needed in the 2 week trail period and any shoeing will be done by the OWNERS farrier.

(10) It is understood by the BORROWER that that at NO TIME is he the registered
OWNER of the HORSE and under no circumstances whatsoever is he permitted to
Loan, Lease or Sell the HORSE to any third parties for the period of the 2 week trial.

(11) The horse is not permitted to take part in any of the below mentioned activities
under any circumstances whatsoever during the 2 week trial.
11.1) POLO
11.2) HORSEBALL
11.3) DRAGHUNTING

(12) The following pieces of equipment will be supplied by the OWNER to the
BORROWER and it is understood and agreed by the BORROWER that all items are
in good working order and free from any defects not specified below. The
BORROWER agrees that at the time of termination of the contract, all the equipment
listed below will be returned to the OWNER in good working order.
12.1) Saddle – 17.5” Medium narrow Albion K2 Jumping – Brown £800
12.2) Bridle – Full size English leather flash bridle with kimblewick bit and snaffle bit and running Martingale - Brown £50
12.3) Rugs – 1 x lightweight turnout 1 x cooler rug both 7’0” £50
12.4) Boots – 1 x travel 2 x pairs brushing

(13) It is understood by the BORROWER that horse care and riding carry their own
inherent risks and at no time can the OWNER of the horse be held responsible for
anything at any time

(14) The OWNER agrees that if a VETERINARY SURGEON advises IMMEDIATE
slaughter of the HORSE to prevent further suffering in the case of severe injury and
the OWNER cannot quickly be contacted the BORROWER may give permission to
the VETERINARY SURGEON on the OWNER'S behalf.
Signed
……………………………………................. (THE OWNER's NAME PRINTED HERE)
Witnessed by
................................................................................. (Witness's name & address here)
…………………………………….......... (THE BORROWER's NAME PRINTED HERE)
……………………………………............................... (Witness's name & address here)
Witnessed by
(If you want witnesses (and it's a sensible idea, there should be two - one should be
known to either party. They should witness the signature and their addresses should
be included. The OWNER and the BORROWER should each retain a signed copy of
the agreement.
 

pixie

Well-Known Member
Joined
21 July 2005
Messages
4,985
Location
Malton, N yorkshire
Visit site
perhaps that only the borrower can ride the horse? and perhaps that it can't be moved off the property other than when hacking out for no longer than "X" hours or for schooling purposes?
 

sillygillyhorse

Well-Known Member
Joined
25 June 2005
Messages
2,666
Location
Leicestershire
Visit site
You will need to inform your insurer of the agreement and I would suggest that you insert a clause stating that only the borrower is to ride the horse, anyone else doing so will be at their own risk and not covered by your insurance. Read the small print of your insurance policy as often it is only a person riding with the owners permission who can make a claim should any injury happen.
 

flyingfeet

Well-Known Member
Joined
16 March 2006
Messages
8,073
Location
South West
Visit site
[ QUOTE ]
The horses passport must stay with the horse at all times, the passport must be given to the horses carer.

[/ QUOTE ]

Hmm I don't think I'd be too quick to hand over documents - like a car how do you stop the horse being sold on without permission?
 
Top