Good As Gold Sport Horses
HORSE TRAINING AGREEMENT,
LIABILITY RELEASE AND
ASSUMPTION OF RISK AGREEMENT
WITTNESS THIS AGREEMENT this ___ day of ________, 2021, by and between GOOD AS GOLD SPORT HORSES, LLC of 887 Tar Heel Rd., Lumberton NC, 28358, hereinafter known as “TRAINER” and ______________________________ of ______________________________________________________, hereinafter know as “OWNER”, and if “OWNER” is a minor, “OWNER’S” parent or guardian.  “TRAINER” agrees to accept  “OWNERS” horse, as described below, for training, and t is the plan and intention of the “OWNER” to place this horse into training.  It is understood and agreed that the events or purposes for which the below described horse is accepted for training are as follows:
1._____________________________________________________________________________________________________________________________________________
2.______________________________________________________________________________________________________________________________________________
3.______________________________________________________________________________________________________________________________________________
4.______________________________________________________________________________________________________________________________________________
A.) DEFINITIONS 
The term “OWNER” shall herein refer to the owner, part-owner, or lessee of the animal(s) which are contracted to be trained under this agreement. The terms “HORSE(S)” and “ANIMAL(S)” shall herein refer to all equine species, and also to the specific animal(s) to which this agreement refers to. The terms “TRAIN” and “TRAINING” shall herein refer to the schooling, conditioning, and education of the horse(s). The term “HORSEBACK RIDING” herein shall refer to riding or otherwise handling of horses, whether from the ground or mounted. The term “RIDER” shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The term “I”, “ME”, or “MY” shall herein refer to the OWNER(S) and the parents or legal guardians thereof if a minor. 
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B.) AGREEMENT PURPOSE AND CONSIDERATION 
I/WE agree at the commencement of this agreement, the OWNER intends for the TRAINER to undertake the training of the animal(s) listed below in section______ and to provide other incidental services according to the terms and conditions set forth herein. OWNER agrees to pay to the TRAINER the sum of $_________ us per month for each animal for training only (See separate attached contract for boarding terms/agreement). Monthly charges for training, board, and other incidental services are due on the First Day of Each Month. Training activities will be stopped if payment has not been made in full by the 10th day of the month, unless prior arrangements have been made with the TRAINER. On conclusion of this agreement the remainder of expenses shall be due and payable and horses will not be released from TRAINER’S possession until all expenses are paid in full. A billing fee of 5% of the total amount due will be added to any balances not paid after 30 days of the billing date, and will continue to be added to the total owed to TRAINER for every 30 days the balance remains unpaid. If the OWNER does not pay balances owed to TRAINER within 90 days of billing date, TRAINER has the right to assume ownership of the HORSE in training and sell the horse if necessary to recover amount owed by OWNER, unless a written agreement signed by OWNER and TRAINER allows for a longer grace period for payment of due balance. 
C.) AGREEMENT PURPOSE, CONSIDERATION, SCOPE, AND TERRITORY 
I/WE agree at the commencement of this Agreement, OWNER agrees to pay the sum of $________ per month and/or week per animal, in consideration for this TRAINER undertaking the training of the animal(s) listed under Clause D.) below. Monthly/weekly charges are to be paid in advance. This Agreement shall be legally binding upon me the OWNER, and the parents or legal guardians thereof if a minor, my heirs, estate, assigns, including all minor children, and personal representatives; and it shall be interpreted according to the laws of the Commonwealth of Massachusetts. This Agreement is intended to be valid and binding at all times now and in the future when the TRAINER permits me (directly or indirectly) to enter the TRAINER’S property, be on the TRAINER’S property, be near any horse, receive instruction or guidance from the TRAINER or the TRAINER’S associates and/or when I ride and/or am near horses on or off the TRAINER’S property. Any disputes by the OWNER shall be litigated in, and venue shall be the county in which the TRAINER is physically located. This Agreement is intended to be as broad and inclusive as the law permits. If any clause, phrase, or word is in conflict with state law, then that single part is null and void. 
D.) DISCLOSURE OF INFORMATION BY OWNER ABOUT HORSE(S) TO BE TRAINED 
I/WE agree, OWNER attests to being the legal, rightful owner of the below listed animal(s), or that OWNER has legal documentation proving they have the legal right to lease the below listed animal(s) and as such they have the legal right to enter into this 
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contract for training. 
OWNER: ___________________________________ DATE: _____________
It is hereby requested by the OWNER that the following described horse(s) be entered into this contract for training with TRAINER: 
1. Name of Horse ____________________________________ ID #_________________________ Breed__________________ Color________ Sex____________ Approximate Value $_________ Current Insurer____________ Pol. No. _________ Insurer Emergency Phone No. ____________ Disclose Horse’s Vices, Unique Habits_______________________________________________ Other Pertinent Information________________________________________________________ 
2. Name of Horse ____________________________________ ID #_________________________ Breed__________________ Color________ Sex____________ Approximate Value $_________ Current Insurer____________ Pol. No. _________ Insurer Emergency Phone No. ____________ Disclose Horse’s Vices, Unique Habits_______________________________________________ Other Pertinent Information________________________________________________________ 
E.) HORSE(S) HEALTH WARRANTY 
I/WE agree, each horse shall enter the TRAINER'S premises free from transmissible diseases, and must be effectively wormed, and current on reasonable immunizations. An up-to-date worming and immunization record must be presented to TRAINER by OWNER prior to entry of horse onto TRAINER’S premises. In addition, TRAINER may request an up-to-date Veterinary Health Certificate and/or Negative Coggins Test to be presented by OWNER prior to entry of the horse onto TRAINER’S premises. 
 F.) THE TRAINER’S RIGHT OF TERMINATION 
I/WE agree, the Trainer may terminate this Agreement to train any horse(s) for any reasons which may include but not limited to: animal’s poor health or unsoundness; dangerous propensities, habits and/or vices which the TRAINER is not equipped to handle; owner’s refusal to obey stable rules or to cooperate with the TRAINER or barn manager on reasonable requests relative to the training, management, welfare and safety of animal(s) and/or people on premises; and/or in event of the TRAINER’S discontinuation of the business of training of horses. After all fees have been paid in full this agreement is concluded. Failure to pay training fees or other fees as due shall also entitle TRAINER to immediately terminate this agreement, and to keep the animal(s) in TRAINER’S possession until all fees are paid in full, and following the procedure as described in section C.) above in AGREEMENT PURPOSE AND CONSIDERATION.
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G.) OWNER’S RIGHT OF TERMINATION 
I/WE agree, upon 15 days written notice to the TRAINER, the OWNER may terminate this Agreement for any reason. The TRAINER shall be paid for all fees incurred up to the termination date and prior to the removal of the horse. (This does not effect the terms of the attached boarding contract)
H.) HORSE ILLNESS OR INJURY 
I/WE agree, should the horse(s) become sick or injured, the TRAINER shall attempt to notify the OWNER immediately. If the OWNER does not immediately inform the TRAINER regarding measures to be taken, and/or if the state of the animal’s health requires immediate medial action, the TRAINER is authorized to request the services of a veterinarian of his choice or to give any other attention that appears necessary to maintain and/or improve the healthy condition and life of the horse(s). The OWNER shall promptly pay all expenses for all services upon billing. 
I.) OWNER ACCEPTANCE OF RESPONSIBILITY 
I/WE agree, during the time that the horse(s) are being trained, the horse(s) shall be in the custody of the TRAINER. OWNER has inspected the TRAINER’S premises and/or has in some other way satisfied himself that the condition of the premises and the facilities will provide an adequate and reasonable level of safety for OWNER’S horse(s) and OWNER’S family, guests and visitors who enter the premises. The TRAINER will exercise reasonable care for the protection of the horse(s) and shall train the horse(s) to the best of his or her ability. It is understood that each animal is unique and the TRAINER cannot guarantee the results or degree to which the horse(s) will be trained. OWNER further understands that the training of a horse involves the placing of above-normal-level stress(s) on the horse(s), both physically and mentally, and that the TRAINER is not responsible for the results of training stress(s) that could potentially cause injury, illness and/or loss of horse(s) by death. OWNER further agrees to be responsible for any and all damages, injuries, loss of life caused by or to the animal(S) while in the care, custody and control of the OWNER, OWNER’S family members, invitee of other handler or agent appointed by them, and also for any acts of the horse(s) caused by vices or dangerous behavior not disclosed to TRAINER by OWNER.  OWNER agrees to maintain personal liability insurance on the boarded horse(s) and to provide GOOD AS GOLD SPORT HORSES with proof of same.  OWNER is also responsible for accident, injuries, and loss of life sustained by OWNER, OWNER’S family members, invitees, and agents caused by or in relation to the OWNER’S horse(s).  OWNER agrees to at all times maintain adequate accidental/medical insurance to cover OWNER and family members.

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J.) PERMISSION TO HANDLE HORSE(S)
I/WE agree, no Person other than the TRAINER and /or employee(s) thereof shall
remove, handle, or ride specific horse(s).  OWNER and or OWNER’S family members or visitors of such parties shall have from TRAINER, written permission or other agreed upon pre-arranged permission to remove, handle, or ride specific horse(s).
K.) INHERENT RISKS/ASSUMPTION OF RISKS 
I/WE agree, risks, conditions, and dangers are inherent in (meaning an integral part of) horse/equine/animal activities, regardless of feasible safety measure which can be taken, and I, the undersigned OWNER, agree to assume them. The inherent risks include, but are not limited to any of the following: The propensity of an animal to behave in ways that may result in injury, harm, death, or loss to persons on or around the animal; The unpredictability of an equine’s reaction(s) to sound(s), sudden movement(s), unfamiliar object(s), person(s), or other animals; Hazards, including, but not limited to, surface or subsurface conditions; A collision, encounter and/or confrontation with another equine, another animal(s), person(s), or an object(s); The potential of an equine activity participant(s) to act in a negligent manner that may contribute to injury, harm, death, or loss to the participant or to other persons, including but not limited to; failing to maintain control over an equine(s) and/or failing to act within the ability of the participant(s). Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a rider falls from horse to ground it will generally be at a distance of from 3 1⁄2 to 5 1⁄2 feet, and the impact may result in harm to the rider. Horseback riding, driving and training are activities in which one much smaller, weaker predator animal (the human) tries to impose its will on, and become one unit of movement with, another much larger, stronger prey animal that has a mind of its own (the horse) and each has a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act to its natural survival instincts which may include, but are not limited to: Stopping short; Spinning around; Changing directions and/or speed at will; Shifting its weight; Bucking; Rearing; Kicking; Biting; and/or Running from danger. I, the undersigned OWNER, also acknowledge that these are just some of the risks and I, the undersigned OWNER, agree to assume others not mentioned here. I, the undersigned OWNER, am not relying on the TRAINER to list all possible risks for me. 
OWNER_________________________________________ DATE: _______________
L.) CONDITIONS OF NATURE WARNING, UNFAMILIAR AND SUDDEN SIGHTS, SOUNDS AND MOVEMENTS WARNING 
I/WE agree, the TRAINER is NOT responsible for total or partial acts, occurrences, or elements of nature and/or sudden and/or unfamiliar sights, sounds and/or sudden 
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movements that can scare a horse, cause it to fall, or react in some other unsafe way. SOME EXAMPLES ARE: Thunder, lightning, rain, wind, wild and domestic animals, insects, reptiles which may walk, run, or fly near, or bite or sting a horse or person; and irregular footing on out- of-door groomed or wild land which is subject to constant change in condition according to weather, temperature, and natural and man-made changes in landscape. The above is in no way a complete list of potential conditions which could pose a risk(s) of any kind to the below singed OWNER, OWNERS’S family members, invitees, and agents. 
M.) PROTECTIVE HEADGEAR WARNING 
I/WE agree, OWENER is hereby warned by this TRAINER that all horse handlers should consider wearing properly fitted and secured protective headgear (equestrian riding helmet), and that wearing of such headgear while mounting, riding, dismounting and being around horses, may prevent or reduce severity of some head injuries and may prevent death from happening as a result of a fall or other occurrence.
I, the below signed OWNER, for myself and on behalf of my child and/or legal ward have been fully warned and advised by the TRAINER that protective headgear/helmet, which meets or exceeds the quality standards of the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet, should be worn while riding, handling, and/or driving, training, and/or being near horses, and I understand that the wearing of such headgear/helmet at these times may reduce severity of some of the wearer’s head injuries and possibly prevent the wearer’s death from happening as the result of a fall and other occurrences. I, the below signed OWENR, am not relying on the TRAINER and/or his associates to provide a certified helmet for me or to check any headgear/helmet or headgear/helmet strap that I, the below signed OWNER, may wear, or to monitor my compliance with this suggestion at any time now or in the future. 
OWNER__________________________________ DATE:_____________________
N.) DIRECT LOSS TO PERSONAL PROPERTY WARNING 
I/WE agree, OWNER is hereby warned that while on the TRAINER’S premises, direct loss, damage, theft, or injury to OWNER’S horse(s), tack, equipment, trailer, and other personal property is not covered by the TRAINER’S insurance or by Good As Gold Sport Horses, LLC’s insurance. The party who has the financial interest in and/or owns such items has the responsibility to insure the items under his/her own insurance policies. 
O.) RELEASE OF LIABILITY 
I/WE agree, in consideration of the TRAINER undertaking the training and related services under the terms set forth herein, that I, the below signed OWNER, for myself 
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and on behalf of my child and/or legal ward, heirs, administrators, personal representatives or assigns, do agree to release, hold harmless and discharge the TRAINER, his agents, employees, officers, directors, representatives, assigns, managers, members, owners of premises and trails, affiliated organizations, Good As Gold Sport Horses, LLC and Insurers, and others acting on their behalf (hereinafter, collectively referred to as “Associates”), of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to the TRAINER’S and/or his ASSOCIATES’ ordinary negligence or legal liability; and I do further agree that except in the event of the TRAINER’S gross negligence and/or willful and/or wanton misconduct, I, the below signed OWNER, shall not bring any claims, demands, legal actions and causes of action, against the TRAINER and his/her ASSOCIATES as stated above in this clause, for any economic and non-economic losses due to bodily injury and/or death and/or property damage, sustained by me and/or my minor child or legal ward in relation to the premises and operations of the TRAINER, to include while riding, driving, training, handling, or otherwise being near horse(s) owned by me or owned by the TRAINER, or in the care, custody or control of the TRAINER, whether on or off the premises of the TRAINER, but not limited to being on the TRAINER’S premises. 
P.) LIEN AGAINST HORSE(S) 
I/WE agree, the OWNER hereby grants a possessory lien against the boarded animal(s) to the TRAINER for the value of all unpaid charges resulting from training and rendering any other services to the animal(s). Should such charges go unpaid, the TRAINER shall be entitled to exercise the rights to enforce said lien according to the laws of the State of North Carolina.
Q.) AGREEMENT SCOPE AND TERRITORY
I/WE agree, this agreement shall be legally binding upon the TRAINER and the OWNER  and OWNER’S parents or legal guardians, should OWNER be a minor, when signed by both parties.  This agreement is entered into in the State of North Carolina, state of domicile of the TRAINER, and will be interpreted and enforced under the law of this state.  If any clause, phrases or word is in conflict with the State Law, then that single part is null and void.
All Owners and Parents or Legal Guardians must sign below after reading and completing this entire document. Spouses must sign for themselves. 
SIGNER STATEMENT OF AWARENESS I/WE, THE UNDERSIGNED, REPRESENT THAT I/WE HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT, I/WE UNDERSTAND THAT BY SIGNING THIS 
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DOCUMENT I/WE AM GIVING UP RIGHTS TO SUE TODAY AND IN THE FUTURE. I/WE ATTEST THAT ALL FACTS STATED HEREIN ARE TRUE AND ACCURATE. I AM SIGNING THIS WHILE OF SOUND MIND AND NOT SUFFERING FROM SHOCK, OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR INTOXICANTS.  
PRINT NAME OF OWNER #1 _____________________________________________
SIGNATURE OF OWNER #1 DATE ________________________________________
PRINT NAME OF OWNER #2 _____________________________________________
SIGNATURE OF OWNER #2 DATE ________________________________________
OWNER ADDRESS: _____________________________________________________
_______________________________________________________________________
OWNER HOME PHONE: ______________________________
OWNER WORK PHONE: _____________________________
OWNER CELL PHONE: _______________________________
PERSON TO CONTACT IN CASE OF EMERGENCY: _________________________ 
RELATIONSHIP TO OWNER:_______________________________
EMERGENCY CONTACT DAYTIME PHONE:_______________________________
EMERGENCY CONTACT EVENING PHONE:_______________________________

PRINTED NAME OF TRAINER:___________________________________________
SIGNATURE OF TRAINER: ______________________________________________

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