THIS AGREEMENT is entered into between Regina Esterman of Haile Equestrian LLC, residing at, 7680 SW 46th Blvd, Gainesville, FL 32608, hereinafter referred to as “LESSOR”, and the described person signing below, hereinafter referred to as “LESSEE”;
A. TERM OF LEASE
This lease is a month to month agreement. Either party may terminate this Agreement by giving the other party thirty (30) days written notice. This agreement is for the lease of the described horse commencing on the date selected below.
B. DESCRIPTION OF HORSE
Name selected below, hereinafter referred to as “THE HORSE”, (please enter description details below)
This lease is for the day(s) selected below, during the hours of 9:00 am to 1:00 pm OR 2:00 pm to 6:00 pm (selected below) each day. If a Lessee is unable to ride the horse on the designated day/time assigned to them, 24 hours notice must be given to make up the missed ride and the ride must be made up within 2 weeks. If weather prevents Lessee from riding the horse on the designated day/time assigned, Lessor must be notified and a make up ride scheduled on that day.
Lessee does not have the option to sublease the Horse to any other party, nor allow the Horse to be ridden by any other party unless by special written permission of Lessor.
Lessor warrants she has good and clear title to the Horse, free from any liens. The Horse is and shall remain the sole property of Lessor. Lessee shall have no right, title or ownership over the Horse except as stated in this Agreement.
E. LEASE FEE
The monthly lease fee for the lease described in this Agreement is selected below. In consideration of this Agreement, Lessee agrees to pay Lessor no later than the 3rd day of each month for the term of this Agreement. A 2% per day late fee applies to any payments not made by the 3rd day of each month. Partial months leasing shall be paid on a pro rata basis based on the numbers of days in a standard 30 day month.
Lessee is leasing the Horse for lessons and practice, hacking, clinics and shows including jumping standard obstacles and Lessor warrants the Horse is fit for said purpose. Jumping is limited to fences a maximum of (selected below - if not specified, crossrails only) ft in height and a maximum of 20 jumping efforts per day. No trail riding is permitted, on-property riding only. If the Horse should be deemed unfit by Lessor, a veterinarian, or other appropriate authority for stated purpose due to injury or illness through no fault or negligence of Lessee, Lessee may terminate this Agreement immediately and is entitled to a prorated refund of payment made for future use of the Horse. If the Horse becomes temporarily unsound, Lessee may ride another horse designated by Lessor on the day designated in this agreement.
The Horse shall be ridden no longer than 2 hours per day which will include warm up and cool down. The Horse will never be retired from exercise until completely cooled down and proper post-exercise care, including grooming and hosing, must be given.
The Horse must wear the bridle provided by Lessor unless an alternate bridle is approved by the Lessor. Any other equipment belonging to the Lessee may be used on the Horse so long as Lessee determines it is appropriate and fits the horse. The Horse must wear protective boots when jumping, in addition to all other regular riding equipment. Any change from or decision to not use these items must be approved by Lessor. Lessee may use equipment approved by Lessor and/or the saddle, bridle, halters, grooming equipment, and anything that may become necessary provided by Lessor, hereinafter referred to as “PROVIDED EQUIPMENT”:
Any Provided Equipment must be treated in accordance with its intended use and must be cared for in an appropriate manner. If any item of Provided Equipment is not treated in a manner Lessor deems appropriate, Lessor may reclaim the item and refrain from providing it for use. Lessee agrees to pay for any damage to Provided Equipment resulting from inappropriate use and to pay for any Provided Equipment lost while under care and control of Lessee.
I. PROVISION OF CARE
Lessor will ensure the Horse receives all regular worming, farrier and veterinary care as needed. Lessor assumes responsibility for any and all emergency medical care the Horse requires unless the emergency medical care is a result of neglect, negligence or improper use of the Horse by Lessee. Lessee agrees to take full financial responsibility including, but not limited to medical costs, transportation costs, disposal, cremation and/or burial cost and all other related costs incurred resulting from illness, injury or death caused by his/her neglect, negligence, intentional acts and/or improper use of the Horse. Should either party discover at any time the Horse is missing, lost,seriously injured, sick or dead, that party shall immediately notify the other party by telephone.
Lessor agrees to stable the Horse at the boarding facility located at 7680 SW 46th Blvd., Gainesville, FL 32608, hereinafter referred to as “THE FARM..” Lessor shall not remove the Horse from the Farm on a permanent or temporary basis without notifying Lessee by telephone, at least one (1) week prior to the date of removal. Should the need or desire arise for Lessor to permanently move the Horse from the Farm to a new boarding facility, Lessee has the right to terminate this Agreement immediately. Lessee shall not enter into any boarding contracts with the Farm, any other business or individual for the Horse unless agreed to by Lessor and for the sole purpose of temporary board for the duration of a horse show.
Lessee shall not transport the Horse or remove the Horse from the Farm without written permission of Lessor. When traveling to horse shows, all transport must be provided by Lessor at the cost of Lessee.
L. RIGHT TO INSPECTION
Lessor has the right at any time, in person or by authorized agent, to inspect the Horse and determine if the Horse is being properly cared for and in good health. Lessor reserves the right to terminate this Agreement immediately if the Horse is not being properly cared for by Lessee.
M. COVENANT NOT TO ENCUMBER
Lessee agrees to keep the Horse free of all liens, encumbrances, charges and claims and agrees not to sell or mortgage the Horse. Lessee agrees to hold Lessor harmless for any agreements entered into on behalf of the Horse or Lessor without the written permission of Lessor.
N. HOLD HARMLESS
Lessee hereby agrees to hold Lessor harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, third party claims, personal injury and/or damage to property arising out of Lessee’s care and/or use of the Horse. The Lessee also understands that horses can behave in a violent and unpredictable manor. The Lessee has also read and understands the Florida Equine Statutes, and will sign an additional liability release.
Upon breach of this Agreement by one party, the other party may terminate this Agreement immediately. On any breach by one party, the other party shall have the right to recover all reasonable attorneys’ fees and court costs incurred as a result.
Under Florida law, an equine activity sponsor or equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities.
This Agreement is subject to the laws of the state of Florida. EXECUTED this day: February 22, 2020