GLENBRAE EQUESTRIAN CENTRE
Conditions of Agistment,
2009
Charges
Schedule of charges as at 1 January 2009 (all prices
include GST).
|
Category |
Monthly |
|
Private paddock |
240 |
|
Shared paddock |
165 |
|
Shared paddock, two horses (one rider) |
265 |
|
Tack box |
25 |
|
Premixed feed and bagged hay at $1.50 per feed |
|
|
Total
monthly payment |
|
Horses agisted in shared or
private paddocks are entitled to free use of facilities. Use of facilities means use of indoor and
outdoor arenas, hot and cold wash bays, tie up areas in stables complex and
cross country training area. Premixed
feeds and bagged and labelled hay supplied
by agisters will be fed out at $1.50 per feed
delivery. Requirements must be estimated
and paid in advance in order that a regular monthly payment can occur.
The arenas are frequently booked for private functions
and instruction and these bookings take priority. Agisters
must not ride on arenas prepared for private functions. The cost of lights is
not included. These are:
Indoor $10
per hour (coin in slot system requires $2 coins)
Outdoor $5
per hour
Casual rates
Stable $30
per night
Stables are available to agisters
free of charge on a casual basis (before shows, recovering from injury etc) but
must be left clean and empty otherwise the standard fees will be charged.
Horses will be rugged (waterproof rugs) and unrugged at a cost of $1.50 per occasion. Horses will normally be unrugged
at the same time as morning feeds if temperatures above 18oC are forcast. If rain is
predicted rugs will be left on. Rugging will normally occur at the same time as the evening
feed if rain or overnight temperatures below 10oC
are predicted.
Agister Responsibility
Agisters are responsible for the health and general care of
their horses. Staff will assist whenever
possible but cannot provide a 24-hour service.
Agisters are responsible for maintaining their
paddocks and stables in a satisfactory and safe condition. Problems requiring
the attention of the owners must be advised in writing. Horse droppings outside paddocks must be
picked up. Droppings inside paddocks
must be either piled or bagged and water
troughs cleaned regularly. On departure, paddocks must be left clean. Failure to do this will result in a fee equivalent
to a weeks agistment being
charged. Horses must be wormed every two
months and vaccinated against tetanus and strangles.
Payment of accounts
Agistment is to be paid monthly in advance, on or before the first day of each month.
Invoices will not be issued unless requested.
Our preferred method of payment is by direct bank transfer to Glenbrae
Equestrian Centre, Bendigo Bank, BSB 633000 Account
127994838. A months notice is required
if a horse is to be removed from Glenbrae otherwise a months agistment must be paid in lieu. Glenbrae reserves the right to terminate this
agreement at any time by giving an agister a months
notice without the need for any explanation.
If an account is outstanding for two months Glenbrae reserves the right
to sell any agisted horse at a public auction in
order to raise funds for payment. One months written notice of any intended
auction must be sent to the agister at the address
contained in this agistment agreement and notice must
be given in the 'Horses' column of the Weekly Times. All proceeds of the sale,
less costs associated with the auction and the outstanding agistment,
are to be paid to the agister by a cheque posted to
the address on this agreement. The agister may cause
the auction to be cancelled at any time by payment of the overdue agistment and expenses associated with the auction or may
bid at the auction.
Veterinary care
Should
an agisted horse require urgent veterinary attention
and the agister cannot be contacted or fails to
attend when called, the agister authorizes Glenbrae
to obtain such veterinary services as they deem necessary and agrees to pay any
associated expenses. In the unlikely circumstance that it is necessary to put a
horse down for humane reasons the agister authorizes
that this be done.
Legal liability
All
possible care is taken of horses agisted
at Glenbrae. However, agistment is provided at
Glenbrae on the understanding that neither the proprietors of Glenbrae nor
anyone acting on their behalf accepts liability for any loss, damage, accident,
injury or illness to horse, riders, owners, spectators or any other person or
property.
The agister agrees to indemnify and keep indemnified and to
hold harmless B and S. J. Hodgson, C. J. Le Bas de Plumetot,
Jacques R. Pty Ltd and their servants and agents and each of them from and
against all actions, costs, claims, charges, expenses and damages whatsoever
which may be brought or made or claimed against them or any of them arising out
of or in relation to the use of the property known as Glenbrae Equestrian
Centre situated at 205 Victoria Road Wandin North for
the period of agistment.
The
Glenbrae indemnity form must be signed and forms part of this agreement.
Insurance
Agisters are advised to obtain personal public liability
insurance (frequently part of standard household contents insurance). If this is done they should present a
certificate of insurance from their insurance company to Glenbrae naming B and
S. J. Hodgson, C. J. Le Bas de Plumetot and Jacques
R. Pty Ltd as interested parties.
Agisters are advised to obtain a personal accident cover to
cover them for injuries incurred whilst riding. (The cover provided by membership of E. F.
A., H. R. C. A. V or P. C. A. V. is adequate.)
Glenbrae does not provide insurance cover for agisters
and other users of Glenbrae. If agisters regard the property they have at Glenbrae including
their horses to
be valuable, the property must be insured.
Safety
Every
effort must be made to avoid situations which have the potential to create
accidents. Agisters
are required to report any safety issues to the proprietors in writing
immediately. Riders must wear ASA
approved horse riding helmets whenever mounted.
A saddle and bridle must be used whenever riding. Only one horse may be lead at a time. Dogs are strictly prohibited. Smoking is prohibited within any building and
discouraged throughout the property.
Horses must not be ridden in the stable block.
When
saddling or grooming horses in the stables the enclosures near the wash bay,
stables or the tie up yards must be used and must be cleaned when vacated. Horses must be walked unless being ridden in
an arena or the cross-country area. Lunging
is not permitted in an arena whilst another horse is being ridden.
Name: .................................................................
Address: ..............................................................................................................................
.......................................................................... Post Code:
..............................
Phone Numbers: Home: .................................. Work: ..................................
Horse's Name: .................................................
Breed: ...................................................
Colour: ...................................
Size:
................................. Gender: ............................
Any Distinguishing
Features (i.e. brands, markings scars etc)
..................................................................................................................................................
Any information re horse's
medical history:
............................................................................................................................................................
Horse's Name: .................................................
Breed: ...................................................
Colour: ...................................
Size:
................................. Gender: ............................
Any Distinguishing
Features (i.e. brands, markings scars etc)
..................................................................................................................................................
Any information re horse's
medical history:
............................................................................................................................................................
Horse's Name: .................................................
Breed: ...................................................
Colour: ...................................
Size: .................................
Gender:
............................
Any Distinguishing
Features (i.e. brands, markings scars etc)
..................................................................................................................................................
Any information re horse's
medical history:
............................................................................................................................................................
In case of emergency:
Name of next of kin:
.
Address:
.
Telephone:
Preferred farrier: ............................................
Phone
...............................................
Preferred vet: ............................................
Phone
...............................................
I have read the attached
'Conditions of Agistment' and agree to be bound by
them.
Signed: ................................................ Dated: / /
WAIVER, RIDING AGREEMENT AND
EXCLUSION OF CERTAIN RIGHTS TO SUE
WARNING: Under the provisions of the Fair Trading Act 1999 (Vic) several
conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the Centre named
on this form is required to ensure that the recreational services it supplies
to you are:
· rendered with due care and skill; and
· as fit for the purpose for which they are commonly bought as it is
reasonable to expect in the circumstances; and
· reasonably fit for any particular purpose or might reasonably be expected to
achieve any result you have made known to the Centre.
Under section 32N of the Fair Trading Act 1999, the Centre is entitled
to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing
that your rights to sue the Centre under the Fair Trading Act 1999 if you are
killed or injured because the services were not rendered with due care and
skill or they were not reasonably fit for their purpose, are excluded,
restricted or modified in the way set out in this form
NOTE: The change to your rights, as
set out in this form, does not apply if your death or injury is due to gross
negligence on the Centres part. "Gross negligence" is defined in
the Fair Trading (Recreational Services) Regulations 2004.
ACKNOWLEDGMENTS
1
Horse riding involves a significant degree of physical
exertion and physical risk and is undertaken for the purpose of recreation,
enjoyment and leisure.
2
I engage in horse riding entirely at my own risk and
accept that horse riding is a dangerous activity with many inherent risks.
3
I accept that I am responsible for my own actions
and the actions of those people in my care and control.
4
A reference to the Centre in this contract
includes Glenbrae Equestrian Centre, the operating company Jacques R. Pty Ltd
and the property owners B. and S. J. Hodgson and C. J. Le Bas de Plumetot.
5
The services provided by the Centre are
recreational services for the purposes of the Fair Trading Act 1999
(Vic) and Trade Practices Act 1974 (Cwth).
6
The Centre does not make any warranty concerning the
nature, habits and disposition of any horse supplied by it.
7
This riding agreement contract is valid from the
date of signing until revoked.
TERMS AND
CONDITIONS OF RIDING
I will waive my rights
8
I will not bring any claim, demand, action or suit
against the Centre in relation to personal injury or death, and also any loss,
injury or damage I sustain as a direct or indirect result of horse riding
organised by the centre. This waiver
applies irrespective of any liability, fault or negligence of the Centre.
I will indemnify the Centre
9
I will indemnify the Centre against any claim,
demand, action or suit brought by third parties (including a child for whom I
have responsibility) in relation to any personal injury or death, and also any
loss, injury or damage which is a direct or indirect result of horse riding
pursuant to this agreement. This
indemnity applies irrespective of any liability, fault or negligence of the
Centre.
I will ride safely
10 I will only ride the horse in a safe
and controlled manner.
11 I will wear an Australian Standard
Approved helmet and the correct footwear at all times.
I will read and follow instructions
12 I will read and follow all signs on
the Centres property and follow all the Centres instructions.
I will accept and pay for
assistance
13 I consent to being evacuated and to
the provision of first aid and medical treatment if I am injured or become
ill. I agree to pay for any such
evacuation or provision of first aid or medical treatment.
The Centre may cancel my ride
14 The Centre may cancel my ride without
refunding any fee if I do not comply with any of these terms and conditions.
I will disclose
15 Any pre-existing medical or other
condition that may affect or risk other persons or myself.
(please
circle) Asthma, Diabetes, Epilepsy /
Fits, Fainting /
Dizziness, Blackouts / Migraines,
Disability, Heart / Blood Condition,
Allergic Reactions,
Pregnancy, Uneven Pupils, Recent Injuries, Medications,
Other
.
.
AGREEMENTS:
By signing this agreement I understand that I and my
dependants waive our rights to sue
The riders agreement
I have read,
understood and agree to the acknowledgements, terms and conditions.
Full Name: .Age (Under 18): ..
Address: . Riding Experience:
Signature: .Date: .. ... ...
Ph:
The
parent or guardians agreement
I am the riders parent or guardian and I have read and understood the acknowledgements, terms and conditions.
I agree to them. I agree for the rider to be bound by
them.
Full Name:
Signature: