AGISTMENT RATES

 

Welcome to  Shanendoah Ranch!

The following guidelines are intended to familiarise agisters with the policies that apply on  Shanendoah Ranch. Please feel free to speak to us at anytime about any information or your concerns. We always welcome new suggestions and ideas.

Notes for arrival

• Please organise your arrival to coincide with normal office hours, or else make arrangements with the office prior to your arrival.

• Office hours are  Wednesday to  Sunday  8:30am – 5.00pm.

• Before your horse goes into a paddock it must be drenched prior to arrival. a

• Agistment is payable one month in advance. Please organise to pay your first months agistment on or before your arrival.

• Please allow adequate time to familiarise your horse with any new paddock 

Departure & charges in agistment

• Please provide one months notice of your departure from  Shanendoah Ranch. Agistment will be charged for a minimum of one month after this notice is received. You must submit  a ‘Notice of Departure’  as your written notice. Verbal notice will not be accepted.

• Horses are not to be moved to yards and other paddocks without prior approval through the office.

• If horses are to be moved off the property for a short time please notify us to save unnecessary concern on our part when stock and paddock checks are undertaken. Payment for agistment is required during absence or you will forfeit your place.

Contact Information and details

• Please supply identification details including a side- on photograph of your horse/s and a veterinarian preference; prior to commencement of agistment.

• Ensure that we have your current address and telephone numbers so that you may be contacted in case of an emergency. If we cannot contact you and veterinary attention is necessary, where possible the veterinarian of your choice will be contacted.

 

Accounts

• Agistment accounts are payable one month in advance.

• Standard monthly agistment charges can be paid directly to  Shanendoah Ranch by direct credit

• Extras are a charged on a monthly basis and must be paid by the end of the calendar month before new services will be conducted.

Property Access

Please close gates securely when riding or driving through them. PLEASE LEAVE GATES AS YOU

FIND THEM. If you are the last person leaving the property please close both front gates

upon leaving.

• Riding on  Shanedoah Ranch apart from exceptional cases (prior arrangement) is restricted to current agisters and leasee’s only.

 
 

SCHEDULE 2 – AGISTMENT RATES  EFFECTIVE 1/07/2011

Shanendoah Ranch Rates

All Paddocks  $35.00/week

Hand Feeding $35.00/week extra

Charges for services provided vary from time to time; 

  • Full board $16.50 Daily

  • Pasture only $6.60

  • Stable $24.00

  • Hay when required $6.75

Paddock Agistment in private paddock $28.00/day

Boxed Care Additional $7.00/day

Farrier Fees Charged to Monthly Account

Veterinary Care & Supplies Charged to Monthly Account

All the above rates include 10% GST

Payment: 30 days from receipt of invoice

10% interest is levied on overdue accounts

 

 AGISTMENT IS ALLOWED UPON THE FOLLOWING TERMS:

WHEREAS

1. Definitions

Claims” means all claims, investigations, demands, actions, proceedings, suits

causes of action, damages, debts, costs, verdicts and judgments including but not

limited to all claims arising from or out of damage to the Horse which relate to any

incident or matter occurring as a result of the Horse being exposed to disease,

injury or death whilst on the Ranch, or as a result of moving the Horse from the  Ranch

for the purpose of service, foaling or treatment, and whether at common law, equity

or under statutory provision.

Horse” means all of the Owner’s horses as set out in Schedule 1 and all other

stallions, geldings, mares, colts, fillies and their progeny both current and future. For

the purposes of this Agreement, the term Horse is both singular and plural, male and

female,

Owner” means the abovenamed and includes each owner, part owner, lessee,

partner, syndicate member, syndicate manager, company, corporate trustee or other

person who is legally recognised as an owner, joint and severally.

The Act” means the Personal Property Securities Act 2009.

Services” means agistment and animal husbandry.

2. Owner

2.1 The Ranch has agreed to provide Services to the Owner’s Horse from time to

time and shall be subject to the following terms and conditions and the

Owner, or other person on behalf of the Owner passing the Horse to the

Ranch, shall be deemed to have done so subject to these terms and conditions.

2.2 This Agreement shall not be assigned or transferred by the Owner.

2.3 In the event that this Agreement is executed by an agent or representative on

behalf of the Owner, or if the Owner is an organisation, the undersigned

guarantees that:

a. he/she has the authority of the Owner to enter into the Agreement;

b. he/she unconditionally and personally guarantees the full and prompt

payment of all the monies owed in respect to the Horse as well as the full

and prompt performance of obligations by the Owner;

c. the undersigned warrants full disclosure to the Owner of the terms of this

Agreement and any commission paid by the Ranch to the undersigned in

connection with this or any other contract; and

d. the warranty shall remain in effect regardless of whether the agent or

representative retains his or her status following the execution of this

Agreement.

3. Caveatable Interest

In the event that the Owner fails to pay the fees and/or monetary obligations in

accordance with this Agreement, or otherwise discharge its obligations, then the

undersigned and Owner, charges all it’s right, title and interest to any property now

or in the future owned or partly owned, solely or jointly in favour of the Ranch, to

better secure the fees and/or monetary obligations outstanding, with the due and

punctual observance and performance of all of the obligations of the Owner

contained in this Agreement. The Owner acknowledges that the Ranch may at its

discretion,  implement a caveat on the property in respect of the interest conferred on

it under this clause. In the event that the Ranch is required to exercise its right under

this clause against the Owner, then the Owner grants to the Ranch the right to

appoint a Receiver and sell the property.

4. Fees and Charges

4.1 The Owner agrees to pay all accounts within 21 days of invoice date. The

Owner agrees to pay each monthly account in full prior to receipt of the

following months account. Interest of 1.5% per month from the expiry of

that period calculated daily plus collection costs charged including indemnity

legal costs on a Solicitor/Client basis will be applied to all late payments. The

fees will be reviewed by 1 July every year. The Ranch sets its fees each

breeding season. The fees for the current season are identified as above

to this Agreement  and    The Ranch mayvary the fees from time to time and

will advise the Owner in writing of any changes.

4.2 The Owner appoints the Ranch as its Agent to make all decisions with respect

to the care and well being of the Horse and is solely responsible for the

payment of:-

a. transport costs of the Horse to and from the Ranch;

b. all treatments, drenching, examinations, procedures, operations, swabs and

medicines, DNA testing, micro chipping and branding administered to the

Horse while at the Ranch, whether administered by the Ranch, its Agents or

independent contractor whilst the Horse remains on the Ranch and any

other costs incurred. The Owner authorises the Ranch to obtain these

services on its behalf;

c. services and supplies including but not limited to services of farrier, horse

dentist, chiropractor, veterinarian or other person thought by the Ranch to

be necessary or advisable to attend the Horse. The Owner authorises the

Ranch to obtain these services and supplies on its behalf. There is no

warranty given by the Ranch as to the competence or judgment of a person

employed by or in contract with the Ranch in connection with the Horse;

d. all costs or any associated costs of entering the Horse in any auction and

pay to the Ranch a commission 2.5% of all gross sales of the Owner’s Horse,

whether by public auction or private sale.

 

4.3 All monies due to the Ranch and incurred by third parties in respect to the

Horse shall be paid by the Owner on or before the departure of the Horse

from the Ranch.

4.4 The Ranch shall be entitled to retain possession of any mare return, document

of description and all foal cards, or replacement foal cards until all monies

(including interest) and any collection or legal costs referred to in 4.1 and 4.2.

4.5 The Owner hereby provides an irrevocable instruction, direction and

authority to any sales company to pay any monies that are due at the time of

sale to the Ranch, from the sale proceeds of the Horse without requiring

further notification to the Owner. The acceptance of such funds or any sale

by the Ranch pursuant to this Agreement shall be without prejudice as to the

Ranch’s rights to pursue the Owner for any shortfall, or other damages without

restriction.

 

5. The Owner waives its rights as a debtor or Grantor under sections 95, 120,

121(4), 123(2), 129(2)(a), 130, 132(3)(d), 132(4), 135 and 137(2) of the Act.

 

6. Ranchs Rights To Dispose Of the Horse If Fees Unpaid

6.1 In the event that:

a. the Ranch retains possession of the Horse; and

b. a fee or monetary obligation is due to the Ranch; and

c. the Ranch has made demand in writing to the Owner for payment of the fee

or monetary obligation; and

d. the Ranch has not received the fee or monetary obligation in accordance

with the timeframe specified in the demand;

then, the Owner agrees that the Ranch may exercise any of the following at

its discretion:

i. retain possession of the Horse and have the ownership transferred to

the Ranch;

ii. the Ranch may dispose of the Horse and may retain all or part of the

proceeds of the disposal in payment of the fee or monetary obligation.

6.2 In the event that:

a. the Owner has possession of the Horse;

b. a fee or monetary obligation is due to the Ranch;

c. the Ranch has made demand in writing to the Owner for payment of the fee

or monetary obligation; and

d. the Ranch has not received the fee or monetary obligation in accordance

with the timeframe specified in the demand;

then, the Owner acknowledges and agrees that the Ranch is entitled to seize

the Horse pursuant to section 138C of the Act.

7. Verification Statement

7.1 The Owner waives its rights under s157 to receive a verification statement

due to the Horse being “commercial property” pursuant to the Act.

8. Transfer of Title

8.1 The Owner agrees not to enter into a sale, assignment or transfer of the

Horse without the consent of the Ranch. Any such purported transfer will be

in default of this Agreement. The Ranch agrees that it will not unreasonably

withhold its consent upon full payment of any fee or monetary obligation.

Page 2 of 3

9. Possession

9.1 The Owner acknowledges pursuant to section 86(1) of the Act that at the

time the security interest is made:

a. it is granted for value;

b. it is granted to enable amongst other things the Horse to be fed and

developed; and

c. the Horse was held by the Ranch.

10. Owners Warranty & Responsibilities

10.1 The Owner warrants, covenants and agrees with the Ranch: -

a. that the Owner is the registered Ranch Book Owner of the Horse with full

power and authority to enter into each of the provisions of this

Agreement;

b. that the attached Broodmare Information Sheet must be completed and

returned to the Ranch and all registration documents lodged with the Ranch;

c. that the correct Horse is delivered to the Ranch;

d. the information provided to the Ranch is accurate and current as at the date

of providing such information;

e. that upon delivery to the Ranch, the Horse is free of disease or infection and

is in sound breeding condition and that all vaccinations are up to date;

f. that upon leaving the Ranch the Horse shall be deemed to have been

delivered to the Owner;

g. that the Owner will provide at least 48 hours notice to the Ranch before

removing the Horse;

h. the Owner authorises the Ranch to pay all creditors who have provided

services or supplies to the Owner’s Horse. The Ranch is authorised to

deduct these costs from any sale proceeds, or in the alternative the Owner

agrees to reimburse the Ranch all such payments before the removal of the

Horse from the Ranch.

11. Insurance

11.1 The Ranch will not undertake responsibility for insuring the Horse, this is

entirely the Owner’s responsibility.

11.2 The Owner acknowledges that the breeding and rearing of thoroughbred

racehorses is a high-risk activity and that the Owner is required to insure

against such losses.

11.3 The Owner acknowledges responsibility for notifying the Ranch of any

insurance policies affecting the Horse and, if so requested by the Ranch, shall

produce to the Ranch the evidence of such insurance.

11.4 The Owner acknowledges that the Ranch is not responsible and cannot be held

responsible for any incidents which may void any insurance policy that the

Owner has for the Horse.

12. Hold Blameless Acknowledgement – Release & Indemnity

12.1 The Owner:-

a. Acknowledges and agrees that they have been given the opportunity to

inspect the Ranch and its facilities and that they meet the standard applicable

to the thoroughbred breeding industry and that the Ranch shall endeavour to

provide all care good husbandry and attention to the Horse. The Ranch will

be held blameless by the Owner in respect to any infection, disease, death

or Claims in respect to the Horse.

b. Releases the Ranch, its owners, directors and shareholders, employees,

servants and agents from any Claims.

c. Agrees to indemnify and keep indemnified the Ranch against any liability or

loss arising from, and any costs, charges, expenses and liabilities incurred in

relation to any Claims relating to the Horse and in each case, including but

not limited to, Solicitor/Client legal costs and expenses on a full indemnity

basis.

d. Further the Ranch shall not be liable for any negligent act or any loss, damage

or Claims of whatsoever nature or howsoever arising out of this

Agreement from injury, sickness, disease or death caused to or sustained

by the Horse

and/or any progeny whilst under the care or control of the

Ranch or its employees and agents. The Ranch shall not be liable to the Owner

for any loss, damage, costs or expense arising out of any injury, damage or

death or Claims which may arise or be caused and notwithstanding the

same is attributable to or is in part attributable to recklessness, negligence,

forbearance or neglect by the  Ranch, its servants or agents or any other

person in whose care or control the Ranch may place the Horse.

13. Legal Advice

13.1 The Owner represents and warrants that it has obtained independent legal

advice or has been given the opportunity to seek legal advice in relation to

the terms and effect of this Agreement.

14. Lien and Power of Attorney

 

14.1 The Owner appoints the  Ranch as its Attorney:

a. To execute and file any liens, irrevocable authorities, all and any notices and

documents u  in any jurisdiction or to any entity believed to be appropriate to

secure any obligation of the Owner to the Ranch , whether arising by the owing

of fees or monetary obligations or otherwise.

b. Without notice to the Owner, take possession of the Horse and either

retain the Horse in lieu of the obligation, or re-sell the Horse privately or

publicly in a manner in its sole discretion it believes to be advisable, in

which event the  Ranch shall credit the proceeds of the sale, after expenses of

sale and maintaining the Horse, to the Owner's obligation to the Ranch. This

right is in addition to all other rights to which the Ranch is entitled under

law.

15. Notice

15.1 Any notice given by the Ranch to the Owner pursuant to this Agreement shall

be deemed to be served on the Owner five working days after the posting of

such notice in a pre-paid envelope addressed to the Owner at the Owner’s

address as set out in this Agreement or such other address notified to the

 Ranch by the Owner in writing notwithstanding that any such notice may not

be received by the Owner.

16. Amendments

16.1 The  Ranchreserves the right to review these terms and conditions at any time.

If following any such review, there is to be any change to these terms and

conditions, then that change will take effect from the date on which the Ranch

notifies the Owner of such change.

17. General

17.1 If any provision of these terms and conditions are invalid, void, illegal or

unenforceable, the validity, existence, legality and enforceability of the

remaining provisions shall not be affected, prejudiced or impaired.

17.2 The failure by the  Ranch to enforce any provision of these terms and

conditions shall not be treated as a waiver of that provision, nor shall it affect

the Ranch’s right to subsequently enforce that provision.

17.3 This Agreement is governed by and construed in accordance with the laws of

New South Wales. The parties submit to the exclusive jurisdiction of its

courts and courts of appeal from them. The parties will not object to the

exercise of jurisdiction by those courts on any basis.

18. Acceptance

18.1 The Owner’s acceptance of these terms is signified by  undertaking Agistment

Agreement or delivery of the Horse  to the Ranchy, or by

permitting the Horse to remain at the  Ranch after the date of this Agreement.