Fillable Printable Part Time Horse Lease Agreement

Part Time Horse Lease Agreement

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PART TIME HORSE LEASE AGREEMENT

1. PARTIES.

This Part Time Horse Lease Agreement is made and entered into as of this ________ day

of _________________________ (Month, Year) by and between

Name: ____________________________________________________________________

Address: __________________ _________________________________________("Lessor")

And

Name: _________________________________________________________________

Address:__________________________________________________________, ("Lessee").

2. HORSE.

Lessor leases to Lessee and Lessee leases from Lessor for the term, at the rental, and

upon all of the conditions set forth herein, the part-time use of that certain Horse more fully

described as follows:

Name:_______________________________: DOB:_____________________; Sex:____

Color:_______________________; Breed:_____________________________________

Registration Number:______________________________________________________

Brand:__________________________________________________________________

Location:________________________________________________________________.

3. TERM.

3.1. Term. The "Term" of this Lease shall commence on :_____________

(“Commencement Date”) and terminate on:_______________________ (“Termination Date”)

unless sooner terminated pursuant to any provision hereof.

3.2 Early Termination. Either party may terminate this lease prior to the stated date

of termination date by giving the Lessor five (5) days prior written notice. If the Horse is in

possession of the Lessee, Lessee at his/her/ its own expense, shall deliver possession of the

Horse to Lessor on or before the expiration of the five (5) day notice.

3.3. Obligations and Rights Upon Lease Termination. Lessee expressly covenants

and agrees that upon termination or cancellation of this Lease, Lessee shall have no further rights

in or to the Horse.

4. RENT.

4.1. Rent. Lessee shall pay to Lessor as rent for the use of the Horse during the Term

the total sum of $____________________ Dollars (monthly rent x number of months), payable

in equal monthly installments of ______________ Dollars, in advance, on or before the first day

of each month of the Term. The first monthly rental shall be due on _____________ (Day,

Month, Year) and a like payment shall be due on the _________ day of each successive month

thereafter. Rent shall be payable without notice or demand and without deduction, offset, or

abatement, to Lessor at the address stated herein or to such other person or at such other place as

Lessor may designate from time to time.

4.2. Late Fees. Lessor shall charge Lessee and Lessee shall pay a late fee of $______

if the monthly rental is not paid by the 5th day after its due date and $______ for each day the

rental payment remains unpaid thereafter.

5. REFUNDABLE DEPOSIT.

Lessee shall pay $_____________ in advance as a refundable deposit for the

performance of the terms and conditions of this lease. Lessee shall not be entitled to any refund

of the deposit unless the Lessee complies with all provisions of the Lease. Unpaid rent or Late

Fees, and any other un-reimbursed expenses incurred by Lessor for Lessee’s benefit shall be

deducted from the deposit and the balance, if any, returned to Lessee within _____ days of lease

termination.

6. USE.

6.1. Days of Use. Lessee shall be able to use the Horse on the following days and

times during the term of this lease:______________________________________________

__________________________________________________________________________.

6.2 Type of Use. Lessee covenants that during the term of this Lease, the Horse shall

be used for the sole purpose(s) of: (check all that apply) ___showing __________trail riding

____ Pleasure riding _____ training ___Other (describe)_____________________________

____________________________________________________________________________.

Lessee further represents that the only persons who may use the Horse during the Lease Term

are _______________________________________.

Lessee shall not use the Horse for any other purpose except as set forth herein unless agreed to in

writing by Lessor.

6.3 Trainers. During the term of this Lease, Lessee shall only use the following

trainer(s)______________________________________________

6.4. Compliance with Law. Lessee, at Lessee's expense, shall at all times the Horse

is in Lessee’s possession, comply with all applicable statutes, ordinances, rules, regulations,

orders and requirements in effect during the Term regulating the use, care or boarding of the

Horse.

7. CARE AND MAINTENANCE.

7.1. Lessee's Obligations. If during the term of this Lease the Horse is in the

exclusive possession of Lessee, Lessee shall, at Lessee’s sole expense provide reasonable care for

the Horse, including but not limited to a safe, clean environment, regular and adequate food and

water, all veterinary care, hoof care, grooming and exercise.

7.2 Lessor’s Obligations. If during the Term of this Lease the Horse remains in the

possession of the Lessor at Lessor’s stable, then Lessor shall provide all care for the Horse.

7.3. Lessor' s Rights. If Lessee fails to perform Lessee's obligations under paragraph

7.1, Lessor shall have the right, at its option, to declare a breach of the Lease Agreement and

enter the Lessee’s premises, and re-take possession of the Horse or Lessor may discharge

Lessee’s obligations to pay veterinary, feed or boarding expense and the cost thereof shall

become due and payable to Lessor as additional rent, to be paid with Lessee's next rent

installment.

8. LESSEE’S REPRESENTATIONS AND WARRANTIES.

8.1 Lessee represents and warrants to Lessor the following: 1) Lessee is not a minor

or incompetent person and is authorized and empowered to enter into this agreement; 2) Lessee

will not allow or cause any lien, charge or other encumbrance to be asserted against the Horse or

Lessor’s ownership thereof; 3) Lessee has the ability, knowledge and skill necessary to care for

and maintain the Horse in good physical condition; 4) Lessee shall maintain safe and clean

boarding facilities and care for the Horse in a proper manner consistent with accepted equine

practices and 5) Lessee shall not sell, transfer or relocate the Horse without the express written

consent of Lessor.

9. LESSOR’S REPRESENTATION AND WARRANTIES.

9.1. Lessor represents and warrants to Lessor the following: 1) Lessor is the owner of

the Horse; 2) Lessor is authorized and empowered to enter into this agreement; and 3) the Horse

is fit for the stated purpose and use set forth herein.

10. ASSIGNMENT AND SUBLETTING.

10.1. Lessor's Consent Required. Lessee shall not voluntarily or by operation of law

assign, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in the Horse

or this Lease without Lessor's prior written consent. Any attempted assignment, subletting,

transfer or encumbrance without Lessor's consent is void and shall constitute a breach of the

Lease. Consent to one assignment or subletting shall not be deemed consent to any subsequent

assignment or subletting.

10.2. No Release of Lessee. Regardless of Lessor's consent, no subletting or

assignment shall release Lessee of its obligation to pay rent and to perform all of Lessee's other

obligations hereunder for the Term. The acceptance of rent by Lessor from any other person

shall not be deemed to be a waiver by Lessor of any provision hereof.

11. INSURANCE.

11.1. Property and Liability Insurance. In the event that Lessee is in the exclusive

possession of the Horse during the Term of this Lease, then Lessee shall maintain throughout the

Term, at its sole cost and expense, insurance against loss or injury to the Horse in the amount of

$__________ and comprehensive general liability insurance, providing a combined single limit

of liability of not less than $_____ per occurrence. Lessee shall furnish Certificates of

Insurance evidencing the coverage specified above. The Certificates shall show Lessor as an

additional insured, and shall provide for at least ten (10) days' written notice to Lessor of

cancellation or material change.

12. INDEMNITY; ASSUMPTION OF THE RISK.

12.1 Indemnity. Lessee shall indemnify and hold Lessor harmless from any and all

claims, demands, liability, damages, judgments or actions arising from Lessee's use or

possession of the Horse, including any and all costs, attorney's fees, expenses and liabilities

incurred in the defense of any such claim or any action brought thereon.

12.2 Assumption of the Risk. Lessee understand that engaging in equine activities is

an inherently-dangerous activity, and that, by so doing, Lessee is exposed to dangers both

known and unknown. Horses are large, unpredictable animals which may be dangerous no

matter how much training they have, no matter what level of experience Lessee has, and no

matter what the situation. Lessee agrees and understands that Lessor can not control the

Horse and that Lessee shall release and hold harmless Lessor from any injury arising out

of or related to equine activities. Lessee assumes all risk of damage to property or injury to

persons as a result of Lessee’s use of the Horse and Lessee waives all claims in respect

thereof against Lessor, even if damage or injury arises out of the act or omission of Lessor.

13. DEFAULTS; REMEDIES.

13.1. Defaults. The occurrence of any of the following events constitutes a default and

breach of this Lease by Lessee: 1)The failure by Lessee to make any payment of rent or any

other payment required to be made by Lessee hereunder, as and when due, where the failure

continues for a period of five (5) days after notice thereof from Lessor to Lessee; 2) the failure

by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease

which Lessee is required to observe or perform.

13.4. Remedies upon Default. If Lessee defaults under or breaches this Lease, Lessor

shall have the right at any time thereafter, without notice or demand and without limiting Lessor

in the exercise of any right or remedy which Lessor may have by reason of the default or breach,

to: 1) Terminate Lessee's right to possession of the Horse by self help repossession or any lawful

means, in which case this Lease shall terminate and Lessee shall immediately surrender

possession of the Horse to Lessor; 2) Pursue any other remedy now or hereafter available to

Lessor under the laws or judicial decisions of the state in which the Horse is located.

Additionally, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by

reason of Lessee's default including, but not limited to the cost of recovering possession of the

Horse and reasonable attorney's fees and court costs. Any unpaid installments of rent or other

sums shall bear interest from the date due at the rate of _____ percent (__ %) or the maximum

rate permissible under state law.

13.5. Default by Lessor. Lessor shall not be in default unless Lessor fails to perform

obligations required of it within a reasonable time, but in no event later than thirty (30) days after

notice by Lessee to Lessor, specifying in what manner Lessor has failed to perform such

obligations.

14. SURRENDER OF POSSESION.

On the last day of the Term, or on any sooner termination, Lessee shall surrender the

Horse to Lessor in good condition.

15. BINDING EFFECT.

Subject to any provisions hereof restricting assignment or subletting by Lessee and

subject to the provisions of paragraph, this Lease shall bind the parties, their personal

representatives, heirs, successors and assigns.

16. LESSOR'S ACCESS.

Lessor and Lessor's agents shall have the right to examine the Horse at reasonable times

for the purpose of inspecting, showing to prospective purchasers, as Lessor may deem necessary

or desirable.

17. TIME OF ESSENCE.

Time is of the essence in the performance of all covenants and conditions of this Lease.

18. NOTICES.

All demands, notices, consents, or other communications required or permitted to be

given or sent by either party to the other, shall be deemed to have been duly given (1) if

delivered by personal delivery, when delivered, (2) if mailed, three business days after being

deposited in the United States mail, certified or registered mail, return receipt requested, and

postage prepaid, to the address below ( 3) if sent by facsimile, upon transmission to the facsimile

numbers below provided that a copy is promptly sent by U.S. mail and a transmission receipt is

provided (4) if sent by courier, the business day after being sent by a nationally reputable

overnight courier service.

Lessor:_______________________

_______________________

Fax No.________________

Lessee:_______________________

_______________________

Fax No.________________

19. GENERAL PROVISIONS.

19.1. Severability. The invalidity of any provision of this Lease, as determined by a

court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.

19.2 Choice of Law. This Agreement shall be governed by the laws of the State

of________________. Any legal action commenced to enforce or interpret this Agreement shall

be brought in state or federal courts with the appropriate jurisdiction, located in

_________________ (County) ______________ (State). The parties hereto consent to both

venue and jurisdiction.

19.3. Waivers. No waiver by Lessor of any provision hereof shall be deemed a waiver

of any other provision or of any subsequent breach by Lessee of the same or any other provision.

Lessor's consent to or approval of any act shall not render unnecessary the obtaining of Lessor's

consent to or approval of any subsequent act by Lessee.

19.4. Covenants and Conditions. Each provision of this Lease to be performed by

Lessee shall be deemed both a covenant and a condition.

195. Headings, Terms. The headings contained herein are for convenience purposes

only and shall not be used to interpret nor be deemed to extend or limit the specific sections. The

terms "Lessor" and "Lessee" shall be construed to mean, when required by the context, the

directors, officers, employees, invitees, servants and agents of Lessor or Lessee.

19.6. Attorney's Fees. If either party named herein brings an action to enforce the

terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on

trial, arbitration or appeal, shall be entitled to reasonable attorney's fees to be paid by the losing

party as fixed by the court or arbitrator.

19.7. Execution and Delivery. This Lease shall not be binding nor confer any rights

upon either party unless and until executed and mutually delivered by and between both parties.

19.8. Relationship of Parties. This Lease does not create the relationship of principal

and agent or a partnership or joint venture, or of any association other than that of Lessor and

Lessee.

20. ENTIRE AGREEMENT.

All preliminary and contemporaneous agreements and understandings are merged and

incorporated into this Lease which contains the entire agreement between the parties. This lease

may not be modified or amended in any manner except by an instrument in writing executed by

the parties.

21. COUNTERPARTS.

The Agreement may be executed in any number of counterparts, each of which shall be

deemed an original. All of which together shall be deemed as one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first

above written.

LESSOR:

Signed: ________________________

Name: __________________________

(printed)

LESSEE:

Signed: _______________________

Name: ________________________

(printed)