Horse Movements

All horses bought to the facility must have completed a horse movement form for biosecurity reason.

All visitors to the facility who intend to ride or interact with horses must complete this form.

Release and Waiver of Liability Information:

Horse Riding is a Dangerous Activity

• I understand and acknowledge that horse riding is a dangerous activity and that horse can act in a sudden and unpredictable way, especially if frightened or hurt.
• I understand and acknowledge that serious injury or deathly result from horse riding/handling activities.
• I agree to ride and interact with horses at the grounds at my own risk.
• I agree to abide by the law and not handle a horse or ride whilst under the influence of drugs and/or alcohol.
• I agree to disclose any pre-existing medical condition that may increase the risk that ether myself or any other person will suffer injury, loss or damage.

Conduct

• I agree to follow all rules, regulations and signage as set out by the Blackwater Equestrian Complex Inc. and that any misconduct refusal be me to follow the rules/by-laws will result in my immediate removal from the facility.
• I agree to wear the necessary personal protective equipment to protect me whilst riding  and interacting with horses.
• If I suffer any injury or illness, I agree that the Event Organiser and/or Blackwater Equestrian Complex Inc. Members or Committee may provide transportation, first aid and/or medical treatment to my own expense, and my acceptance of these terms and conditions constitutes my consent to such.

Horse Health

• I agree that any horses brought to the Blackwater Equestrian Complex Inc. facility will be in good health, eating normally and not showing any signs of illness during the three days leading up to arrival at the facility.
• I understand that by submitting the form below this constitutes a complete and unconditional release of all liability of Blackwater Equestrian Complex Inc. Management Committee and Members, to the greatest extent allowable by law, in the event of myself and/or the children (or animals) under my care, suffering injury or death.

Please complete the maintenance request form to notify the committee of any issues requiring attention.

The committee at the Blackwater Equestrian Complex take complaint seriously and investigate any reported issue. If you wish to make a complaint please complete the form.

All stabling members who have been approved to stable at the facility must complete this form.

The land agistor is: Blackwater Equestrian Complex Inc. (BECI)

The agistment property is: Lot 16 HT475 Columba Access Lane, Blackwater Qld

Definitions

• ‘Owner/Agistee’ includes the personal representative, employees and agents of the horse owner.
• ‘Agistor’ includes the personal representatives, successors in title of the land.
• ‘Month’ means calendar month.
• ‘Term’ means a number of months from this date.

Entire Agreement

  This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. 

By this agreement, the Owner/Agistee agrees to place horse(s) and the Agitor agrees to accept them, in these terms.

Your signature on the final page of this agreement indicates your acceptance of the terms and conditions outlined in the pages of this document.

The Agistor has a right to agist the horse on the Property.

The Owner/Agistee wishes to arrange for the agistment of the horse(s) for a 12 month term in accordance with this agreement. The Agistment Agreement will be up for renewal every 12 months.

Agistment facilities are available to financial members of the BECI. Membership is separate to this Agistment Agreement.

The application for agistment must be made by a member over the age of 18 years. The Agistee is the person responsible for the care, custody and control of a horse residing at BECI. All costs connected with the agistment of the horse are borne by the Agistee.

Once signed, this document will become a contract between BECI and the Owner/Agistee. A probation period of 2 months applies to all new Agistees.

If an agisted horse is removed from the grounds for a period of over seven days without informing the Management Committee, it will be assumed that the agistee no longer requires their spot and their Agistment Agreement will be deemed to be terminated, the membership will continue until the relevant expiry date as a non renting membership.

Requirements Upon Entry

  For the Agistment Agreement to be valid, the Committee must have approved the horse and Member at a Committee meeting. There may be a background check on the rider and/or horse, and the owner must comply with any requests for information.

A new Member must be a fully paid financial member, must also pay a Bond to be held by the club until the horse is officially removed from the grounds and no new Agistment Agreement is entered into. 

A Committee Member will be present when your horse is wormed upon entry to the grounds. 

Under no circumstances are members allowed to bring a new horse onto the grounds without prior approval from the Management committee. A formal warning will be issued in the first instance, in the second instance the members Agistment Agreement will be terminated and the member will have 7 days to remove all of their horses.

Upon arrival, all new horses are to be placed in a designated quarantine bay. The horse is required to be kept in the designated area for a (5) five-day period before being released. After this time, with the authority of a Committee Member, the horse will be allowed to use the common facilities and be put in its allocated day yard.

A Committee member must clear your horse as healthy before being allowed to remain on the grounds.

All horses are to be admitted to the grounds on a (3) three-month probationary trial period. Satisfactory completion will be dependent upon whether any formal warnings have been issued. The Committee will determine after the probationary period whether the horse shall be allowed to remain on the grounds as an agisting animal. Any decision of the Committee in this regard is final.

Stallions and rigs are not permitted to be agisted. Colts over 1 year are not permitted.

Mares over 8 months gestation are not permitted.

Mares and foals are not permitted. 

Agistment Fees 

Only direct debit payments will be accepted as payment, no cash or cheques.

The Owner agrees to pay the fees to the Agistor as follows:

Description - 2 stables, 1 tack room, 1 day yard or 3 stables, 1 tack room, 1 day yard

 Amount per Week - $25.00 / $35.00

Agistment fees must be paid in advance.

It is mandatory that the payment be set up as an automated electronic transfer, weekly, fortnightly or monthly into the BECI bank account, with a reference of surname and complex number or horse name.

Bank account details:

Blackwater Equestrian Complex Inc. BSB: 014511 ACC:2170 45066

Interest at 5% per month is payable on accounts overdue by 30 days.

Agistment may be terminated if payment is more than 2 weeks in arrears.

Failure to Pay Agistment Fees

A late fee will be imposed from the 2nd of each month, for each month or part thereof and the fee accumulates until any outstanding amounts are paid in full.

By signing this agreement, I agree that in the event of arrears of agistment payments of 3 months, my horse(s) will be forfeited to BECI to enable agistment fees to be recovered.

I agree to provide 4 weeks written notice or payment in lieu of departure from BECI and to pay the stipulated accounting fee in the event my agistment payments are in arrears and any costs and fees incurred by the complex in recovering amounts due.

Penalty: Failure to comply with these requirements, may result in a formal letter of warning being issued. Agistment may be terminated if payment is more than 2 weeks in arrears. 

Bond

The Agistor will pay a rental bond equal to 2 months (8 weeks) rent per complex ($_200_) to be paid at the start of this Agreement. Bond will be refunded at the end of the lease/rental term. 

The bond will be refunded to the Agistee/Owner provided there are no claims for the following outstanding costs:

• Outstanding rental fees.
• Outstanding membership fees.
• Repair costs for damages caused by the Agistee/owner or their horse/s (not repaired by the Agistee/owner) i.e. fences, capping rails down etc.
• Cleaning costs relating to any excessive manure or remnants of old hay left in day yards/stables. Or any mess left in tack shed

($100 - amount dependent on amount of manure and or hay left to be removed) 

Facilities

  This agreement allows the Owner to the use of BECI facilities such as, round yard, square yard, sand roll, all riding areas as designated and use of the lights when required. Parking of floats is allowed using the designated float parking areas. 

Stables, Tack Rooms & Day Yards:

• The horse(s) will be kept in stables and/or fenced off areas (Day yard) described above as the agistment property. 
• Owner is responsible for keeping the outside area around the stable and day yard clean and tidy, this includes emptying of rubbish bins and maintenance (mowing) of the grass around the stable and day yard. 
• Owner is responsible for the maintenance of the day yard and the spraying of noxious weeds inside their day yard. (I.e., Parthenium, Harrissia Cactus, marshmallow weed etc).
• Maintenance of the building is the responsibility of the Agistor. Notice of areas which require maintenance should be advised to the Agistor as soon as possible after discovery. Maintenance that relates to the safety of the horse must be performed within 7 days of receiving notice. Non urgent maintenance will be considered in the yearly maintenance plan of BECI. 
• Water will be provided for the property at no additional charge. However, notice of leaks must be advised to the Agistor immediately on discovery. Damage to the property resulting from unreported water leaks will be repaired by the Agistor and charged to the Agistee. 

Any damage caused by horses, vehicles or any person to any property on BECI grounds will be required to be repaired at owners expense or pay for damages.

Obligations and Responsibilities if the Agistor

  The agistor must not remove agisted horse(s) from the property without the Owners consent, except where there is an emergency (for example fire or flood). In case of such an emergency the BECI Fire Survival Plan will be implemented.

The Agistor agrees that they will:

• Advise the Owner if for any reason, the site becomes unsuitable for agistment e.g., if dams are contaminated with blue green algae. 
• Advise the Owner of disease, accident, or injury to horse (but would not be liable unless this was due to negligence).
• Maintain the fences, stables and stable yards in good repair. 
• Supply drinkable water to stables and day yards.
• Maintain all common areas.
• Keep noxious weeds sprayed around the property and common areas.

Owner/Agistee Obligations

  The Owner/Agistee warrants that: 

• The horse is free of disease. 
• If the horse has characteristics or vices that would tend to cause problems or require special treatments, the Agistor will be notified as soon as possible. 
• The horse has no behavioral problem that the Owner has not disclosed to the Agistor in writing.  

The Committee requires each horse to be supplement fed daily according to their dietary needs. If for any reason the horse is put on any form of diet prescribed by a veterinarian, the Agistee is required to inform the committee in writing with a copy of the diet. The Agistee gives the committee permission to contact the vet and discuss the said diet. This will be monitored by the management committee. 

It has been deemed necessary that all horses agisted at BECI are required to have access to round bales of low nutritional value at all times. This has been a mandatory decision based on the welfare of the horses.

All horses are to be fed twice a day in circumstances where they are confined to the sick bay or kept in their stable and do not have access to grass or a round bale. 

Penalty: For repeated failure to abide by these requirements, a formal letter of warning will be issued and the Agistment Agreement could be terminated by the Management Committee.

The Owner now promises that they will:

• Be responsible for the health and care of their horse(s).
• Provide the animal with proper and sufficient food, exercise, water and shelter.
• If a horse required special dietary needs other than what is stated, please provide the Management Committee with supporting documents.
• Comply with all laws and practice relating to the ownership and keeping of horses.
• Maintain a 12 weekly worming program for horse/s and provide evidence of same to the Agistor.
• Ensure the horse is current with annual strangles and tetanus vaccinations and provide evidence of same to the Agistor.
• Keep correct movement records and provide a copy to the Agistor.
• Repair any damage to the Property or to the Agistor's fixtures and fittings caused by the horse, and to pay any costs incurred by the Agistor carrying out such works in default.

Insurance

  The horse is at the Owner/Agistee’s risk at all times as are any injuries caused by riding or attending to the horse. It is the Owner/Agistee’s responsibility to insure the horse and horse equipment/gear against all risks while they are at the Property or being transported to and from the Property. The Agistor shall not be responsible for any disease, accident, illness, or injury howsoever caused or arising to the horse whilst transporting to or from the Property, or at the Property. 

The Agistor will be responsible for insuring the public against risk at the property. 

It is the Owner/Agistee’s or person entering into this agreement’s responsibility to obtain adequate insurance at their own costs for the horse(s) including coverage for any other people riding their horse(s) against all risks of accident and injury as well as theft while they are on the property. 

The Owner/Agistee understands and acknowledges that horse riding is a dangerous activity and that horses can act in a sudden and unpredictable (changeable) way, especially if frightened or hurt. The Owner understands and acknowledges that serious injury or death may result from horse riding activities. The Owner/Agistee agrees to ride at their own risk. The Owner/Agistee agrees not to drink alcohol or take drugs prohibited by law whilst riding a horse or handling horses on BECI grounds. 

The Owner/Agistee agrees to obey and will comply with all reasonable rules and/or directions made or given by BECI in connection with the Agisting and/or Riding of horse(s). In particular the Owner/Agistee acknowledges that it has been advised to always wear an approved helmet whilst riding and appropriate footwear when handling and/or riding the horse(s), however it is only mandatory for any rider under 18 years of age to wear a helmet whilst riding and working horses.

Veterinary Call Out

BECI will make all efforts to inform the Owner/Agistee if the horse falls ill, however if consent/contact is not successful, the Owner fully authorises BECI to engage a farrier, veterinarian, or other practitioner on their behalf and at the Owner/Agisteer’s expense to perform any service or treatment that is considered necessary and reasonable at its absolute discretion. In an extreme situation only (i.e., broken leg), and after unsuccessful attempts to contact the Owner, the Agisted horse Owner extends to BECI the right to ‘euthanize’ their horse where a veterinarian recommends doing so and other third-party opinions have been sought and concur. This right is only to be used where waiting for approval will greatly increase the agony of the horse in a hopeless situation or present a serious threat to the welfare of BECI members, the veterinarian, the horse, or other horses. 

The Owner/Agistee now irrevocably agrees to pay the vet's fees if the Agistor does this.

Miscellaneous Matter

BECI will make all efforts to inform the Owner/Agistee if the horse falls ill, however if consent/contact is not successful, the Owner fully authorises BECI to engage a farrier, veterinarian, or other practitioner on their behalf and at the Owner/Agisteer’s expense to perform any service or treatment that is considered necessary and reasonable at its absolute discretion. In an extreme situation only (i.e., broken leg), and after unsuccessful attempts to contact the Owner, the Agisted horse Owner extends to BECI the right to ‘euthanize’ their horse where a veterinarian recommends doing so and other third-party opinions have been sought and concur. This right is only to be used where waiting for approval will greatly increase the agony of the horse in a hopeless situation or present a serious threat to the welfare of BECI members, the veterinarian, the horse, or other horses. 

The Owner/Agistee now irrevocably agrees to pay the vet's fees if the Agistor does this.

  Riders under 18 years must wear an approved safety helmet and suitable riding boots.   

Boots/enclosed footwear are to be worn when conducting activities around horses.   

Horses to be washed in wash bays only, keep areas around stables dry. Water use to be kept to a minimum. Reimbursement will be required in the event of taps being left on. Once can be described as an accident twice or more is negligence and will be charged at $50 per event. 

Agistee’s are expected to contribute to the general upkeep of the club grounds and facilities and participate in working bees.

Agistee’s are expected to follow and abide by ALL policies and procedures set out by the committee.

Penalty: For repeated failure to apply these requirements, a formal letter of warning will be issued.

Failure to Comply with By-laws

In the event that an Agistee receives, in any 12 month period, (3) three formal letters of warning from the Committee, the Committee will terminate that Member’s Agistment Agreement and membership and the relevant bond will be forfeited.

A notice to remove your horse within (14) fourteen days will then be issued. If on receiving notice to remove the horse, it has not happened by the due date, the horse will be deemed abandoned and delivered to the RSPCA at the Agistee’s expense.

Termination

The Owner may terminate this agreement upon (4) four weeks’ notice given at any time, without giving a reason.

Agistees must provide the Management Committee with 2 weeks written notice if the horse is to be removed from the complex.

Once you have notified the club of your intention to remove a horse, your bond may be used to pay your final 4 weeks agistment, please advise the Committee in advance if this is your preference. 

If you fail to give the club (4) four weeks’ notice you will forfeit your bond.

Under no circumstances are membership fees refundable.

Your bond will be refunded to you, provided no monies are outstanding to the club (i.e., agistment fees, cleaning fee etc)

The termination of this agreement does not cancel any outstanding obligations between the parties. 

By signing this agreement, the Owner acknowledges that failure to abide by the rules of BECI can result in any or all the following penalties:

• Termination of the membership.
• Additional fines and/or fees being charged. 
• Actions as outlined in the Behaviour Management Policy.

Compliance with Laws

The Agistor warrants to comply with all local, state, and federal laws and shall not violate any law in connection with the caring for, feeding, maintenance of the horse.

Either party must notify the other immediately if they become aware that the horses are suffering from any significant or notifiable sickness, disease, or injury.

Service of Notices

 Any notice to be served on either party shall be sent by hand or by first class post or recorded delivery or by email and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by email to the nominated email address.  

Counterparts

This agreement may be executed in any number of counterparts or duplicates, each of which shall be an original, and such counterparts or duplicates shall together constitute one and the same agreement.

The schedules, if any, to this agreement are part of the agreement and have the same force and effect.  

Dispute Resolution – In the event of a dispute arising out of or in connection with this agreement the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.  

The parties have carefully considered all the above conditions and agree that they are all reasonable and required in a contract such as this contract properly to protect the parties.  

The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the Queensland courts.

Consent

I, the owner of the horse(s),  have read, understand and accept the terms and conditions of this agistment agreement and agree to abide by them.