Bright Futures Farm, Inc.
Bright Futures Farm
44793 Harrison Road
Spartansburg, PA 16434
Phone: 814.827.8270
email:info@brightfuturesfarm.org
PLACEMENT CONTRACT
Our placement contract covers basic horse care and disposition of the horse if your circumstances change and you can no longer keep the horse you have chosen. By choosing a horse from Bright Futures Farm, Inc., you are saving two lives – the horse you choose, and the one who takes his place. Again, although we’ve addressed it in the letter to prospective caregivers, I’ll address it again – please be sure you are looking for a long term relationship, and that you know your skill level and what your level of confidence is when handling a horse on the ground and under saddle.
For the purpose of this agreement the term “adoption” has been replaced with the term “placement”. The term “adopt” has been replaced with the term “place”, and “adopter” is replaced by “caregiver”. We choose this designation because, while we want the horse we place with you to stay with you forever, we realize that your circumstances could change over the years. If we use the term “adoption” as defined by Webster’s Dictionary, it infers the transfer of ownership. Therefore, while we hope our horse has a life long home with you, we never transfer “ownership”, and therefore, we will not refer to you as an “adopter”, but rather as a “caregiver”.
Adoption and Placement are both defined for the purpose of this contract and/by our organization, Bright Futures Farm, Inc., as “the transfer of care (not the transfer of ownership) of a horse owned by Bright Futures Farm, Inc. to an approved individual (adopter/caregiver) for the period of time provided for herein… that period of time to be determined by the rules that govern this contract as stated below, with the adopter/caregiver providing for said horse as if that horse were their own, which includes, but is not limited to, a healthy horse with a Henneke Body Condition Score (BCS) of no less than five and no more than seven (see our web site for information on the Henneke BCS or consult your veterinarian) regular farrier care, regular dental care, regular de-worming, regular and emergency medical care, annual vaccinations as advised by adopters/caregivers vet, & any damages that occur directly or indirectly as a result of an action that directly or indirectly involved said horse, all to be provided at adopters/caregivers expense.”
The terms Adopter and Caregiver are both defined, equally, for the purpose of this contract and/by our organization, Bright Futures Farm, Inc., as “the individual to whom the care of said horse has been transferred to”. Once a horse is placed with you, you will be the adopter/caregiver for as long as you provide above average care for the horse as per the terms of this agreement and for as long as you wish to keep the horse (as long as you are providing care as per the terms of this contract). Again, we hope that you will keep the horse for the remainder of the horses life, but if you cannot…your ONLY alternative is to return the horse to Bright Futures Farm, Inc.
Your spouse, domestic partner (referred to as “DP” herein) or co-applicant (referred to as “CA” herein) is also required to provide initials on this contract where indicated, and sign this contract to acknowledge they are aware of the terms of our agreement. Your spouse, domestic partner or co-applicant must know the terms of this contract, should something happen to the caregiver so that your spouse, domestic partner or co-applicant does not illegally (unknowingly) transfer ownership of the horse or dispose of horse in the event of divorce, death, separation or incapacitation of you, the caregiver.
All that said, our contract is as follows:
►AGREEMENT made this ______day of ____________________month), ____________(year), by and between BRIGHT FUTURES FARM ►(hereinafter referred to as “BFF”) and _______________________________, (hereinafter referred to as “CAREGIVER”). In consideration of the mutual covenants herein, and being legally bound, hereby, the parties agree as follows: BFF agrees to place _________________described as: ________________________________, with a Henneke BCS of ______ (hereinafter referred to as “HORSE”) to CAREGIVER on this _________ day of _________(month), _______(year), for the purpose of providing a safe, healthy and loving home for the HORSE.
1. CAREGIVER agrees that BFF is placing the HORSE with CAREGIVER in exchange for CAREGIVER’S agreement to comply with the terms of the Placement Contract and provide adequate care at the expense of CAREGIVER. Placement donation is $___________.
2. HORSE may not be raced, bred, sold, given away, assigned, transferred, leased, or euthanized while healthy by CAREGIVER. In the event that CAREGIVER is no longer able to financially care for HORSE, or no longer wants HORSE, CAREGIVER will immediately notify BFF and will only release HORSE to BFF (see item 15, below). CAREGIVER understands the horse is CAREGIVER’s responsibility – to care for as a member of their family – once they choose a horse, i.e. CAREGIVER understands that BFF is looking for a permanent home to provide a stable environment for HORSE. CAREGIVER will be required to provide adequate care as per this contract.
Furthermore, CAREGIVER understands that if CAREGIVER chooses to breach contract by selling, trading, giving HORSE away or “losing” HORSE that CAREGIVER will be financially bound to pay BFF the sum of $3000.
HORSE is the sole property of BFF. CAREGIVER is bound by contract to contact BFF if CAREGIVER no longer wants HORSE. ______initials _____initials spouse, CA or DP
3. Cost to transport HORSE at the time of placement is the sole responsibility of CAREGIVER. CAREGIVER has two weeks
after choosing HORSE to complete adoption paperwork and arrange transport. If HORSE is still at BFF or a foster home after two weeks, CAREGIVER is required to pay board of $10 per day until HORSE is moved to their facility.
4. If CAREGIVER changes his/her mind about accepting HORSE, CAREGIVER understands that he/she surrenders any monies paid toward placement of HORSE into their care and those monies are considered a donation to BFF.
5. In the event of CAREGIVER’S death, or mental or physical incapacitation, BFF must be notified. If CAREGIVER has designated a “replacement caregiver” in their application, that individual must complete and submit the appropriate paperwork (application, appropriate addendums if necessary, and placement contract) for approval to become replacement CAREGIVER of HORSE. Replacement CAREGIVER must be at least 24 years of age at the time of the signing of this contract. If CAREGIVER has made no such designation for replacement care for HORSE, and/or voluntarily wishes to return HORSE, a designated party from paragraph 14 below must contact Bright Futures Farm immediately upon CAREGIVER’S death, or mental or physical incapacitation to make appropriate arrangements. Please refer to the provisions in item #15 regarding return of HORSE. ______initials _____initials spouse, CA or DP
6. STABLING ARRANGEMENTS: CAREGIVER may move HORSE to a new location if (I) BFF is informed in writing, thirty (30) days prior to the proposed move; CAREGIVER must also provide photos, and appropriate documents (boarding addendum and contract if applicable) prior to the move. Emergency moves will be handled on a case by case basis. If you need to move your adopted horse quickly, notify us by phone, and provide us with the new signed boarding package (copy of new boarding contract, boarding addendum, and photos of facility all available on our web site) so that we can expedite review of the facility for you. You CANNOT move a horse without the approval of BFF. ______initials _____initials spouse, CA or DP
► HORSE will reside at, the following address:
Stable name: ________________________________________ Contact person: _________________________
Is this your home, a boarding facility, or friend’s farm? ______________________________________________
Address of stable: ___________________________________________________________________________
Phone: _________________________________________ Alternate phone: ________________________
Closest major city, and directions from nearest interstate: ____________________________________________
__________________________________________________________________________________________________________________________________________________________________________________
7. CAREGIVER will ensure that HORSE maintains the weight and condition described as between 5 and 7 (out of 9) according to the Henneke BCS as per the standards published on the website of University of Maine extension office (www.umext.maine.edu). A copy of the guidelines are available on BFF web site as well. Your equine veterinarian should be educated in how to determine a Henneke BCS. CAREGIVER acknowledges that BFF receives horses in various conditions and HORSE may not be scored as a Henneke 5 at the time of placement. CAREGIVER agrees to improve condition of HORSE within a reasonable amount of time (based upon the condition of the horse at time of placement) to a Henneke 5, 6 or 7.
8. CAREGIVER agrees to provide dry, leak-free shelter of an appropriate size as indicated in Adoption/Placement
Application. CAREGIVER further agrees to provide (I) fresh water daily, year round, (II) access to good quality pasture &/or hay year round, (III) ample grain of good quality. CAREGIVER further agrees that he/she will never (I) turn HORSE into a paddock or pasture made from barbed wire, (II) will not house a horse over 15 hands tall in a stall smaller than 10X10 and will never use a “tie stall” for any horse adopted from Bright Futures Farm, Inc., and, (III) will always maintain pasture fencing, and shelter to provide for a safe & secure environment for horse.
9. CAREGIVER agrees to provide Veterinary care when necessary. This includes spring shots, de-worming at least quarterly if a small closed herd, farrier care at least every six to eight weeks, dental care at least once a year unless dentist requires a bi-annual exam, AND proper treatment of wounds, injuries, illnesses at the advice of your veterinarian.
FURTHERMORE, CAREGIVER will notify BFF if the horse sustains an injury or succumbs to an illness that requires
emergency treatment and/or a recovery period of more than thirty (30) days. CAREGIVER is required to provide BFF
access to any and all veterinary records at the request of BFF. CAREGIVER is also required to have veterinarian
complete and sign an annual report for BFF after HORSE has had his annual exam.
10. In the event of the death of HORSE, CAREGIVER, will immediately, within twenty-four (24) hours, notify BFF of the
following, in writing: (I) the death, (II) the cause thereof and (III) the circumstances surrounding the death. Within five
(5) days, a statement from your veterinarian or the attending veterinarian must be provided to BFF confirming the
apparent cause of death. FOR UNEXPECTED DEATHS, A VET MUST EXAMINE THE HORSE BEFORE THE HORSE
IS BURIED OR REMOVED FROM THE PROPERTY. ______initials _____initials spouse, CA or DP
11. CAREGIVER agrees to provide photos of HORSE quarterly (due on the 1st of each of the following months: March, June, September and December). Additionally, CAREGIVER agrees to provide photos of HORSE within two weeks of BFF’S request for same (BFF will never harass a CAREGIVER for photos, but if CAREGIVER has not provided photos by the dated designated or if HORSE is less than a Henneke 5 or more than a Henneke 7, BFF will then call to secure photos). CAREGIVER understands photos must be of each side, front and back, and the horse must be outside, on a hard surface wearing no tack or blanket. CAREGIVER agrees that if photos give BFF a cause for concern (ribs, spine, hip bones showing, untreated wounds visible, extreme lack of farrier care, untreated skin conditions, etc.), and/or photos are not provided in the required time frame, that a representative of BFF or authorized agent shall be permitted to enter WITHOUT court order to evaluate HORSE at it’s location, without prior notice to CAREGIVER. Parties agree no trespassing and or illegal entry has occurred should a representative of BFF or an authorized agent choose to enter property unannounced to visit HORSE. If at the time of the visit the condition of HORSE IS less than a Henneke 5 and/or the physical condition of HORSE is cause for concern, and HORSE did not arrive at CAREGIVER’s facility in that condition and/or the facility is run down, and/or horse is living in squalor BFF will address their concerns as would any investigative officer, and provide a written list of compliance issues and a time frame for compliance. If CAREGIVER is uncooperative regarding the visit, the representative may immediately remove HORSE from CAREGIVER, at CAREGIVER'S expense. FURTHERMORE, if a horse is returned or retrieved by BFF in condition less than Henneke #5 and the horse is diagnosed by a licensed veterinarian as simply malnourished, and has no inherent illness, CAREGIVER agrees to pay the expense to improve the condition of HORSE to a Henneke #5 as determined by the veterinarian that BFF contacts to evaluate and provide full diagnosis/prognosis/course of action for HORSE. CAREGIVER understands that this expense will be ongoing from the time HORSE is removed until HORSE has been determined to have a Henneke BCS of 5 by the veterinarian who HORSE has been evaluated by and under the care of.
Failure to abide by the terms within this contract may result in legal action and CAREGIVER will be required to pay any and all expenses, including reasonable legal fees, BFF incurs to enforce this entire contract or any specific part of this contract herein. ______initials _____initials spouse, CA or DP
12. CAREGIVER agrees to hold harmless, BFF, it’s volunteers, employees, agents, affiliates, successors and assigns, et al for any damage or injury caused to any person or property by HORSE at any time and any place hereafter. Total liability transfers to CAREGIVER the moment the horse is handed over to transporter engaged by CAREGIVER for the purpose of moving HORSE at CAREGIVER’s request/hire. CAREGIVER understands that BFF does not guarantee or warrant the general condition, temperament, or soundness of any horse. CAREGIVER is advised to obtain appropriate liability insurance coverage on their own and CAREGIVER is welcome to have HORSE vetted for fitness for a particular purpose at CAREGIVER’S expense prior to choosing HORSE.
CAREGIVER is required to provide (prior to approval of CAREGIVERs application) proof of liability insurance for HORSE with BFF [Bright Futures Farm, Inc.] listed as insured on the declaration page of CAREGIVER’s insurance (a simple certificate from your insurance carrier). It is in the best interest of CAREGIVER to provide medical insurance for HORSE, a product that can be obtained usually for less than $200 a year, and a product that could make the difference in treating a life threatening illness or injury. CAREGIVER is NOT permitted to purchase mortality, or replacement insurance for HORSE. If mortality or replacement insurance is a by-product of medical insurance, CAREGIVER is required to designate BFF as the beneficiary of the mortality/replacement insurance.
► Initial here_____to indicate that you understand your liability obligation regarding HORSE.
14. In the event of CAREGIVER’S death, the following individuals understand that HORSE is the property of BFF, and BFF must be notified of CAREGIVER’S demise, and at that time will discuss Heir’s option to retain custody or return HORSE to BFF (one of these individuals must be at least 24 years of age at the time of signing and lawfully able to act on CAREGIVER’s behalf).
►NAME: ___________________________________PHONE:______________
ADDRESS:______________________________________________________________________________________
►NAME: ___________________________________PHONE:______________
ADDRESS:______________________________________________________________________________________
15. If CAREGIVER must return HORSE, CAREGIVER must provide BFF a sixty day notice in writing, as CAREGIVER is required to continue to care for HORSE until BFF can locate a home, foster home, or accept the horse at their main facility,
PRIOR TO the return of said HORSE, CAREGIVER will be required by contract to provide the following:
- original current negative coggins to driver & a photo copy of same (faxed or mailed to Bright Futures Farm) (6
months old or less at the time of HORSEs return [departure date])
- health certificate (if HORSE will cross state lines to be returned – must be obtained within thirty days of
HORSE’S departure date)
- current “spring” inoculations (must be within one year of calendar Spring of previous year – receipt required)
- horse must have been de-wormed within 60 days of departure date(receipt required)
- horse must have had feet trimmed within 45 days of departure date (back shoes must be pulled prior to return)
- horse must have had teeth floated within the last nine months of departure date (receipt required)
- cost to return horse is at CAREGIVER’S expense. If CAREGIVER wishes to provide transport, TRANSPORTER/TRANSPORT COMPANY AND TRAILER must both be approved by BFF in writing to caregiver (even if transporter/transport company are CAREGIVER). Otherwise, BFF will choose transporter. BFF has a list of transporters who will provide quality service at a discount to our organization. ______initials _____initials spouse, CA or DP
16. Please initial here to acknowledge your agreement to permit your veterinarian of record to release any and all records pertaining to this horse to Bright Futures Farm upon their request: ______initials _____initials spouse, CA or DP
CAREGIVER will be required to provide care for Horse – or the cost of same - until either a temporary home can be found, a permanent home can be found, or we have an opening at our main facility. CAREGIVER clearly understands that if CAREGIVER wishes to return a horse that is older than 17 years of age, or un-rideable, finding a new home or a foster home for that horse can take a significant amount of time. BFF guarantees that they will begin an active search for a new temporary, emergency or permanent home for HORSE upon written notification that HORSE must be returned. Upon the event of CAREGIVER’S death, or mental or physical incapacitation, CAREGIVER agrees by execution of this document all heirs, individual corp, successors and not limited to aforesaid be bound by this agreement and shall have the same force and effect as is still alive. All rights are to be held by BFF.
This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. If CAREGIVER breaches contract, BFF may choose to take action to recover the additional cost in a court of law, in which case, CAREGIVER will be responsible for Plaintiff’s court costs, recovery and attorney’s fees as well as any of Plaintiff’s veterinary fees to evaluate and treat the horse if breach involved negligence of care or treatment or refusal to treat a medical issue, and any travel expenses, transport expenses, and accommodations necessary to repossess HORSE. The parties hereto agree to the jurisdiction of the Courts of Crawford County, Pennsylvania. All controversies, disputes, civil actions, right of entry, restraining orders by way of illustration and not limited to the aforesaid, including possession of HORSES and money damages shall be in the sole jurisdiction of PA and PA law will be applicable and CAREGIVER acknowledges service of process by regular mail and waives personal service. ______initials _____initials spouse, CA or DP
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands to seal this contract the day and year first above written.
CAREGIVER (must be at least 24 years of age)
►►________________________________________ DATE: ______________
signature
Print name: ______________________________________________
SPOUSE, DOMESTIC PARTNER OR CO-APPLICANT(If applicable, must be at least 24 years of age)
►►________________________________________DATE: ________________
signature
Print name: ______________________________________________
Address (if different from caregiver): _________________________________________________
Phone: _______________________________e-mail: ____________________________________
Rev. 042208