44793 Harrison Road

Spartansburg, PA  16434

Phone: 814.827.8270

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.  

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 (aka 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”.

The terms Adopter and Caregiver are also 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 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 horse’s 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 with you.  Your spouse, DP or CA must know the terms of this contract, should something happen to you so he/she does not illegally/unknowingly transfer ownership of the horse or dispose of horse in the event of divorce, death, separation or health or financial issues beyond your control.

I,_______________________________________________, on this _____day of __________, 20__, agree to comply with all of the conditions set for the in this contractual agreement for the placement of ________________, a ___ ______ in my care.  The Henneke Body Condition Score (BCS) of this horse is _____at the time of departure from Bright Futures Farm (BFF).

As consideration for said placement, I agree to pay the placement fee of $____in US currency to Bright Futures Farm, Inc., (hereinafter referred to as BFF) and agree to abide by the terms and conditions of this agreement for the duration of this equine’s life. 

TERMS OF CONTRACT

1.      I agree to the following prior to picking up/delivery of the equine referenced above:

•  I will pay the placement fee in full (if applicable)

•  I will provide the cost of a current coggins and health certificate (if health certificate is required by boarding facility, or the equine is crossing state lines) if the horses’ coggins has expired prior to the date on this contract.

•  I will either use a transport company approved by Bright Futures Farm, Inc., or will provide the name and contact information for the transport company I choose to Bright Futures Farm, Inc. for their approval prior to signing any contract with that company. 

2.      I agree that BFF will provide me with ten days of free care after I have been approved to receive

the equine referenced above.  If the equine referenced above has not been moved within ten days of my approval, I agree to pay board of $10 per day from the eleventh day through the day the equine is moved.  I understand that the equine cannot be moved until all board monies are paid in full.  I understand that if the equine remains with BFF beyond ten days, and I fail to move the equine or pay the boarding fee within an additional fourteen days, that I forfeit the horse back to BFF and forfeit 50% of the adoption fee.

3.      I agree that I will provide photos of equine to BFF within one week of their representative’s or agent’s

request for same during the time that I have said equine in my possession.  I understand that the photos must be taken outside in daylight and that they must be of each of the four sides of the horse and that the horse must be ‘naked’ (free of tack, blanket, fly mask, etc.) and standing on dirt, asphalt, gravel or cement.

I further agree that should I not provide photos, refuse to provide photos, provide photos that are cause for concern regarding the horse’s health and/or well-being that a representative or agent of BFF retains the right to periodically visit the property where the equine resides.  I agree that any visit made by a representative or agent of BFF will be without notice and without court order.  I further agree that no trespassing and/or illegal entry has occurred should a representative or agent of BFF choose to enter the property unannounced to visit the aforementioned equine.  If, at the time of the visit, the condition of the equine is deemed to be less than adequate (living in unsanitary conditions, wound or obvious medical issue untreated, poor body condition [BC] or deteriorated body condition compared to BC at the time of equine’s departure from BFF) I understand that BFF will choose to either provide me with a list of compliance issues that I will have ten days to correct, or immediately remove the equine from my care at my expense. 

4.      I understand that the aforementioned equine may never be bred, sold, leased, given away, traded or euthanized [if healthy].  I further understand that if I am no longer able to care for the aforementioned equine or no longer want the aforementioned equine that I will immediately notify BFF providing BFF with sixty day notice of return of said equine at my expense.  I further understand that if I am to return an equine to BFF that I will return any objects with the equine that came with him/her upon delivery, and that I return said equine with no remuneration, in return.  

I further understand that if I, my spouse, DP and/or CA  sells, gives away leases or trades the aforementioned equine that I and/or my spouse, DP and/or CA will be liable for the sum of $3000 payable to BFF for placing said equine at risk.      Initials of Caregiver_____ Initials of spouse, DP or CA_________

5.      If I must return an equine to BFF, I agree to the following:

• I will provide a current original negative coggins to driver and a photocopy of same to BFF [prior to returning equine].

• I will provide a valid health certificate if the equine will be crossing state lines, or the facility accepting equine requires same.     

•I will provide a receipt from my equine dentist as proof of dental care within the last twelve months

• I will have the equine trimmed and/or shod (if that is what the equine is used to) within four weeks of the equine’s departure date

• I will provide the transport or cost of same to return equine to BFF or one of their approved foster homes

• I will provide a copy of all medical records from my veterinarian and equine dentist to BFF within ten days of my notice to return equine

6.      I agree that I will care for this equine in a manner consistent with  maintaining a healthy horse,

including but not limited to regular veterinary care when needed, emergency veterinary care when needed, regular (every five to eight weeks) farrier care, regular (annual) dental care, annual vaccines, adequate food and water for a healthy body condition, and proper shelter to protect said equine from the elements (i.e. a clean, dry stall or a clean, dry run in shed).

7.      I agree that if I plan to show the aforementioned equine and am a member of the USEF (United States

Equestrian Federation) that I will contact BFF and register the equine with the USEF showing BFF as the primary owner and myself as co-owner.  I understand that this will provide proper documentation of actual ownership of the horse for legal purposes, but will also provide me the opportunity to show said equine in a capacity of owner amateur status so that I may continue to accumulate points as an owner if that is my goal.  I understand that any fees associated with this registration are my sole responsibility and that BFF is an inactive member of the USEF, so that if my membership lapses, any points accumulated by the aforementioned equine will not be registered.  I further understand that said equine can leave the country for the purpose of showing, but cannot leave the U.S.A. permanently.

8.      I agree that if the equine must be euthanized the Licensed Veterinarian must sedate the horse prior to euthanasia and provide documentation to BFF that euthanasia has been administered in this manner.  I further agree that if euthanasia is a non-emergency decision that the Licensed Veterinarian who will perform the procedure must speak with Beverlee Dee or a representative or agent of BFF prior to doing so.  Contact phone numbers are 814.827.8270 and 724-496-4960.

I agree that if euthanasia is necessary in an emergency, the Licensed Veterinarian who performs the procedure must provide a written statement to BFF within seven business days of the procedure explaining why euthanasia was unavoidable.  I further agree that if the horse dies of natural causes, that a Licensed Veterinarian will examine said equine prior to burial and provide the same written documentation within the same required time frame.

9.  I understand that liability transfers to me as soon as the equine is handed off to the transporter who

will deliver said equine to me.    I agree to indemnify and hold harmless BFF, its volunteers, employees, agents, affiliates, successors and assigns, et al for any damage or injury caused to any person or property by the aforementioned equine at any time and any place hereafter.   I understand and agree that indemnity extends to all foreseeable and unforeseeable costs and attorneys fees associated with responding to such claims.

10.    I understand that if I must relocate the equine, that I must provide BFF with thirty days notice of my

intent and provide photos of the facility, and owner contact information [if the equine will not reside on my property] to BFF for approval prior to moving aforementioned equine.

11.    I agree that BFF makes no representation or warranty as to this equine’s temperament, health,

breed, age, color, condition, soundness, level of schooling or fitness for a particular purpose or any representation or warranty of merchantability.  I understand that this equine is adopted “as is” and I assume all responsibility for any and all existing conditions and temperament changes that could occur. 

12.    I understand that an adopted horse may not be bred under any circumstances.  If a breeding occurs whether

it be accident or not, the resulting foal through default is the property of BFF and will be removed from my care after being weaned (at no more than six months of age).  I further understand that if a breeding occurs, BFF reserves the right to remove the horse I have adopted at the time of discovery dependent upon the circumstances surrounding the breeding.

13.    In the event of my death the following individuals understand that the aforementioned equine is the

property of BFF and BFF must be notified within forty-eight hours of my passing, and that my estate will bear the responsibility to return the aforementioned equine to BFF as per the conditions set forth in paragraph 5, page 2 of this contract.

               Name:________________________________________phone:___________________relationship:_______________

               Name:________________________________________phone:___________________relationship:_______________

In the event that this contract is deemed to include any invalid clauses, such invalidity shall not affect the remaining portion of the contract which shall remain in full force and effect as if the invalid clause had not been included herein.  If BFF fails to exercise any of it’s rights under this contract, said failure shall not be construed to be a waiver or release thereof and BFF shall nonetheless retain all of the rights granted to it hereunder which rights shall remain in full force and effect at all times.  This is a legally binding document to which the legal domicile for the life of the agreement is in Crawford County, Spartansburg, Pennsylvania, U.S.A.   The term of the agreement begins upon the date the adopter signs this document and ends only if a default occurs and remedy is achieved to the satisfaction of BFF.

My signature below indicates that I have read and thoroughly understand and agree to the terms set forth within this contract and that I will abide by these terms to ensure the well being of the equine that has been placed in my care.

NOTE:  If you are a co-applicant, you are equally responsible for the horses’ care if the applicant should have difficulty providing care at any time.  If you are a Spouse or Domestic Partner, you are  responsible for notifying BFF, immediately,  if adequate care is not being provided by applicant… and, you ( Spouse or DP) do not wish to be involved in said equine’s care.  As a CA, Spouse or DP, you understand that you are responsible to provide any care necessary in an emergency situation until arrangements are made by BFF to remove said equine from the property.

_____________________________________________________ DATE__________________

Caregiver

Print name____________________________________________

Spouse, DP or CA MUST ALSO SIGN THIS CONTRACT IN ORDER FOR APPLICANT TO ACQUIRE A HORSE THROUGH BRIGHT FUTURES FARM.

_____________________________________________________DATE___________________

Spouse, DP or CA

Print name____________________________________________

Rev 111508