TRANSFER OF OWNERSHIP WITH FIRST RIGHT OF REFUSAL

Sunday, December 20, 2015

TRANSFER OF OWNERSHIP WITH FIRST RIGHT OF REFUSAL
Please read and complete this entire document carefully. This agreement must be completed in full.
*** Note - this agreement is for the protection of the equine. ***

NEW OWNER (referred to hereafter as new owner or buyer) INFORMATION:

Name: _____________________________________________________
Email Address: ______________________________________________
Home Phone Number: ________________________________________
Cell Phone Number: __________________________________________
Residential Address: __________________________________________
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The equine will be kept at this address: Boarding Facility or Buyers Property? (circle one)
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Telephone: _____________________ Business Hours _______________

FORMER OWNER (referred to hereafter as former owner or seller or original owner) INFORMATION:

Name- First and Last: _________________________________________
Email Address: ______________________________________________
Home Phone Number: ________________________________________
Cell Phone Number: __________________________________________
Residential Address: __________________________________________
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DESCRIPTION OF EQUINE WHOSE OWNERSHIP IS TO BE TRANSFERRED (referred to hereafter as equine and/or animal)

Name: _____________________________ Gender: ________________
Breed: _____________________________ Age: ___________________
Registration # or Grade: _______________________________________
Height: _________________________ Weight: ____________________
Body Score: ________________________________________________
Identification Markings: _______________________________________
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Color: _____________________________________________________
Other information: ________________________________________________________________________

AGREEMENT

Equine can be used for riding/driving/showing purposes, is to be treated in a humane and professional manner at all times. Equine cannot be relocated, except as is usual for riding events and show purposes, without the written consent of former owner, or any of their heirs, successors, and assignees. Equine is not to be bred, and if the equine is purposely or accidentally bred by new owner, the equines offspring is covered by this contract and the equines former owner named in this contract or any of their heirs, successors, and assignees, have the right to remove equine immediately without notification. New owner will follow all practices consistent with quality care. New owner shall provide all necessary food (equine quality hay & grain), clean water, shelter (minimum of 24 hour access to a 3 sided roofed shelter sufficient in size to house all animals who have access to it with a minimum ground coverage of 8 foot x 8 foot and a minimum of 8 foot tall of space per animal or placed in a clean stall that is not smaller than a minimum ground coverage of 8 foot x 10 foot and a minimum of 8 foot tall during inclement weather for a period of no more than 12 hours at a time), deworming, vaccinations, mineral & salt supplements, exercise, veterinarian and farrier needs. If at any time the former owner or any of their heirs, successors, and assignees, finds that the equine is receiving inadequate care or otherwise being treated inhumanely, being neglected, abused, or is abandoned, former owner or any of their heirs, successors, and assignees, can and will remove equine immediately without notification. If at any time the former owner or any of their heirs, successors, and assignees, cannot contact the new owner or is concerned about well being of the equine, the former owner or any of their heirs, successors, and assignees, shall have the authorization to enter any property that the equine is being kept/housed at without fear of prosecution. It is the responsibility of the new owner to let all agreements and arraignments within this agreement be known to any owner of any property that the equine may be kept or housed at. Former owner or any of their heirs, successors, and assignees, has the right to visit/check-in on said equine
during any reasonable hours without notification. In the event of the death of equine, former owner or any of their heirs, successors, and assignees, must be immediately notified and will have the right to view the body or pick up the body prior to burial.

It is agreed that if said animal is offered for sale or needs rehomed for any reason in the future, that former owner/seller or any of their heirs, successors, and assignees, will be notified in writing and given first right of refusal at the fair market value of the equine at the time the equine is offered for sale. It is also agreed that if money did not change hands for said animal in this agreement, meaning equine was given to new owner for free, that the equine is to be offered back to former owner in writing, or to any of their heirs, successors, and assignees, for free. Former owner/seller or any of their heirs, successors, and assignees, have fourteen (14) days to exercise the first right of refusal from the received time of the written notification by the new owner. If former owner opts not to exercise its first right of refusal the new owner will provide former owner or any of their heirs, successors, and assignees, with the name, address and telephone number of any future owner(s) to which the equine is transferred to so that the original owner or any of their heirs, successors, and assignees, has the ability to monitor the health and safety of the equine. Finally, the undersigned agrees that this animals ownership will only be transferred privately and will not be resold at any type of auction, sale, equine broker/dealer, feed lot or slaughter destination. In the event the undersigned fails to comply with the terms of this Transfer of Ownership with First Right of Refusal, the former owner, or any of their heirs, successors, and assignees, reserve the right to commence legal proceedings to recover the equine, and the undersigned new owner shall be liable for all costs including damages, fees incurred for recovery of equine and attorney fees in connection with such legal proceedings.

WAIVER OF LIABILITY AND ASUMPTION OF RISK

By signing below, new owner understands that former owner makes no representations or warranties concerning the equine, including but not limited to: the condition, health, temperament, soundness, or fitness for particular purpose. New owner understands and agrees that former owner, and any of their heirs, successors, and assignees, is not liable for any representations or misrepresentations concerning above described equine. New owner does hereby release former owner and any of their heirs, successors, and assignees, of and from any liability arising from representations, misrepresentations, care and handling of the equine offered. New owner further agrees that former owner and any of their heirs, successors, and assignees, is released of any mistakes and/or intentional acts of service providers and/or contractors such as livestock haulers, veterinarians, or handlers who may at any time be in the care, custody and control of the equine being acquiring.

Warning:
Under Indiana law, an equine professional is not liable for any injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, Indiana Code 34-31-5
Under Indiana law, there is no liability for an injury to or the death of a participant in domestic animal activities resulting from the inherent risks of domestic animal activities, pursuant IND STAT. S290 1-4 _____.

Care given by former owner (for informational purposes):
Description of basic care given to equine by former owner (informational purposes for new owner):
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Comments/Additions/Options:
________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________

No oral representations or agreements supersede the terms specified in this written document. Signatures warrant that all parties involved are at least 18 years of age at the time of signing and acknowledge receipt and understanding of the Terms and Conditions contained within this agreement. The laws of the state of ______________ shall govern this Agreement.

This Transfer of Ownership with First Right of Refusal is agreed upon by:

New owners Signature: ______________________________________________
Date: ___________________

Former owners Signature: ____________________________________________
Date: ___________________

(If available)
Witnesses Signature: ________________________________________________
Witnesses Printed Name: _____________________________________________
Date: ___________________

MOST CURRENT/UP-TO-DATE PHOTOS OF EQUINE (if available):

 




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