AGISTMENT AGREEMENT
Please take a moment to read through our agreement thoroughly before applying for our agistment service. When booking as a client of Taman Kuda Club, you agree to the Agistment Agreement as laid out on this website and our Wix (Fit) app.
PARTIES
1. BY TAMAN KUDA PTY LTD ABN 48 649 369 362 trading as TAMAN KUDA CLUB of 365 Bushs Lane, Murrumbateman, NSW 2852 (“DALE PARK”) AND the party named in item 6 (the “Agistee”)
BACKGROUND
A. Taman Kuda Club has the right to agist horses on 365 Bushs Lane, Murrumbateman (the “property”).
B. The Agistee wishes to arrange for the agistment and grazing of the horse or horses described in item 1 of the schedule (the “horses”) for the period referred to in item 2 of the schedule (the “agistment period”).
C. The parties have agreed for provision of such agistment and grazing for the consideration and on the terms and conditions herein.
1. THE PARTIES AGREE
In this Agreement:
“Agistee” includes the personal representatives, employees and agents of the agistee.
“Taman Kuda Club” includes the personal representatives, successors in title and assigns of Taman Kuda Club.
“Manager” means any person appointed by Taman Kuda Club to manage the property and includes any member of the owner’s family.
“Month” means calendar month
2. THE AGISTEE COVENANTS WITH TAMAN KUDA CLUB
2.1 To pay to Taman Kuda Club fees for agisting the permitted number of horses at the rate set out in item 4 of the schedule (the “fees”). It is expressly agreed that the fees are at a set rate for a set number of horses, and that the fees are not in any way limited or calculated in accordance with any lesser number of horses actually grazing on the property at any one time. The fees shall be paid to Taman Kuda Club at such rate and at such times as are set out in item 4 of the schedule.
2.2 To observe all the practices of good animal husbandry in relation to the horses and not to permit excessive grazing on any paddock within the property or the destruction or deterioration in any way of any such paddock, and to generally preserve the interests of Taman Kuda Club with regard to the maintenance for grazing purposes of the property. In particular to:-
(i) adequately feed and care for the horses;
(ii) not allow any dogs on the property unless on a lead;
(iii) not smoke on the property;
(iv) be responsible for the actions of any relative or invitee of the Agistee whilst such person is on the property and ensure that all invitees who enter the property wear covered shoes;
(v) obey any signs attached to the property;
(vi) not allow any horse to wear a hood outside the stable/shelter area;
(vii) wear covered shoes
(viii) drive at walking pace on formed roads only; and
(ix) to comply with all directions given by Taman Kuda Club or the Manager from time to time.
(x) store floats and park cars in approved areas
2.3 To indemnify and hold harmless Taman Kuda Club from and against all damages, costs, charges, expenses, actions, claims and demands which may be incurred or made against Taman Kuda Club by:
(a) the Agistee for any injury the Agistee may sustain when using or entering upon the property other than injury arising from Taman Kuda's negligence,
(b) any person for any injury which such person may sustain when using or entering upon the property, PROVIDED THAT such injury arises or has arisen as a result of the negligence of or as a result of the creation of some dangerous or hazardous state of affairs by the Agistee irrespective of whether or not the existence of the dangerous or hazardous state of affairs ought to have been known to the Agistee.
(4) That the horses are free from any illness or diseases and do not wind suck, crib or weave.
(5) To pay interest calculated daily at the rate set out in item 5 of the schedule on any of the fees or other monies not paid in accordance with this agreement.
(6) To comply with the directions made by the Manager.
(7) To be liable for all fees and obligations for the term of this agreement, even if the ownership of the horse has changed.
(8) To introduce to the Manager any person other than the Agistee who is caring for the horse from time to time.
(9) That Taman Kuda Club may arrange veterinary treatment for a horse if the Agistee cannot be immediately contacted by the manager and the Agistee will pay and indemnify Taman Kuda Club against any and all veterinary fees incurred for treatment of the horses.
(10) That the horse is not a stallion, rig or colt over twelve (12) months old.
3. TAMAN KUDA CLUB COVENANTS WITH THE AGISTEE THAT THE AGISTEE SHALL HAVE:
(1) The non-exclusive right to use the property or those parts of the property nominated by Taman Kuda Club from time to time for grazing the horses for the agistment period and to provide water for the horses.
(2) The right to enter upon the property at the times and days permitted by Taman Kuda Club for the purpose of maintaining the horses on the property and for purposes incidental thereto.
4. IT IS HEREBY EXPRESSLY MUTUALLY AGREED
4.1 Notwithstanding anything herein contained or implied, if and whenever the fees payable hereunder or any part thereof shall be in arrears and unpaid for a period of fourteen (14) days after the due date for payment, whether legally demanded or not, or if the Agistee shall neglect or fail to perform and observe any of the covenants, conditions or agreements contained or implied in this agreement which on the part of the Agistee are to be performed and observed, or if a sequestration order shall be made against the Agistee under the Bankruptcy Act 1966 (Cth) or if the Agistee being a company shall go into liquidation whether voluntarily or otherwise, except for the purpose of reconstruction, then, and in any or either of the said events, Taman Kuda Club may at its option either:
(a) immediately or at any time thereafter terminate this agreement and remove the horses from the property in accordance with the rights available for impounding of stock not lawfully on a property; or
(b) allow the horses to remain on the property and maintain a lien on the horses as provided in clause 6 hereof;
and in either event the Agistee shall be and remain liable for the whole of the fees and for any other monies due under this agreement and any loss costs or expenses incurred by Taman Kuda Club due to the Agistee's breach.
(2) The Agistee shall pay all reasonable legal costs and other expenses incurred by Taman Kuda Club in connection with any default under this agreement.
(3) Nothing in this agreement shall be deemed to constitute a lease or exclusive right to possession of the property.
(4) The right of agistment hereby created shall not be assignable by the Agistee.
5. TERM
5.1 The initial term of this agreement shall be the period set out in Item 2 of the Schedule calculated unless otherwise provided from the date the horse first arrives on the property and the agreement shall continue thereafter as an agreement from month to month which may be determined by either party giving the other 2 weeks prior written notice ending on any date.
6. LIEN
6.1 The Agistee grants to Taman Kuda Club a general lien upon all or any of the horses for any sum owing under this agreement at any time by the Agistee to Taman Kuda Club and such lien may be enforced by Taman Kuda Club by the sale by auction or private contract of any of the horses.
7. NOTICES
7.1 Any notice given under this agreement shall be in writing any may be given by post, email or by delivery to the party's:
- last known address;
- registered office;
- email.
(2) Notices that are posted will be taken to have been received 48 hours after posting unless proved otherwise.
(3) Notices sent by email after 5.00 pm will be taken to have been received at 9.00 am on the next business day at the place where it is received.
8. GST
8.1 In this agreement:
“GST” means GST within the meaning of the GST Act.
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999.
8.2 Unless otherwise provided in this agreement, the fees referred to in this Schedule and payable by the Agistee to Taman Kuda Club shall be GST inclusive.
8.3 Taman Kuda Club acknowledges that it is registered or entitled to be registered for GST. Where this agreement requires the Agistee to reimburse or contribute to an amount payable by Taman Kuda Club to a third party, the amount required to be reimbursed or contributed by the Agistee to Taman Kuda Club shall be the amount paid by Taman Kuda Club to the third party plus any GST payable by Taman Kuda Club with respect to the said payment.
9. CANCELLATIONS
9.1 Cancellations for agistment services require two-weeks notice to be consequence free. If cancelled ahead of the 2-week period, a refund will be given. The refund amount will be determined by Taman Kuda.
9.2 If cancelled within two-weeks of the booking dated, the agistment service will not be refunded.