Horse Adoption Agreement And Conditional Bill Of Sale (Page 2 of 4) in pdf

provide the Facility Agreement to TROT, Adopter agrees that any boarding facility having possession of the Adopted Horse shall

accept a copy of this Agreement as evidence of the Adopter’s express authority for TROT to inspect and repossess the Adopted

Horse.

4. Transportation of Adopted Horse. Adopter shall arrange and pay for the transportation of the Adopted Horse, to include

transporting the Adopted Horse from its current location to the Boarding Facility, for the return of the Adopted Horse to TROT

(except as provided in Section (7.d)), and for any other transportation while the Adopted Horses is in the Adopter’s care and

custody.

5. Trial Period. For a period of sixty (60) days following TROT’s signing of this Agreement (“Trial Period”), if the Adopted Horse is

unsuitable to the Adopter for any reason, the Adopter may return the Adopted Horse to TROT as follows:

Notice of intent to return the Adopted Horse must be received in writing by TROT within the Trial Period.

The Adopted Horse must be returned to TROT within seven (7) days of TROT notifying Adopter that a stall is open at TROT’s

facility.

If Adopter elects to return the Adopted Horse, Adopter shall arrange and pay for transporting the horse to TROT.

The Adopted Horse shall be returned in the condition it was received.

If registered in the name of the Adopter, Adopter shall provide the properly executed assignment documentation to TROT at

the time of delivery of the Adopted Horse.

If Adopter complies with Section 5(a) through (d), TROT shall return the Adoption Fee to Adopter within fourteen (14) days of

the Adopter delivering the Adopted Horse to TROT.

If Adopter returns the Adopted Horse but fails to comply with Section 5(a) through (d), the Adoption Fee shall not be

returned.

During the Adopted Horse’s life and outside the Trial Period, it may be returned to TROT for any reason at the

Adopter’s/Owner’s expense as long as there is available space at the TROT facility.

6. Probationary Period. For a period of twelve (12) months following TROT’s signing of this Agreement (the “Probationary

Period”), TROT will retain an irrevocable and equitable ownership interest of the Adopted Horse and the following shall

apply:

TROT may, at its sole discretion, conduct random and unannounced visits to inspect the Adopted Horse and its environment.

If TROT, in its sole discretion, determines that Adopter is not in compliance with this Agreement or that the Adopted Horse is

in an unsatisfactory condition or environment, TROT shall have the right, but not the obligation, to (i) terminate this

agreement; (ii) terminate all interest and rights of possession that Adopter or its assignees may have in the Adopted Horse;

and (iii) take possession of the Adopted Horse as provided in Section (6) (c) below.

If TROT reclaims possession of the Adopted Horse as provided in Section (6)(b) above, or Section 11, below, the following

shall apply: (i) No court order shall be required for TROT to enter upon the facility in which the Adopted Horse is kept and to

reclaim possession of the Adopted Horse.; (ii) Adopter agrees to indemnify and release TROT from any and all liability or

claims associated with any expenses (including by way of illustration, board, veterinary fees, farrier charges, transportation

feeds) related to possession of the Adopted Horse up to the date that the Adopted Horse is returned to TROT. (iii) Adopter

further agrees to indemnify and release TROT from any and all liability or claims associated with TROT’s exercising its rights

to reclaim the Adopted Horse.; (iv) Adopter shall not be entitled to return of the Adoption fee.

7. Right of First Refusal. If, within twenty‐four (24) months of TROT signing this Agreement, the Adopter wishes to sell, lease,

trade, give away or in any way change control of the Adopted Horse, TROT shall be offered a right of first refusal and the

following terms shall apply:

Adopter will notify TROT in writing of (i) Adopter’s intent; and (ii) provide TROT with proof of a bona fide offer, including

name, address, and telephone number of prospective buyer.

TROT shall have the option to purchase the Adopted Horse back for the amount of the lesser of (i) the Adoption Fee; or (ii)

any bona fide offer.

TROT shall have thirty (30) days following receipt of notice to provide written notice to Adopter of its intent to exercise the

option, or the option shall be presumed to be waived.

TROT shall provide and pay for the transportation of the Adopted Horse if TROT exercises its option to purchase as provided

herein.

If TROT waives its right of first refusal and approves transfer to another party, Adopter agrees to bind that party to all of the

conditions and agreements set forth in this Agreement.

8. Reporting/Inspections.

Adopter shall provide a written “Status Report” to TROT in the third, sixth and twelfth months of the term of this Agreement,

provided however, in the event of serious injury or death, a Status Report shall be given to TROT within seven (7) days of

such event.

The Status Report shall contain the following:

Current body shot photograph of the Adopted Horse.

ii.

Narrative of the Adopted Horse’s progress and condition.

iii.

Current boarding facility information, including contact, facility name, address, phone, facsimile and email.

iv.

In the event of death, a veterinary’s statement as to the cause of death.

After the three Status Reports required by Section 8(a) are received, additional Status Reports are not mandatory, but are

highly encouraged.

For the initial twelve (12) months following this agreement:

Adoption Agreement and Conditional Bill of Sale

Page 2

Horse Adoption Agreement And Conditional Bill Of Sale Page 2

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