i.
Adopter shall provide to TROT (within seven [7] days of TROT’s request) copies of any veterinary records, reports or
receipts for care to the Adopted Horse.
ii.
Adopter shall give written notice at least fourteen (14) days in advance of moving the Adopted Horse.
iii.
Adopter agrees and gives express permission to any TROT’s staff or representatives to have the right to conduct
random and unannounced visits to inspect the Adopted Horse.
e)
As provided in Section 3, Adopter shall notify any facility of this Agreement and provide TROT with the Facility Agreement.
However, the failure to provide the Facility Agreement shall not impede TROT’s rights of inspection and repossession and
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.
f)
Time is of the essence for the Adopter to provide the reports and there is no grace period.
9. Care of the Adopted Horse. Adopter shall provide and pay for the proper training and care for the Adopted Horse including:
a)
Not commencing transitional training until the Adopted Horse has been residing at its new facility for one week. If the
Adopted Horse is recovering from an injury, Adopter will commence training only after veterinarian consent.
b)
Proper training, food, water, shelter and/or care in accordance with TROT’s standards including: (i) a stall that is no less than
12’ by 10’; (ii) 3‐sided building that is 150 square feet per horse kept in the paddock or barn, and (iii) pasture of at least one
acre per large animal with at least 4’ tall visible, non‐barbed wire fencing. Adopter acknowledges that generally a retired
racehorse needs 2% ‐ 3% of its body weight in feed a day. That amounts to 20‐30 lbs of hay and grain combined, for the
average 1,000 lb horse. Depending on the hay quality, most Thoroughbreds will require 8‐12 lbs of grain or concentrate feed
a day.
c)
Vaccinating the Adopted Horse yearly and maintaining a current Coggins according to applicable state laws or regulations.
d)
De‐worming the Adopted Horse at least every 12 weeks.
e)
Providing TROT access to all veterinary care documents of the Adopted Horse upon TROT’s request. Further, Adopter agrees
that a copy of this Agreement is authorization for any veterinarian to release veterinary records and billing for the care of the
Adopted Horse to TROT, and hereby authorizes and directs any veterinary to release information about the Adopted Horse
to TROT
f)
Providing proper hoof care, with trimming approximately every six (6) to eight (8) weeks.
g)
Having teeth floated annually or “as needed”.
h)
Proper veterinary care upon illness or injury to the Adopted Horse.
10. Racing, Auction or Slaughter Prohibited
a)
The Adopted Horse shall never be raced or sold in an auction under any circumstances.
b)
The Adopted Horse shall never be sold for or sent to slaughter, or sold to any individual with the intent of sending or selling
the Adopted Horse for slaughter, or otherwise transported or transferred for the purpose of slaughter.
c)
ENTRY OF THE ADOPTED HORSE TO RACE SHALL VOID THIS SALE AND ANY SUBSEQUENT SALES, AND OWNERSHIP AND ALL
RIGHTS OF POSSESSION SHALL IMMEDIATELY REVERT BACK TO TROT.
d)
The Adopted Horse may be removed from any premises by TROT, including from any racetrack, without court order.
e)
Adopter authorizes TROT to present a copy of this Agreement or other notice of this Agreement to any Racing Secretary and
the Racing Secretaries are authorized and directed to bar the Adopted Horse from entering any race.
11. Repossession of Adopted Horse
a)
A material violation of this Agreement is grounds for TROT to void this Agreement at TROT’s sole discretion, and upon that
election, ownership of the Adopted Horse shall immediately revert back to TROT, and the Adopted Horse may be removed
from any premises by TROT and the provisions of Section 6(c) shall apply relative to such repossession.
b)
TROT shall give notice of its intent to exercise the option to repossess the horse within six (6) months of the date that any
report is due or inspection denied.
c)
It is agreed and understood by the Adopter that the following shall be deemed material violations of this Agreement, by way
of illustration and not by limitation:
i.
Failure to comply with Section 7, above, giving TROT the appropriate notice and time to exercise its right of first
refusal.
ii.
Failure to comply with Section 8, above, providing required reports and permitting inspections.
iii.
Failure to comply with Section 9, above, providing for the proper care of the Adopted Horse.
iv.
Failure to comply with Section 10, above, auctioning or racing the Adopted Horse.
d)
The Adopter shall remain responsible for the damages referred to in Section 1, even if TROT exercises its right to repossess
the Adopted Horse.
12. Condition and Temperament of the Adopted Horse
a)
The Adopter accepts the Adopted Horse in its current condition “as is” and in its current location “where is”.
b)
TROT makes no representation as to the Adopted Horse’s behavior or temperament and does not warrant or guarantee the
condition, soundness, temperament, or training of the Adopted Horse.
c)
The Adopter acknowledges that the Adopted Horse is likely a former racehorse, and may have recently finished a racing
career.
d)
The Adopter understands and acknowledges that being in the presence of horses and any and all activities involving horses
are inherently dangerous.
e)
TROT disclaims liability for any implied warranties, including implied warranties of “merchantability” and “fitness" for a
specific purpose.
Adoption Agreement and Conditional Bill of Sale
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