Agistment Agreement
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HORSE FARMS ACT AGISTMENT AGREEMENT

OBJECTIVES

Horse Farms ACT is responsible for the management of the ACT Government's Horse Holding Paddocks on behalf of Environment ACT, Urban Services. As part of this responsibility, Horse Farms ACT has three main objectives:

  1. To provide value for money horse agistment to the ACT Community
  2. To use and promote sustainable land management practices
  3. To facilitate on-going community consultation in the development and management of the horse holding paddocks.

Under this Agistment Agreement, Horse Farms ACT aims to achieve the above objectives by providing the following facilities and services.

FACILITIES

bulletFully fenced horse holding paddocks, feed and founder yards.
bulletSufficient water supply to meet the needs of horse on agistment.
bulletWash bay.
bulletVehicle access to each facility.

SERVICES

bulletRegular inspections of the horse holding paddocks. Inspections will include:
bulletCheck fences and take appropriate action where necessary.
bulletCheck that water supply is operational.
bulletVisually inspect horses, notifying owners of any observed urgent problems and take immediate action if deemed necessary.
bulletAssess condition of pasture.
bulletCheck and maintain yard facilities.
bulletMaintain a telephone service during work hours to answer queries, take messages, deal with issues relating to the horse holding paddocks and to co-ordinate the delivery of our service.
bulletAssess all notified problems within 24 hours. '
bulletProvide ten (10) days notification of paddock rotation movements (except when rotation is required for weed spraying or other management or emergency purposes).
bulletClean water troughs in paddock to be opened at each paddock rotation.
bulletMaintain an after hours emergency on-call service (phone Horse Farms ACT on (02) 6236 8000.)

Contents:

  1. INTERPRETATION
  2. HORSE FARMS ACT'S OBLIGATIONS
  3. HOLDING AND BOOKING FEES
  4. PAYMENT
  5. PRODUCTION OF HORSE
  6. LICENSEE MAY ENTER PADDOCK
  7. HEALTH OF HORSE
  8. NOTIFICATION OF SALE ETC
  9. DIRECTIONS BY PADDOCK MANAGER
  10. LIABILITY AND INDEMNITY
  11. TERMINATION
  12. REMOVAL OF HORSE
  13. NOTICES
  14. FURTHER PROVISIONS

1 INTERPRETATION

1.1 In this Agreement, unless the contrary intention appears:

'Holding Paddock'

Means the paddocks, yards, tie-up, feeding and activities areas made available by Horse Farms ACT for horse agistment services;

'Holding Period'

Means the period, commencing on the  date on which the horse enters a Horse Farms ACT holding paddock and if no period is specified, the Holding Period shall be taken as an indefinite period;

'Horse'

Means the horse produced to Horse Farms ACT in accordance with Clause 5 and described in the registration details, Annexure 1, signed by the Licensee;

'Licensee'

Means the signatory to this Agreement;

'Unbroken Horse'

Means a horse that cannot be safely handled (i.e. caught, led, tied, etc.) within the confines of the 'holding paddock'

2 HORSE FARMS ACT'S OBLIGATIONS

2.1 Provided the 'Licensee' complies with the provisions of this Agreement, Horse Farms ACT shall provide and maintain adequate fencing and water (but not feed) for the 'horse' at the 'holding paddock'.

3 HOLDING AND BOOKING FEES

3.1 The 'Licensee' shall pay an agistment fee to Horse Farms ACT calculated in accordance with the Fees and Charges specified by Horse Farms ACT.

3.2 Accounts for horses are required to be paid in accordance with one of the following payment options:

  1. MONTHLY accounts must be paid by monthly periodic payment (direct debit) from a recognised bank, credit union or financial institution and be available in Horse Farms ACT's bank account by the last day of the month preceding the next month requiring agistment services Or
  2. QUARTERLY payments must be paid by:
    bullet1st December
    bullet1st March
    bullet1st June
    bullet1st September Or
  3. SIX MONTHLY or YEARLY payments must be paid by the 1 st of the month commencing the agistment period. Commencement dates for six monthly and annual periods will coincide with the dates referred to in Subclause 3.2(ii) as appropriate. The Licensee will advise Horse Farms ACT of the preferred payment option when completing the registration details at Annexure 1.

The Licensee may change the preferred payment option by providing a writing request to Horse Farms ACT at least thirty (30) days prior to the next payment period.

3.3 Horse Farms ACT may at any time and from time to time vary any or all of the fees referred to in subClause 3.1

4 PAYMENT

4.1 Holding fees shall be paid to Horse Farms ACT or to such person as authorised by Horse Farms ACT to collect fees. Payments can be made at any Westpac Bank. Westpac Bank payments must be accompanied by a Horse Farms ACT deposit slip. Payments can be made to a Horse Farms ACT employee or by mail to

PO Box 540,
Fyshwick ACT 2609

4.2 Fees are payable seven (7) days from the due date. An administrative late fee as outlined in the Fees and Charges Schedule applies on day eight (8) if fees are not paid within seven (7) days of the due date. Failure to pay within this time results in a letter to the 'Licensee' to the address on this Agreement. The 'Licensee' has forty-eight (48) hours to pay all outstanding fees before the horse is impounded. Should the horse be impounded it is then subject to the provisions of the Pounds Act 1928.

5 PRODUCTION OF HORSE

5.1 Upon execution of this Agreement, or at such a latter time as may be appointed by Horse Farms ACT, the 'Licensee' shall attend at the 'holding paddock' and produce the 'horse' to be held in accordance with this Contract.

5.2 The 'Licensee' shall not produce a horse which in Horse Farms ACT's opinion is:

  1. A stallion;
  2. A rig;
  3. An unhandled horse;
  4. A mare more than eight (8) months in foal;
  5. A horse which forms part of the trading stock of a business.

5.3 Horse Farms ACT shall be under no obligation to accept a horse which:

  1. is a horse that meets the description set out in Subclause 5.2;
  2. is in poor health or condition; or
  3. is or may become a danger to other horses or to any person.

5.4 Upon acceptance of the 'horse' into the 'horse holding paddock', Horse Farms ACT or authorised person shall record a description of the 'horse' on the 'Registration Details' (Annexure 1 to this Agreement) and the Annexure shall be signed by the contract holder.

6 LICENSEE MAY ENTER PADDOCK

6.1 Horse Farms ACT authorises the 'Licensee' and any person authorised or accompanied by the 'Licensee', to enter the 'holding paddock' for the purpose of attending to the 'horse' and for other purposes connected with this Agreement.

6.2 Notwithstanding subClause 6.1, the 'Licensee' shall not enter or permit any other person under the control of the 'Licensee' to enter any part of the 'holding paddock' which is gazetted or declared to be a pound under the Pounds Act 1928 except when the 'horse' is grazing in such area and only for the purpose of removing the 'horse' to another part of the 'holding paddock'.

6.3 Notwithstanding subCluase 6.1, Horse Farms ACT may exclude any person from the 'holding paddock' or any part thereof at any time and for any reason.

6.4 The 'Licensee' shall ensure that the 'horse' is kept under control whenever the 'Licensee', or a person authorised or accompanied by, or under the control of the 'Licensee' is in attendance at the paddock.

6.5 The 'Licensee' shall ensure that the 'horse' is ridden only in an area of the 'holding paddock' designated as a riding area and fed only in the 'holding paddock' designated as a feeding area.

7 HEALTH OF HORSE

7.1 The 'Licensee' shall ensure that the 'horse' is and remains in good health and condition.

7.2 The 'Licensee' shall produce a veterinary certificate of health in respect of the 'horse' on demand by Horse Farms ACT, which demand my be made from time to time and at any time.

7.3 Horse Farms ACT may obtain veterinary attention for the 'horse' if:

  1. such attention is in the opinion of Horse Farms ACT, reasonably necessary and Horse Farms ACT has been unable, after reasonable attempt, to contact the 'Licensee'; or
  2. Such attention is, in the opinion of Horse Farms ACT, urgently necessary.

7.4 The costs of any veterinary attention obtained by Horse Farms ACT under subClause 7.3 shall be a debt due and payable by the 'Licensee' to Horse Farms ACT.

8 NOTIFICATION OF SALE ETC

8.1 The 'Licensee' shall give notice in writing to Horse Farms ACT forthwith of:

  1. Any sale of the 'horse' including the date of sale and the name and address of the purchaser; or
  2. Any other event or circumstance which could reasonably be taken to affect the continued holding of the 'horse' under this Agreement.

9 DIRECTIONS BY PADDOCK MANAGER

9.1 The 'Licensee' shall comply with any reasonable direction of Horse Farms ACT and shall ensure that any person who is authorised or accompanied by or under the control of the 'Licensee', shall comply with such direction while that person is present at the 'holding paddock'.

10 LIABILITY AND INDEMNITY

10.1 Horse Farms ACT shall not be liable for any loss of or injury the 'horse' whether due to the negligence of Horse Farms ACT, it employees or agents or otherwise.

10.2 The 'Licensee' shall release and indemnity Horse Farms ACT from and against all claims, suits and demands in respect of injury to or death of any person or loss of or damage to any property arising from (whether directly or indirectly);

  1. The presence in the 'holding paddock' of the 'Licensee' or any person authorised or accompanied by or under the control of the 'Licensee';
  2. The holding of the 'horse' under this Agreement

11 TERMINATION

11.1 Either party may terminate this Agreement by seven (7) days notice in writing to the other party.

11.2 Horse Farms ACT may terminate this Agreement forthwith if:

  1. Any holding fees due under this Agreement are seven (7) days in arrears;
  2. The 'horse' (being a mare) becomes in the opinion of Horse Farms ACT more than eight (8) months in foal;
  3. The 'horse' is or becomes in the opinion of Horse Farms ACT a danger to other horses or to any person;
  4. The 'Licensee' is in breach of any other term of this Agreement;
    Or
  5. The person described in the registration details (Annexure 1) ceases to be the owner of the 'horse'.
 

11.3 Upon termination of this Agreement Horse Farms ACT may, in its absolute discretion, make a refund to the 'Licensee' of any holding fees paid in advance. However, in providing a refund, Horse Farms ACT will retain an administrative/exit fee in accordance with the Fees and Charges specified by Horse Farms ACT.

12 REMOVAL OF HORSE

12.1 Upon expiry or termination of this Agreement the 'Licensee' shall remove the 'horse' from the 'holding paddock' forthwith.

12.2 If the 'Licensee' does not remove the 'horse' from the 'holding paddock' in accordance with Subclause 12.1, Horse Farms ACT may treat the 'horse' as trespassing and may deal with the 'horse' in accordance with the Pounds Act 1928.

13 NOTICES

13.1 Any notice permitted or required to be given to the 'Licensee' under this Agreement may be given by hand delivery or by posting, by prepaid post, to the address specified in the registration details (Annexure 1) and if posted shall be deemed to be received by the 'Licensee' two (2) days after such posting, whether or not the notice is returned.

14 FURTHER PROVISIONS

14.1 This Agreement constitutes the entire agreement between the 'Licensee' and Horse Farms ACT and supersedes all prior representations and agreements whether oral or in writing.

14.2 Horse Farms ACT reserves the right to change the provisions of this Agreement from time to time. Horse Farms ACT will notify the Licensee in writing at least 30 days before the effective date of change.

14.3 Horse Farms ACT is not obliged to give advanced notice if an immediate change to the Agreement conditions is considered necessary in the interest of public safety.

14.4 The 'Licensee' shall not assign the benefit of this Agreement without the prior written
consent of Horse Farms ACT.

 

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