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Owner Liability Statement



Copyright WHR 2007

Owner Liability Statement

Editor’s Note: Wink Groover presented a new owner liability document drawn up by Sister Milligan in the WHTA meeting on Tuesday, May 22. Dick Peebles said in the meeting that if trainers and owners completed the steps required by the document and have the proper veterinarian signatures and copies filed, that owners could be protected and that the USDA would honor the statement.

NOTICE AND INSTRUCTIONS TO TRAINER

Under USC 1824D of the Horse Protection Act there exists an exemption from liability for horse Owners who demonstrate that he or she did not “allow” a horse to be entered, shown, exhibited, hauled, sold, or auctioned, etc. while “sore” and Owners desire this exemption be afforded to them, therefore, Owner is sending you this notice with instructions for you to abide by such as a condition of Owners entrusting their horses to you.

1. You and your staff, employees and agents (hereinafter referred to individually and collectively as “you”), have been selected and hired as trainers of either my horses or those of my husband or other family members, (hereinafter referred to individually and collectively as “Owner”) because you are believed not to sore or abuse horses or engage in practices that would result in such and because you have expressed knowledge of the Horse Protection Act and the USDA rules and regulations pertaining thereto and the Operating Plans signed by some HIO’s, now or hereafter to be in effect and all HIO rules of any shows in which you will participate (collectively hereinafter referred to as “HPA”) and because you have and will keep abreast of any changes made to the HPA to enable you to be in compliance therewith and because you have read and understand and willing to abide by such. It is our desire that no horse of ours entrusted to you for training, hauling, selling, showing or otherwise exhibiting, receiving or transporting will be abused or sored or in violation of the HPA or any rule or regulation duly enacted and promulgated by the USDA and consistent with the HPA, and that you understand the consequences of violating the HPA.

2. You are not to train our horses in such a manner or participate in any activities that would result in a violation of the HPA and/or any USDA rules and regulation (duly enacted and not in conflict with the HPA) and you and no one on your behalf is authorized to enter any horses of ours in any show or sale or exhibition or haul any horses of ours without abiding by these instructions.

3. The Owner will not under any circumstances participate in any activity involving the soring of horses or use thereof whether it be including without limitation the entry, exhibition, sale, transport, transfer, show preparation, auction or sale of a “sore” horse and Owner does not expect you to do so and especially prohibits you from such activity regarding Owners’ horses.

4. Any violation of these instructions and this notice will result in your immediate termination, if such violation is for soring any horse, and if the Owner is convinced you are in fact in violation of the HPA. 5. Owner will not willfully or knowingly allow an horse of Owner to be abused or in violation of the HPA while in your care, control or under your supervision nor shall any of Owners’ horses be entered into any sale, auction or exhibition or be shown or exhibited (or prepared for such), transported, sold, delivered or received in a show, sale or otherwise while sore or having been abused or while in violation of the HPA. Owner does not plan to nor will Owner participate in the preparation of showing, entry, exhibition, sale, auction or transportation of a “sore” horse or an abused animal, or one in violation of the HPA.

6. Owner will have unannounced periodic vet checks of our horses at your barn, at shows, at exhibitions and/or sales and or elsewhere to determine a horse’s condition and/or your HPA compliance and compliance with these instructions, these vets are to inform Owner if they find any noncompliance and to insure and/or determine whether our instructions have been adhered to. These vets will not at those times be employed by you and these vets will be and are sufficiently trained to determine compliance with the HPA and our instructions and they have not themselves been found in violation of the HPA since 1999 in addition thereto. Owner will make unannounced visits to determine your compliance with these instructions and the HPA.

YOU, THE TRAINER, BY YOUR SIGNATURE BELOW, HEREBY ACKNOWLEDGE THE FOLLOWING: THAT YOU, THE TRAINER, ON BEHALF OF YOURSELF AND YOUR EMPLOYEES, STAFF AND AGENTS UNDERSTAND, HAVE READ AND AGREE TO COMPLY WITH THESE INSTRUCTIONS AND THE HPA AND THE REGULATIONS DULY ENACTED PURSUANT THERETO AND CONSISTENT THEREWITH AND ANY OPERATING PLAN IF SIGNED AND/OR IF IN EFFECT AND CONSISTENT WITH THE HPA AND ANY HIO RULES (OF ANY SHOWS IN WHICH YOU PARTICIPATE) THAT MAY FROM TIME TO TIME BE IN EFFECT IF SUCH IS NOT IN CONFLICT WITH THE STATUTORY LANGUAGE OF THE HPA AND THAT YOU UNDERSTAND AND AGREE TO COMPLY WITH THE TERMS OF THIS NOTICE AND HEREBY AGREE TO NOTIFY ALL OF YOUR PRESENT AND NEW EMPLOYEES OR STAFF OR AGENTS OF THESE INSTRUCTIONS AND WILL INSURE COMPLIANCE WITH THIS NOTICE BY THEM WHO MAY BE FROM TIME TO TIME BE ENTRUSTED WITH THE CARE, CONTROL OR SUPERVISION OF THE OWNER’S HORSES.

BY COPY OF THIS LETTER TO THE UNDERSIGNED VETERINARIAN’S OWNER IS ASKING THAT THEY KEEP A COPY OF THIS NOTICE IN A FILE IN OWNER’S NAME AND PERIODICALLY MAKE UNANNOUNCED VISITS ON OWNER’S BEHALF TO CHECK OUR HORSES WHETHER AT THE BARN, SHOWS OR SALES OR ELSEWHERE FOR COMPLIANCE WITH THIS NOTICE AND TO BILL OWNER IF NECESSARY AND TO IMMEDIATELY REPORT TO OWNER ANY VIOLATIONS OF THE HPA AND THESE INSTRUCTIONS OR ANY REASONS TO SUSPECT SUCH.

Owner has searched the history of you and your staff concerning the prior violations of HPA and because your employment is conditioned on the reading, understanding and signing of and compliance with this notice and the reading, understanding and knowledge of the HPA and because of your acknowledgement of and willingness to abide by these instructions and the HPA, Owner feels confident that you will not participate in any activity violating the HPA nor will you allow anyone else to do so, therefore, Owner has entrusted their horses to you.

IF YOU OR THE OTHER TRAINERS OR VETERINARIANS RECEIVING THIS NOTICE HAVE ANY QUESTIONS IN REGARD TO THIS “NOTICE,” PLEASE CALL US.

Signature of Trainer: _________ Printed name, address & phone: _______ Date: ___

Signature of Trainer: _________ Printed name, address & phone: _______ Date: ___

Signature of Trainer: _________ Printed name, address & phone: _______ Date: ___

Signature of Trainer: _________ Printed name, address & phone: _______ Date: ___

Signature of Trainer: _________ Printed name, address & phone: _______ Date: ___

SIGNATURE OF OWNER AND/OR OWNER’S AGENT, , INDIVIDUALLY AND AS AGENT OF

Printed Name:

COPY TO VETERINARIAN:

Certificate of Service

Owner hereby certifies that Owner has mailed and/or faxed the above Notice to Trainers and Veterinarians on this _____ day of ____________, 2007

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