Transportation Agreement
Transportation Charges:
The following charges have been discussed and agreed upon between the Owner and the Transporter:
a) Estimated Quoted rate: Quoted rate includes a non-refundable deposit of 50% payable upon signature of this Transport Agreement. Transport WILL NOT be booked until this Transport Agreement is fully executed and the 50% Deposit has been received by Transporter. Dates of shipment are subject to change if executed Transport Agreement and deposit are not received in a timely manner. Owner further understands that the Quoted rate is an estimate and the final amount due may vary based on the actual transportation services provided. Transporter represents and warrants that the amounts payable or otherwise provided to it by Owner under this Transport Agreement (i) are for bona fide services actually performed; (ii) represent the fair market value for similar transportation services (iii) have not been determined in a manner that takes into account the volume or value of any actual or potential purchases, prescriptions, referrals or recommendations or in exchange or consideration for any inducement to influence any decision by Transporter.
The final total amount due (less the deposit plus any additional charges incurred) is due at delivery or as otherwise agreed in writing by Transporter and Owner.
Transporter accepts the following forms of Payment: Cash, Check or certified money order, Credit/Debit Card.
A fee of $50.00 will be assessed to any check that is returned for non-sufficient funds and Transporter reserves the right to enforce all remedies under this Agreement including but not limited to the Non-Payment section below. Owner understands that if payment is not made in full at the time of delivery, Owner will be responsible for all additional fees incurred by Transporter resulting from collection and legal costs to recover said payment.
Additional Charges:
Waiting time at barn for pick-up or delivery person will be charged at a rate of $50.00 per hour after the initial 30 minutes of wait time.
A fee of $50.00 will be assessed to any “hard loaders/unloaders”. For purposes of this Transport Agreement, this is defined as any horse that does not load in the initial 30 minutes of attempted loading or unloading. A minimum of 1-hour charge will apply.
Equine layover fee of $35.00 per horse/per day.
(1) Owner agrees that if the horse(s) are boarded during their transport they agree to a charge of $35.00 per day/per horse. All horses will be boarded if transport is planned to take 72 hours or more. Estimated layover fees will be included in original quote, however if additional layover fees are incurred Owner agrees to pay all additional layover fees as described herein.
A change of pick up or delivery location from the original location quoted may be subject to a surcharge if approved after initial quote. Owner understands and agrees that Transporter is under no obligation to approve or modify the pickup or drop off location once this Transport Agreement has been executed. Any requested modifications are at Transporter’s sole discretion.
Damage to Transporter’s truck, trailer or Transporter equipment caused by Owner horse(s) will be fairly estimated and the cost of repairing the damage will be disclosed prior to or at delivery. If the actual cost of repairs is more or less than estimated, Transporter will promptly supply Owner with the written invoice for repair costs actually incurred. Full payment must be made within 7 days from the date of the invoice.
Owner agrees to a $150.00 surcharge to be added for any stallions over the age of 1 year that was not disclosed during booking.
Transporters Responsibilities:
Transporter shall exercise reasonable and ordinary care of Horses consistent with the generally recognized professional standards in the hauling industry, while hauling and supervising the Owner’s horse(s) during transport, including transport across state and national borders.
Transporter will call Owner the day before pick-up and delivery to provide Owner with an approximate time of arrival. Transporter will also call Owner approximately 1 hour prior to arrival.
Owners Responsibilities:
Owner/Agent agrees that the horse(s) will be in a healthy condition and free from contagious, infectious, or transmittable diseases, prior to and during shipment. Owner is responsible for all required applicable Health Certificates which must accompany the horse(s) during transport; including but not limited to:
A current, negative Coggins (EIA) test *These are only valid for 1 year from date issued
A current DVM issued interstate Health Certificate * These are only valid for 10 days from date issued
Brand inspection – if horse is traveling from a brand inspection state or area
*Note: No horse will be loaded without all required paperwork. You will forfeit deposit if Transporter is in-route and paperwork is not ready at time of arrival. Owner is solely responsibility to ensure all paperwork is ready to go and with the horse(s) at the time of pick up.
*Original Registration papers should be mailed to destination and SHALL NOT accompany the horse.
Additional Terms and Conditions:
Halter and Lead. Halter and Lead rope are REQUIRED and must be provided by Owner at time of pick-up. Each horse must be halter broke. All horses must also be trained to tie for the horse to go into a single stall. In the event the horse is not trained to tie, the horse will require a box stall for its safety. In the event a single stall has been reserved and the horse is not trained to tie, upon arrival of Transporter, Owner will be charged a box stall rate, if one is available. If no box stall is available, a refund will NOT be issued. Transporter will reschedule a pickup at another time when box stall is available at Transporter’s earliest convenience and at additional cost to Owner. If Owner chooses not to transport aforementioned horse(s), at the rescheduled date, no refund will be issued for amounts already paid.
Feed. One (1) bale of hay per horse per day to be supplied by Owner at pick-up. If Owner is unable to provide hay at time of pickup, an additional $15.00 fee per bale per day per horse supplied by the Transporter will be charged in addition to the quoted amount.
Supplies. Transporter will not haul any tack or equine supplies unless previous arrangements were made during initial booking, and at additional cost as agreed in writing between Owner and Transporter. In the event any supplies are sent with the horse(s), Transporter is not responsible for any damage to, or loss of any equipment or supplies during transport.
All tack, equipment, feed, or bins must be labeled with the horse(s) name and Owners name and phone number. All grain or feed must be pre-portioned and provided to Transporter in plastic bags, containers or totes and individually labeled. Loose tack will not be accepted.
Any items that are later located by Transporter after drop off of the horse(s) will be returned at the sole expense of the Owner. If the Owner chooses to not cover shipping cost, items will not be returned.
Veterinarian Care. In the event the horse(s) become ill or are in need of veterinarian services at Transporter’s sole discretion, the Transporter will notify the Owner in a timely manner and as soon as reasonably practical. In the event the Owner/Agent cannot be reached, the Transporter is hereby authorized, as an agent for the Owner, to contact the first available licensed veterinarian of Transporter’s choice and to seek all reasonable and necessary veterinary treatment that veterinarian deems reasonable and necessary for the safety and well-being of the horse(s).
ALL fees charged by said veterinarian shall be the sole and exclusive responsibility of the Owner and will be added to the final invoice amount. Transporter shall bear no liability or costs for the consultation or receipt of veterinary services.
The Owner agrees to reimburse Transporter for all veterinary services, medications, overnight boarding fees and other medical supplies as the Transporter and/or veterinarian deems reasonably necessary for the well-being of the aforementioned horse(s) for the remainder of the Transport.
All costs associated with veterinary care of said horse(s) are to be reimbursed in full prior to the horse(s) being unloaded at designated delivery location.
Two Hearts Equine Transport will abide by the recommendations of the attending licensed veterinarian including, but not limited to, leaving the horse at the vet clinic regardless of the current location. If the recommendation is that the horse should not travel, the Transporter will follow the veterinarian’s recommendation regardless if the Owner’s wishes that the animal continue to travel. Many locations are among regular routes Transporter travels and Transporter will be happy to make additional travel plans once horse is cleared by veterinarian for travel and at additional costs as mutually agreed by Transporter and Owner.
Insurance and Risk. Owner has the option to provide his/her own proof of current horse mortality insurance and a certificate of insurance shall be provided to Transporter at time of pick-up. To the extent allowed, Owner’s insurance shall name Two Hearts Equine Transport as an additional insured and shall not include any exclusions. In the event, Owner elects not to carry Horse Mortality insurance for each horse, Owner assumes all liabilities, costs and risk to their horse(s) including, but not limited to, injury, death, illness, or disease of Owner’s horse(s) during Transport. Owner understands that there are many common risks associated with transport, which may include but are not limited to: colic, muscle strain, stress, injury, illness, and death.
Transporter shall maintain at least the minimum insurance coverage, as determined and required by applicable regulations in order to conduct transport services. In the event applicable regulations do not specify a minimum level of insurance coverage, Transporter shall in any case maintain insurance policies that guarantee sufficient protection against possible liabilities, arising from the provision of transport services and the indemnifications undertaken in this Transport Agreement.
Non-Payment. In the event of non-payment, Transporter shall be entitled to a lien against the transported horse(s) for the value of the transport services rendered and shall be entitled to enforce said lien in accordance with applicable law.
(g) Indemnification by Owner. Owner will indemnify, defend, and hold harmless Two Hearts Equine Transport, its affiliates, and its and their respective owners, employees, subcontractors, drivers, officers, directors, and agents (collectively, the Two Hearts Indemnitees) against any third party claims, including reasonable attorneys’ fees for defending such claims, to the extent such claims arise out of or relate to: (i) any injury or harm to Owner, Owner’s Agent, other natural persons alleged to have occurred on (a) Two Hearts Equine Transport or its Affiliates premises, (b) at the pick up or drop off locations during the course of performance of transport services, including loading or unloading or (c) at any stop along the route made by Transporter including but not limited to such places such as rest stops, gas stations, layover facilities, or veterinarian offices (except to the extent such claims arise from Two Hearts Equine Transports breach of this Agreement or Two Hearts Equine Transports negligence or willful misconduct); (ii) any Owner or Agent negligence or willful misconduct in performing Owner/Agents obligations under this Agreement; or (iii) Owner/Agents breach of this Agreement.
(h) Indemnification Procedures. Each party shall notify the other party within thirty (30) days after receipt of any claims made for which the other party might be liable under the sections above, as applicable. A failure to provide such notice within thirty (30) days to the indemnifying party will serve to reduce the indemnity rights only to the extent that such delay or failure actually prejudiced the indemnifying party’s ability to defend a claim. The indemnifying party will have the sole right to defend, negotiate, and settle such claims. The indemnified party will be entitled to participate in the defense of such matter and to employ counsel at its expense to assist in such defense; provided, however, that the indemnifying party will have final decision-making authority regarding all aspects of the defense of the claim. The indemnified party shall provide the indemnifying party with such information and assistance as the indemnifying party may reasonably request, at the expense of the indemnifying party. Neither party will be responsible or bound by any settlement of any claim or suit made without its prior written consent; provided, however, that the indemnified party will not unreasonably withhold or delay such consent.
(i) Limitation of Liability. Two Hearts Equine Transport, its affiliates, or its respective employees, subcontractors, directors, agents, managers, directors, shareholders, officers (individually and collectively “Transporter”) maximum liability under this Agreement shall be the total amount paid for transport Services under this Transport Agreement AND UNDER NO CIRCUMSTANCES TO EXCEED FIVE THOUSAND DOLLARS PER HORSE.
(j) Cancellation Policy.
Cancellation/Reschedule by Owner. The Owner understands that in booking his/her horse(s), they have reserved a space in the trailer, and that other horse(s) of other customers of Transporter may have been refused this space as a result which results in a non-recoverable loss to Transporter. As a result, any cancellations within 2 weeks of booking will be charged a cancellation fee of 50% of the original deposit. Cancellations within 7 days of scheduled pick up will be charged a cancellation fee of 100% of the original deposit. This includes a horse that doesn’t load, improper documentation/paperwork at time of pick up, or non-disclosure of any items/requirements previously mentioned in this Agreement.
Force Majeure. Transporter, in his/her sole discretion, reserves the right to delay or reschedule (as a last resort only) the commencement of the trip due to hazardous weather, mechanical difficulties, or extenuating circumstances (including but not limited to riots, insurrection, war, terrorism, acts of God, including epidemics and pandemics, beyond Transporters control and not foreseeable at the time of execution of this Transport Agreement (each of the foregoing, a “Force Majeure Event”) . Transporter, in his/her sole discretion also reserves the right to extend the duration of the trip as may be reasonably necessary for the safety of Transporter and/or the horse(s) in the event a Force Majeure Event arises during transportation. Owner agrees to cover any additional costs reasonably necessary for the safety and care of the horse(s) in the even the trip is extended for a Force Majeure event.
In the event of cancellation or delay by Transporter for reasons within Transporter’s reasonable control, Transporter will issue a full refund to Owner if Owner does not wish to utilize Two Hearts Equine Transport for transportation services on the recommended and reasonable rescheduled date.
(k) Assignment. This Contract is non-assignable and non-transferable. No assignment, delegation, or transfer will relieve either party of the performance of any accrued obligation that such party may then have under this Transport Agreement.
(l) Governing Law and Jurisdiction This contract is entered into in the State of Wisconsin and shall be interpreted, governed, and enforced under the laws of the State of Wisconsin. Should either party breach this contract, the “breaching party” shall be responsible to the other party for court costs and reasonable attorney fees related to such breach and awarded by a court of competent jurisdiction. Any legal action or proceeding concerning the validity, interpretation and enforcement of this Transport Agreement, matters arising out of or related to this Transport Agreement or its making, performance, or breach, or related matters will be brought exclusively in the courts of Madison, Wisconsin. All parties consent to the exclusive jurisdiction of those courts and waive any objection to the propriety or convenience of such venues.
(m) Severability; Reformation. Each provision in this Transport Agreement is independent and severable from the others, and no provision will be rendered unenforceable because any other provision is found by a proper authority to be invalid or unenforceable in whole or in part. If any provision of this Transport Agreement is found by such an authority to be invalid or unenforceable in whole or in part, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision and the intent of the parties, within the limits of applicable law.
(n) Waivers. Any delay in enforcing a Party’s rights under this Transport Agreement, or any waiver as to a particular default or other matter, will not constitute a waiver of such party’s rights to the future enforcement of its rights under this Transport Agreement, except with respect to an express written waiver relating to a particular matter for a particular period of time signed by an authorized representative of the waiving party, as applicable.
(o) Entire Agreement. This Transport Agreement represents the entire agreement between the Transporter and the Owner/Agent regarding the transportation services. No other agreements or promises, verbal or implied, are included unless specifically written into this Transport Agreement and initialed by Transporter and Owner. Each party confirms that it is not relying on any representations or warranties of the other party except as specifically set forth in this Transport Agreement.
Release
OWNER HERBY VOLUNTARILY RELEASES AND FOREVER DISCHARGES TRANSPORTER AS DEFINED ABOVE, FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, WHICH ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH THE TRANSPORTATION OF AFOREMENTIONED HORSE(S) UNDER THIS TRANSPORTATION AGREEMENT, EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TRANSPORTER.
OWNER FURTHER AGREES, PROMISES, AND COVENANTS NOT TO SUE, ASSERT OR OTHERWISE MAINTAIN OR ASSERT ANY CLAIMS AGAINST THE TRANSPORTER, AS DEFINED ABOVE, FOR ANY INJURY, DEATH, OR DAMAGE TO THE AFOREMENTIONED HORSE(S) ARISING FROM OR IN ANY CONNECTION WITH THE TRANSPORT, CARE, OR FEEDING OF SAID HORSE(S) DURING TRANSPORTATION, EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TRANSPORTER, OR FROM ANY CLAIM ASSERTED BY OTHER THIRD PARTIES.
OWNER/AGENT SIGNATURE BELOW INDICATES THAT I UNDERSTAND ALL PAGES OF THIS TRANSPORT AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN IN ITS ENTIRETY.