This agreement is made between the Landowner and the Agistor and includes the attached Terms and Conditions of Agistment.

BACKGROUND

A. The Landowner owns the Property.

B. The Agistor wishes to agist its Horses on the Property arrange for the Agistment Period (Agistment).

C. The parties have agreed to the Agistment in consideration for the Agistment Fee on the terms and conditions in this agreement.

SCHEDULE

Landowner (us, our or we): Laura Ushay trading as Lagoballo (ABN: 73 667 038 960) of 108 Settlers Rd, Royalla NSW 2620

Phone: +61 417 629 323

E-mail: info@lagoballo.net

Property: TBA

Agistment Area: 3 large-fenced paddocks down the bottom (Easterly side) of the property, with auto-water feeders (of which Lagoballo will allocate your paddocks with rotations to rest pastures), 60m x 30m sand (flood-lit) arena, shared tack and feed storage area, kitchenette, wash bay and tie up bays, and float parking

Services Included: See the "Agistment Inclusions" page on our website for the full list

Exclusivity: The Agistor does not have exclusive use of the Property. Clinics/lessons and other hires may occur, as well as facility maintenance/improvement works. Lagoballo will make the calendar of events available so facility availability is known.

Agistor

Horse(s) Details

Float Details

If you don't have a float, please write N/A in the following questions.

Agistment Type & Fee

The Agistment Fee and any other money owing to the Landowner by the Agistor must be paid within 14 days of the due date they are due and owing and in accordance with the terms set out on any Invoice issued by the Landowner to the Agistor.

Membership/payment plans will be set up through the website to ensure continuity of payment and ease of payments for the Agistor and Landowner accordingly.

Agistment will be paid in advance as per your selected membership (i.e. fortnightly or monthly).

Emergency Contact Details

Veterinarian Details

TERMS AND CONDITIONS OF AGISTMENT

(OPERATIVE PROVISIONS)

1. Agistment

        (a) This Agistment Agreement (Agreement) takes effect on and from the date which it is accepted by you and will commence on the Start Date set out in the Schedule.

        (b) You may not make any cancellations after the Start Date other than under these Terms and Conditions of Agistment (Terms).

        (c) A minimum of 14 calendar days' notice, in conjunction with your payment membership plan, is required, to cancel your agistment. Upon agreement, you must vacate your property and horse(s) on or before this date.

2. Our obligations

In consideration of the Agistor paying the Agistment Fee and complying with the Terms of this Agreement:

        (a)  the Agistor will have:

                (i) the right to use the Agistment Area set out in the Schedule on the Property for the Agistment Period to agist the Horses;

                (ii) the right to enter the Agistment Area at any time without notice, with or without Horses or vehicles for the purpose of maintaining the Horses or moving the Horses to and from the Property and any other incidental purposes such as maintaining fences damaged by the Horses or works to the Property as agreed in writing with the Landowner; and

                (iii) the right, on giving reasonable notice to the Landowner, to use any holding yards, horse facilities or other structures on the Property and the adjacent holding paddocks as may be necessary for the proper handling and maintenance of the Horses, provided that grazing of the Horses in the Landowner’s holding paddocks is limited as far as possible to times when it is essential for the proper handling of the Horses. Otherwise the Horses will be confined to the Agistment Area.

3. The Agistor's obligations and promises to the Landowner

Under these Terms you will have the following responsibilities and obligations as the Agistor:

        (a) to pay to the Agistment Fees set out in the Schedule to the Landowner for agisting the Horses in accordance with the Payment Terms in the Schedule.

        (b) to pay the Landowner any other monies owing under this Agreement in accordance with the Payment Terms.

        (c)  the Agistment Fees must be paid regardless of whether you are grazing all of the Horses on the Agistment Area of the Property and are for a set number of Horses as a lump sum, regardless of whether the number of Horses actually grazing on the Property changes at any one time.

        (d) to observe all the practices of good animal husbandry in relation to the Horses and their use of the Property and Agistment Area;

        (e) not permit excessive grazing on any paddock within the Agistment Area or the Property or the destruction or deterioration in any way of the Agistment Area and the Property;

        (f) to generally preserve the interests of the Landowner in relation to the maintenance of the Agistment Area and Property for grazing purposes;

        (g) to pay for all the supplementary food, hay and veterinary care that the Agistor’s Horses required, noting the Landowner is in no way responsible for any such expenses;

        (h) to repair and maintain the fences on the Property in equivalent order, condition and repair to their condition at the Start Date of this Agreement;

        (i) to have insurance in place for the Horses and any horse equipment stored on the property with them, noting the Landowner’s insurance may not extend to agisted Horses and insurance for the Horses is the responsibility of the Agistor;

        (j) at your own expense, comply with all notices issued by any government or regulatory authority (Government Notices), regardless of whether any Government Notices were served on you direct or the Landlowner direct, provided that the Landlowner forwards any such Government Notices served on them to you within a reasonable time after receiving it;

        (k) to indemnify and hold harmless the Landowner from and against all damages, costs, charges, expenses, actions, claims and demands which may be incurred or made against the Landowner by:

                (i) you for any injury you or a Horse may sustain when using or entering upon the Agistment Area and/ or the Property other than any injury arising from the Landowner’s negligence; or

                (ii) any person for any injury that the person sustains when using or entering upon the Agistment Area or Property, provided that any such injury arises from or has arisen as a result of the negligence of or as a result of the creation of some dangerous or hazardous situation caused by you regardless of whether or not the existence of the dangerous or hazardous situation ought to have been known to you as the Agistor;

        (l) to pay to the Landowner upon demand and from time to time in addition to the Agistment Fees, any additional amount payable by the Landowner in respect of any tax, levy, excise, charge or duty imposed on the Landowner because of the grazing activities of the Agistor carried out on the Property, but excluding any normal rate or charge payable to any local council for council rates or government department such as the rural lands protection board;

        (m) to ensure that the Horses are free from any illness or diseases and that relevant State or Territory laws have been complied with regarding transporting the Horses;

        (n) in accordance with the Surveillance Devices ACT 2007, understand that they are being recorded by security cameras on the property, which can be supplied to the Authorities (where requested for investigations)

        (o) by signing this Agreement you consent to being recorded, and any visitors/guests accompanied by you, by the security cameras on the premises;

        (p) to pay default interest at the rate of 15% per annum calculated daily on any Agistment Fees or other monies not paid in accordance with the Payment Terms or this Agreement; and

        (q) to ensure their horse(s) are provided with the required care, including:

                (i) 6-8 weekly farrier service checks

                (ii) worming/fecal egg count completed as per the schedules set out by the Lagoballo team

                (iii) feeding adequately to ensure horse condition is maintained

                (iv) injuries/illnesses are reported to the Lagoballo team

                (v) regular visitations (daily preferred) to check your horse(s) - unless you have made arrangements with the Lagoballo team to do this for you

                (vi) horse equipment is regularly checked and re-fitted to ensure it doesn't impact horse condition/welfare

                (vii) at a minimum, annual dental checks

                (viii) ensure the Agistor has plans in place for any evacuations of their horse/property in emergency situations

                (viiii) ensure your horse is vaccinated for tetanus and strangles annually (Agistor to provide evidence to the Lagoballo team).

4. Breach of the Agreement by the Agistor

        (a) The Landowner and the Agistor agree that if any of the following events occur:

                 (i) The Agistor does not pay the Agistment Fees or any other monies due under this Agreement within 14 days of a request to pay such fees;

                 (ii) the Agistor neglects or fails to perform and observe any of the Agistor’s obligations and duties under this Agreement;

                 (iii) a sequestration order is made against the Agistor under the Bankruptcy Act 1966 (Cth) where the Agistor is a sole trader; or

                 (iv) the Agistor must go into liquidation whether voluntarily or otherwise, except for the purpose of reconstruction, where the Agistor is a company,

then, the Landowner may at its absolute discretion and option either:

                 (v) immediately or at any time after terminate this Agreement and remove the Horses from the Property in accordance with the rights available for impounding of stock not lawfully on a property; or

                 (vi) allow the Horses to remain on the Agistment Area and/ or the Property and maintain a lien on the Horses as provided in clause 5 below,

and in either case regardless of which option the Landowner uses, the Agistor shall be and remains liable for the whole of the Agistment Fees and for any other monies due under this Agreement and any loss, costs or expenses incurred by the Landowner as a result of the Agistor’s breach of this Agreement;

        (b) the Agistor must pay all reasonable legal costs, Horse transport, impounding fees and and other expenses incurred by the Landowner in connection with the breach of this Agreement;

        (c) this agreement shall not be assignable by the Agistor without the prior written consent of the Landowner.

5. Lien

        (a) The Agistor grants the Landowner a general lien upon the whole of the Horses for any sum owing under this Agreement at any time by the Agistor to the Landowner (Lien).

        (b) The Landowner is permitted to enforce the lien by the sale of any of the Horses by auction or private contract (Sale).

        (c) If there are leftover funds after the Sale, the Landowner will provide them to the Agistor within a reasonable time after such Sale.

6. No Lease

Nothing in this Agreement shall be deemed to create or constitute a lease or exclusive right to possession of the Property and, where the Property is in New South Wales, the the provisions of the Agricultural Tenancies Act 1990 (NSW) as amended shall have no application whatsoever to the rights between the parties.

7. No assignment by Agistor

The Agistor cannot assign this Agreement to any third party or related entity without the prior written consent of the Landowner.

8. Termination

Either the Agistor or the Landowner can terminate this Agreement by providing 14 days written notice to the other party for any reason (Termination Notice). If the Landowner deems that acts made by the Agistor, their guests or their horse(s), is unsafe or compromises the safety of others, or repeatedly acts in acceptable means, then the termination notice may be less than 14 days.

9. After Termination

        (a) Upon termination of this Agreement under the preceding clause, the Agistor must:

                (i) arrange for the removal of the Horses by the date the Agreement will terminate pursuant to the Termination Notice;

                (ii) ensure that the Agistment Area and Property are left in equivalent condition to that in which it was delivered by the Landowner for use by the Agistor; and

                (iii) ensure that all Agistment Fees and other money owed under this Agreement is paid in full.

        (b) Termination under this Agreement will not affect any rights or liabilities which a party to this Agreement has accrued under it.

        (c) Clauses 3, 4, 5, 10, 11 & 12 will survive termination of this Agreement.

10. Notices

        (a) Any notice given under this agreement shall be in writing and may be given by post, e-mail or by delivery to the following for each party:

                (i) last known address; or

                (ii) email address; or

        (b) Notices that are posted must be taken to have been received 5 days after posting unless proved otherwise.

        (c) Notices sent by e-mail will be taken to have been received immediately after they have been sent.

11. Governing Law

The laws of the Jurisdiction set out in the Schedule govern this agreement and the Agistor and Landowner agree to be bound by the courts and tribunals in that Jurisdiction.

12. Entire Agreement

This Agreement contains the entire understanding between both parties and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments, documents and agreements, in respect of the subject matter.

13. Counterparts

This Agreement may be executed in any number of counterparts that together will form one Agreement.

14. How can the parties vary this Agreement?

If the parties want to vary this Agreement (including varying the Agistment Fee or the number of Horses to be agisted on the Agistment Area) they must do so in writing on a document signed by both parties.

15. Relationship of parties

This Agreement is not intended to create a partnership, joint venture or agency relationship between the parties.

16. Costs and expenses

Subject to clause 4, each party must pay its own costs and expenses (including legal costs) in connection with the negotiation, preparation and signing of this Agreement and any document related to it.

17. GST

In this agreement:

        (a) GST means GST within the meaning of the GST Act.

        (b)  GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

        (c) The Agistment Fee and any other payments referred to in this Agreement will clearly state whether they are GST inclusive or “plus GST” or “no GST payable” as the case may be.

        (d) The Landowner acknowledges that where it is registered or entitled to be registered for GST, it will add GST to the Agistment Fees in accordance with the GST Law. Any GST amount (where applicable) will be stated clearly on any invoice or other correspondence between the Landowner and the Agistor.

        (e)  Where this agreement requires the Agistor to reimburse or contribute to an amount payable by the Landowner to a third party, the amount required to be reimbursed or contributed by the Agistor to the Landowner shall be the amount paid by the Landowner to the third party.

EFFECT OF THIS AGREEMENT

One agreement per Agistor is required before you can actively utilise Lagoballo and its facilities by you and your horse(s).

This agreement stays in effect until your agistment is cancelled, terminated or new agreements are signed.

By signing this Agreement, I agree to all the conditions and terms contained therein.