(THE FORM BELOW MUST BE FILLED OUT ON SCREEN
AND THEN PRINTED, SIGNED
AND FAXED TO THE NUMBER BELOW)
Elite Breeding Partners, Inc.
Phone (917) 771-7710· FAX (718) 605-8809
hereby appoint ELITE BREEDING PARTNERS, INC. ("Elite") as my agent for the following horse:
I agree to pay Elite the following a) a fixed
commission charge of ONE THOUSAND ($1,000) per
horse for services rendered by Elite* (upto a sales price of
$100,000) and even if said horse(s) is purchased at the sale by all
or a part of the original owners of said horse(s); b) any sales
company commission, entry fees or other fee, charge or post of any
kind or nature charged by sales company; and, c) any charges
incurred by Elite for advertising, videotapes, stall cards,
equipment, plus any other charges incurred by Elite while the
horse(s) is in the care and under the control of Elite.
In the event I fail to pay
any of the aforementioned monies to Elite within thirty (30) days of
the sale I shall pay Elite interest at the rate of one and one half
(1.5%) percent per month, or the maximum legal rate, whichever is
less, on any delinquent payments until all principal and interest is
paid in full, together with all expenses of collection and all
reasonable attorneys' fees incurred in said collection.
I hereby consent and agree to be bound by the Terms and Conditions of the sales company (as set forth in the sales company agreement) and agree to be bound by the liabilities, duties and rights of release and indemnification as if I were the consignor as set forth in said sales company agreement.
I agree to notify Elite in writing of any wobblers, cribbers, broken bones, chips, nerving, unsoundness of sight or wind, or any other material physical problem at least thirty (30) days prior to the sale and I hereby authorize Elite to disclose same at said sale.
If any litigation, arbitration, demand or claim should arise as a result of a horse having any of the aforementioned conditions and of my not notifying Elite of any of the aforementioned conditions prior to the sale and/or in any other way arising out of or relating to the sale of any of the horse(s) herein and/or the agency created herein (other than the willful misconduct of Elite) then in any or all of said event(s), I agree to indemnify Elite and its officers, directors and employees and to hold them harmless from any and all damage, loss, liability, cost and expense relating to same (including reasonable attorney's fees). I also agree to pay all costs and expenses (including reasonable attorneys' fees) of the defense of Elite, and its officers, directors, and employees if the retention of independent counsel by Elite, and/or its officers, directors, and employees becomes necessary because of a conflict of interest.
I hereby consent and agree to be bound by the Terms and Conditions of the sales company (as set forth in the sales company agreement) and agree to be bound by the liabilities, duties and rights of release and indemnification as if I were the consignor as set forth in said sales company agreement.
I agree to notify Elite in writing of any wobblers, cribbers, broken bones, chips, nerving, unsoundness of sight or wind, or any other material physical problem at least thirty (30) days prior to the sale and I hereby authorize Elite to disclose same at said sale.
If any litigation, arbitration, demand or claim should arise as a result of a horse having any of the aforementioned conditions and of my not notifying Elite of any of the aforementioned conditions prior to the sale and/or in any other way arising out of or relating to the sale of any of the horse(s) herein and/or the agency created herein (other than the willful misconduct of Elite) then in any or all of said event(s), I agree to indemnify Elite and its officers, directors and employees and to hold them harmless from any and all damage, loss, liability, cost and expense relating to same (including reasonable attorney's fees). I also agree to pay all costs and expenses (including reasonable attorneys' fees) of the defense of Elite, and its officers, directors, and employees if the retention of independent counsel by Elite, and/or its officers, directors, and employees becomes necessary because of a conflict of interest.
I further agree to pay the sum of FIVE HUNDRED ($500) to Elite for any horse which is cataloged and not offered for sale. In the event that I am not the owner of the horse listed herein, I hereby certify to Elite that I have the legal capacity and authority of the registered owner of record to consign this horse and bind the owner to the terms stated herein.
This agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The agreement may be amended or modified only by a modification in writing signed by both parties.
Arbitration Clause: Any controversy or claim arising out of or relating to the sale or the agency created herein may, at the sole discretion of Elite, be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator may be entered in any Court having jurisdiction thereof. The Arbitrator may grant any remedy or relief which the Arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, attorney's fees, interest, cost or specific performance. If a demand for arbitration is made (and Elite consents to such demand), the party demanding the arbitration hearing will pay the filing fee.
I agree to abide by and be bound by all established customs and practices of Elite. I represent that I have read all the terms and conditions listed above and in the sales company agreement, and have signed below with full and complete understanding thereof and intending to be fully bound thereby. Any person signing this contract, whether signing as owner or agent, agrees to be bound by all of the obligations created, including but not limited to, the obligation to arbitrate any and all disputes at the discretion of Elite. The agent and the principal with both be liable, jointly and severally, for all obligations set forth in this contract.
*
$1000 (upto $100,000), $2000
(upto $200,000), $3000 (upto
$300,000), $4000 (upto $400,000)
SIGNATURE_______________________________________
Email Address
WE MUST HAVE THIS DOCUMENT IN OUR POSSESSION BEFORE WE WILL ENTER THE HORSE IN A SALE.