Hauling waiver
1. Compensation. Owner agrees that the quoted amount is subject to adjustment under the following circumstances:
- If Hauler must spend more than 10 minutes attempting to load each separate horse, beginning from the first attempt to load each Horse, Owner agrees to compensate Hauler at the additional rate of $1 per minute.
- If Hauler must wait for Horse(s) at the vet, horseshow, or other location in order to haul Horse(s) both to and from said destination.
- Hauler agrees not to increase charges for delays such as traffic, ferry wait times, or accidents on the road.
2. Required Documentation. Owner acknowledges that Washington is a brand inspection state and therefore, it is required for all horses leaving Washington state regardless if they have a brand or other paperwork available. A valid and up to date Coggins and health certificate are required. If Owner does not do so, Hauler reserves the right to refuse to haul the Horse(s).
3. Veterinary Care. If Hauler determines Horse(s) require immediate and urgent veterinary care, Hauler will contact Owner at phone number provided. If Hauler cannot reach Owner, Hauler willdeliver Horse to the nearest veterinary clinic of which they are aware. Owner shall be solely responsible for any and all charges incurred through the veterinary care provided.
4. Cancellation Policy.
- If more than 72 hours prior to departure, no fees.
- with two days notice prior to departure, 35% of quote.
- If within 24 hours prior to departure, up to 70% of agreed upon base compensation.
- If Horse(s) will not load into trailer at time of departure after three (3) hours, or, if prior to three (3) hours, Owner chooses to cease attempts to load horse, Owner will pay 100% of base compensation, and additional charges as outlined in Section 3.
In the event of rescheduling, these fees are subject to adjustments or being waived under the hauler’s discretion. Rescheduling or cancellation due to weather deemed unsafe for transport will not incur any of these fees.
5. Hold Harmless and Indemnification Agreement.
5.1. Owner’s Agreement. Owner understands that transporting horses is inherently dangerous and expressly assumes the risks associated with having Hauler haul Horse(s). Including, but not limited to:
- During loading and unloading, Horse(s) may fall, rear up, bolt, or otherwise become injured or die.
- During hauling, Horse(s) may fall down, rear up, or otherwise become injured or die.
- Hauler’s trailer, hitch, or hauling vehicle equipment may malfunction or fail and Horse(s) may become injured or die, despite appropriate federal equipment inspections.- Hauler may be involved in a motor vehicle accident and Horse(s) may become injured or die.
Owner expressly assumed all risks of having Hauler haul Horse(s), including the risk that contractors or agents (collectively, the “Hauler Parties”) may be negligent.
Accordingly, Owner agrees upon behalf of themselves, their guardians, and legal representatives (collectively, the “Owner Parties), not to sue the Hauler Parties or otherwise make a claim against the Hauler Parties in connection with any injury or death associated with Hauler.
5.2. Protective Equipment. Owner may choose to use protective equipment on the Horse(s) for loading, unloading, and hauling. Such equipment may protect Horse(s) against injury, but may carry its own risks of use. Owner agrees to assume all risks related to the use or non-use of protective equipment.
5.3. Waiver of Unknown Claims.
5.4. Owner’s Indemnification Agreement. Owner agrees to defend, indemnify or otherwise hold harmless Hauler against all claims, demands, and causes of action, including costs and attorneys’ fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for the benefit of any of the Owner Parties or brought by others against the Hauler Parties in connection with Horse(s), or any action or inaction taken by the Owner Parties. Such indemnification shall be limited to claims arising from those events, actions or inactions taking place in connection with Hauler hauling Horse(s).
5.5. Insurance. Hauler agrees to provide and maintain commercial insurance as required by law to cover damages to equipment or harm to individuals caused by accidents on the road. Hauler will not provide cargo insurance to cover injury or death to Horse(s). Owner agrees to assume all risk, financial and otherwise, of injury or death of Horse(s).
6. Damage to Hauler’s Equipment. If Horse(s) or any of the Owner Parties damages Hauler’s trailer or other equipment, Owner will promptly pay to repair or replaced the damaged equipment, provided the damage is a safety concern for future horses, or otherwise impedes Hauler’s ability to continue to conduct business
7. Entire Agreement. This document contains the entire agreement among the parties. Any modifications or additions must be in writing and signed by all parties to this agreement. No oral modifications will be considered part of the agreement.
8. Governing Law and Venue. This Agreement shall be governed by the laws of the state of Washington. The parties hereby agree that any legal action under the Agreement shall be brought in King County, Washington and governed by the statutory and common laws therein.
9. Attorneys' Fees and Other Expenses. In any legal actions brought in connection with this:Agreement, the prevailing party will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor of the prevailing party. For the purpose of this Section, “expenses” will include the following costs actually incurred by the prevailing party. attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements.
10. Severability. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application. In lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.