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 will deliver 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 waiver per the hauler’s discretion. Rescheduling or cancellation due to weather deemed unsafe for transport will not incur any of these fees.
5. Indemnification Agreement.
5.1. Acknowledgment and Assumption of Risk by Owner. Owner acknowledges and understands that the transportation of horses is an inherently dangerous activity, and Owner knowingly, voluntarily, and expressly assumes any and all risks associated with the hauling of the Horse(s) by Hauler, including, without limitation, the following:
That during the course of loading and unloading, the Horse(s) may fall, rear, bolt, kick, or otherwise sustain injury or death;
That during the course of hauling, the Horse(s) may fall, rear, kick, or otherwise sustain injury or death;
That the trailer, hitch, or other hauling equipment or vehicle utilized by Hauler may malfunction or fail, resulting in injury to or death of the Horse(s), notwithstanding compliance with applicable federal equipment inspection requirements;
other horses in Hauler’s trailer may fall, rear, kick, or otherwise cause danger to Owner’s horse; and
That Hauler may be involved in a motor vehicle collision or accident, resulting in injury to or death of the Horse(s).
Owner further acknowledges and expressly assumes all risks attendant to Hauler's transport of the Horse(s), including, without limitation, the risks inherent in such transport arising from causes other than the acts or omissions of Hauler's contractors, employees, or agents (collectively, the "Hauler Parties").
In consideration of the foregoing, Owner, on behalf of Owner and Owner's heirs, guardians, executors, administrators, successors, and legal representatives (collectively, the "Owner Parties"), hereby covenants and agrees not to institute, prosecute, or maintain any suit, action, or claim of any kind or nature whatsoever against the Hauler Parties arising out of or in connection with any injury to or death of the Horse(s) occurring in connection with the hauling services provided hereunder.
5.2. Waiver of Unknown Claims. Owner acknowledges that the laws or regulations of Owner's state of residence may contain provisions purporting to limit or invalidate the waiver of claims unknown to Owner at the time such waiver is executed. Owner hereby knowingly and voluntarily waives any and all rights and benefits that the Owner Parties might otherwise be entitled to under any such law or regulation.
5.3. Protective Equipment. Owner may, at Owner's discretion, elect to utilize protective equipment on the Horse(s) in connection with loading, unloading, and hauling. Owner acknowledges that while such equipment may serve to mitigate the risk of injury to the Horse(s), its use may itself give rise to independent risks. Owner hereby assumes any and all risk associated with both the use and the non-use of such protective equipment.
5.4. Indemnification by Owner. Owner agrees to defend, indemnify, and hold harmless the Hauler Parties from and against any and all claims, demands, causes of action, liabilities, damages, costs, and expenses, including without limitation reasonable attorneys' fees, arising directly or indirectly out of or in connection with (a) any action or proceeding instituted by or on behalf of any Owner Party, or (b) any action or proceeding instituted by any third party against the Hauler Parties, in either case relating to the Horse(s), or arising from any act or omission of the Owner Parties; provided, however, that such indemnification obligation shall be limited to claims arising from events, acts, or omissions occurring in connection with Hauler's transport of the 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. Hauler will make best efforts to mitigate expenses to Owner if possible.
7. Entire Agreement. This document contains the entire agreement among the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. 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, included but not limited to, 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.