This Agreement covers the provision of the equine treadmill services offered by TCFE. It incorporates the terms and conditions set out below. These terms and conditions shall continue to apply on each occasion when the Owner requests TCFE to provide treadmill services, unless TCFE advises otherwise. This is regardless of the horse that it is brought for treatment i.e. these terms and conditions apply to any horse brought by the Owner or their representative for treatment, now or in the future.
This Agreement is a legal document and sets out the respective rights and responsibilities of each party. These include obligations on the part of the Owner and limitations on the liability of TCFE. It is important, therefore, that you understand these obligations and limitations before signing this Agreement.
Introduction
These terms and conditions apply where Tockenham Court Farm Equine (TCFE) has agreed to permit the Owner of the Horse to have use of the equine treadmill services provided at the Premises.
Suitability
It is the responsibility of the Owner to ensure that use of the equine treadmill is suitable for the Horse as part of a treatment programme. It is strongly recommended that the Owner should seek the advice of a qualified veterinary surgeon if in any doubt. TCFE and its staff do not take any responsibility for advising on the suitability of the treadmill for treatment of the Horse.
Safety
The Owner should be satisfied that the Horse is safe to use the equine treadmill. If in any doubt the Owner should seek advice from a qualified veterinary surgeon. The Horse should not be brought to the Premises if it has any notifiable or other communicable diseases, or if it is known to have any vices that might result in injury to any persons or other horses at the Premises. TCFE may refuse access to a Horse that appears to have any signs of possible illness or if TCFE consider that the Horse presents any safety risks.
The Owner must provide TCFE with satisfactory evidence that all vaccinations for the Horse are up to date before treatment commences.
The Owner and/or their representatives accompanying the Horse must be suitably dressed throughout the treadmill session. This includes the wearing of sturdy non-slip footwear and appropriate safety wear. TCFE recommends that gloves and a riding helmet are worn when accompanying the Horse on the Premises.
TCFE recommends that the Owner and its representatives should observe the use of the treadmill from the viewing room adjacent to the treadmill room. The Owner and/or its representatives shall only be permitted access to the treadmill room with the express authority of a representative of TCFE.
The Horse should be clean with hooves picked-out and must be in a suitable headcollar or bridle with a sufficiently long lead rope to enable the Horse to be safely tethered whilst on the treadmill. In some cases TCFE may require a chifney to be used.
If the Owner considers that the Horse requires sedation to enable it to use the treadmill it is the responsibility of the Owner to do this. TCFE will not administer any sedation, nor will it advise on the suitability of it.
Administration
On arrival at the Premises the Owner or their representative must report to the TCFE Office which is clearly sign-posted. The Horse must not be unloaded until after a member of TCFE staff has completed the necessary paperwork and confirmed that it is appropriate for the Horse to be unloaded. The Owner’s and their representatives’ vehicles and the vehicle used for the transportation of the Horse must be parked in the designated parking areas.
Throughout the duration of the visit the Owner and its representative must comply fully with all instructions given by TCFE staff. A failure to do so will entitle TCFE to require the Horse to be removed immediately.
The Owner and its representatives must only use those parts of the Premises where the treadmill services are undertaken. Tockenham Court Farm is a working farm and so it is unsafe without proper supervision. No children under the age of 16 shall be brought to the Premises unless fully supervised by the Owner or their representative. No children may enter the area where the treadmill is located and may only observe the treatment from the adjacent viewing room.
Under no circumstances should the owner or their representatives allow any pets such as dogs on to the Premises.
Risk and insurance
TCFE maintains third party liability and public liability insurance with reputable insurers against the risks typically covered by such policies. However, TCFE does not maintain insurances that comprehensively cover all risks that might arise by reason of the provision of the treadmill services. It is for the Owner, therefore, to be satisfied that they have insurance cover in place to address the risks that might arise whilst the Horse is on the Premises. The Owner should notify their insurers that the Horse is receiving treatment on an equine treadmill.
The fees for the treadmill service are based on the levels of liability TCFE is prepared to accept in fulfilling its obligations under this Agreement. If the liability is one covered by the insurances maintained by TCFE, TCFE’s liability shall be capped at the level of insurance it is able to recover from its insurers. Details of TCFE’s insurances are available on request. However, if the liability is one that is not insured by TCFE, TCFE’s liability under or in connection with this Agreement shall be capped at an amount equal to ten (10) times the fees payable by the Owner for the provision of the services. That said, nothing in this Agreement shall seek to exclude or limit the liability of TCFE where it would be unlawful to do so.
Miscellaneous
No changes may be made to these terms and conditions unless made in writing and signed by an authorised signatory of TCFE.