STUDBOOK DEVELOPMENT IRELAND LIMITED T/A WARMBLOOD STUDBOOK OF IRELAND
Terms and Conditions of Application and Process for Inspection of Stallions by the Warmblood Studbook of Ireland.
The following are the terms and conditions of the agreement between Studbook Development Ireland Limited trading as Warmblood Studbook of Ireland – Company Number 465817 hereinafter referred to as “WSI”, and the horse/equine owner and his, her or its employees, invitees, accomplices, servants or agents hereafter collectively referred to as the “the owner”. If you do not agree to these terms, your stallion will not be able to participate in the inspection or inspection process.
1. INTRODUCTION
The owner agrees to the terms and conditions outlined in this agreement. The owner has applied to WSI for admission of his, her or its equine into the Approved Book as an Approved Stallion and for professional assessment of the various qualities of his, her or its equine. WSI administers various inspections and assessments held on pre-published inspections dates at various equestrian centers owned, operated and managed by third parties, throughout the Republic of Ireland. This Contract constitutes the entire and only agreement between WSI and the owner, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract
2. REPRESENTATION AND WARRANTY
The owner represents and warrants that he, she or it is both the equitable and registered owner of the equine the subject of this application.
The owner hereby further represents and warrants that any equine that he, she or it presents provides and/or submits for assessment or inspection or admission to WSI and its studbook is properly and fully trained, is suitably well-handed for inspection purposes, and, is capable of being handled in a safe manner and is not a danger or is not reasonably likely to cause danger or damage to any other equine or person or property.
Furthermore, the owner hereby further represents and warrants that it will at all times during the inspection process take, assume, ensure, and oversee full control and care of any equine in its ownership, that is presented and provided for assessment or inspection or admission to the Warmblood Studbook of Ireland. All riders, handlers, grooms, and assistants will wear appropriate riding helmets.
3. RIGHT TO REFUSE
WSI reserves the right in its sole discretion to refuse admission at any time to the inspection process.
4. INDEMNIFICATION
The owner hereby agrees to indemnify, defend, and hold WSI and any of its affiliates, licensors, suppliers, associates, collaborators and its employees, servants and agents, and any of the third party equestrian premises owners and operators as above referred to,harmless from any direct or indirect, liability, loss or losses, claim, action or damage, arising from any injury or damage to a person, an equine, or property or any liability, or any special, incidental or consequential loss or losses, claim, damage arising directly or indirectly from any accidental death, and expense, including reasonable legal fees, related to the above.
“Liabilities” for the purposes of this agreement, means liabilities, costs, charges and expenses, consequential or otherwise (including all liabilities for judgments, fines, penalties, amounts paid in settlement, legal fees and expenses), that the Individual suffers or incurs resulting from, any proposed or actual action, suit or other proceeding in which the Individual is or may become involved; any order made or judgment awarded against the Individual, or any investigation or proceeding involving the Individual by any court, administrative or quasi-judicial official body, agency or tribunal.
5. DISCLAIMER
WSI and any of its affiliates, licensors, suppliers, associates, collaborators and its employees, servants and agents, hereby disclaims and sets forth that WSI and any of its affiliates, licensors, suppliers, associates, collaborators and its employees, servants and agents are not and will not be liable for any direct or indirect, special, incidental, or consequential damages or losses, liability, loss or losses, claim, action damage, arising from any injury or damage to a person, an equine or property or any liability, or any special, incidental or consequential loss or losses, claim, damage arising directly or indirectly from any accidental death, whether any of the aforementioned is based on breach of contract, tort, or arising from legislation or under the common law.
6. ALTERNATIVE DISPUTE RESOLUTION
If any disagreements arise, the Parties will use their best efforts to negotiate to resolve all differences. The collaboration of Parties and their researchers is paramount. However, if the dispute cannot be settled through inter-party negotiations, the Parties agree to settle the dispute by mediation before resorting to arbitration. The Parties agree to appoint an Independent Mediator to convene the mediation. Should the parties fail to agree to resolve such dispute by Mediation, then the parties agree to Arbitration as the second and final dispute resolution mechanism, in accordance with the Rules and Procedures of the Warmblood Studbook of Ireland. The fees for mediation and arbitration will be borne by the complaining Party.
7. GOVERNING LAW
This agreement shall be governed by and construed, and interpreted and enforced in accordance with the laws of the Republic of Ireland, and the Courts of the Republic of Ireland shall have exclusive jurisdiction in relation to any dispute that requires to be litigated arising from this agreement and the above mentioned Alternative Dispute Resolution process.
1. I attest that the above-named horse is in a fit state to be presented for assessment or inspection and is or will be sufficiently trained. A competent handler will at all times be present with the horse and the horse will be under his or her care and control at all times.
2. All the owners of the horse agree to indemnify WSI, the venue owners, and their employees and agents on demand in full against any loss, claim or damage before, during, or after the assessment sustained or perpetrated by any person, goods, or horses.
3. By submitting this Assessment Application, I agree to be bound by the rules and procedures of the Warmblood Studbook of Ireland. I permit the Studbook to collect, store, analyze, publish, and disseminate data about me and my horses; and to videotape and publish videotape on the internet.
4. All equines entered into the Studbook must have parentage confirmed by DNA analysis either by WSI’s approved laboratory or another laboratory approved by WSI. To maintain approval owner must comply with all Studbook Rules.
5. Due to the high fixed costs associated with stallion inspections, no refunds will be given.
Warmblood Studbook of Ireland
14 Carrowgar, Ogonnelloe, Scarriff, Co. Clare
061.526.831 / +353.61.526.831
tom@irish-warmblood.com