One of the key legal documents used in the horse buying and selling process is the "San Jose California Waiver and Release by Purchaser for Sale and Delivery of Horse." This waiver and release form serves as a contractual agreement between the purchaser and seller, offering legal protection and outlining the terms and conditions of the horse sale and delivery. The San Jose California Waiver and Release by Purchaser for Sale and Delivery of Horse form covers various important aspects related to the purchase and delivery of a horse. It ensures that both parties are well-informed and aware of their rights and responsibilities. Here is a detailed description of the form and its sections: 1. Introduction: This section officially identifies the document as a waiver and release form specifically applicable to the state of California and the city of San Jose. It states the intentions of the parties involved and establishes their legal relationship. 2. Parties: This section requires the full details of the purchaser and seller, including their names, addresses, contact information, and any relevant identification numbers or legal entities such as LCS or corporations. 3. Horse Description: This part provides a detailed description of the horse being purchased, including its breed, color, markings, age, sex, registration information (if applicable), and any specific traits or characteristics that set it apart. 4. Purchase Price and Payment Terms: Here, the form outlines the agreed-upon purchase price, any deposit made, and the payment terms, whether it is a lump sum or installment basis. It also includes provisions for any additional costs like delivery, transportation, or veterinary fees. 5. Inspections and Representations: This section specifies whether the purchaser conducted a pre-purchase veterinary examination and acknowledges that the horse is being purchased "as-is" without any warranties, except as expressly stated in the agreement. It may also cover any representations or guarantees made by the seller regarding the horse's health, soundness, or performance abilities. 6. Release of Liability: This critical clause releases the seller from any liability arising from the horse's use, injury, or death after the sale and delivery. It typically includes a broad release encompassing all claims, damages, and disputes related to the horse or the transaction. 7. Indemnification: This section outlines the purchaser's agreement to indemnify and hold harmless the seller from any claims, losses, or expenses incurred due to the horse's actions, care, or use after the sale. It further reinforces the relinquishment of liability by the seller. 8. Governing Law and Jurisdiction: This part establishes that the laws of California and the jurisdiction of San Jose shall govern any disputes arising from the agreement. It may also include a clause for the prevailing party to recover attorney's fees and court costs. Different types or variations of the San Jose California Waiver and Release by Purchaser for Sale and Delivery of Horse may exist depending on the specific needs or circumstances involved. For instance: ā Limited Liability Variation: This version might include limitations on the scope of liability release, potentially excluding certain types of claims or injuries. ā Lease-to-Own Variation: In cases where the horse is being leased with the option to purchase, additional clauses might be added to address the lease period, conditions for purchase, and possible adjustments to the terms. ā Breeding/Reproduction Variation: If the horse being sold is intended for breeding purposes, specific clauses related to breeding rights, genetic guarantees, or ownership of offspring might be included. Note that it is essential for both parties to seek legal advice or consult an attorney knowledgeable in equine law to ensure that the San Jose California Waiver and Release by Purchaser for Sale and Delivery of Horse form is tailored to their specific situation and complies with applicable laws and regulations.
Para su conveniencia, debajo del texto en espaƱol le brindamos la versiĆ³n completa de este formulario en inglĆ©s. For your convenience, the complete English version of this form is attached below the Spanish version.