An agister is a person who feeds or pastures livestock for a fee. The duty of an agister to keep fences in good repair need not be made an express condition of the agreement, since this duty is implied. Agistment contracts are generally subject to the law of bailments.In this form, the agister is contracting out its responsibilities to a third party.
California Agreement or Contract Between Sister and Self-Employed Independent Contractor Introduction to Agreement in California: An agreement, specific to California, is a legally binding contract that establishes the terms and conditions between a sister (the individual or business that provides boarding and care services for horses or livestock) and a self-employed independent contractor (the individual or business that brings horses or livestock to be boarded and cared for). This agreement outlines key provisions related to the management, responsibilities, liabilities, and compensation associated with the agreement services provided. Key Components of a California Agreement: 1. Parties: Clearly identify the legal names and contact details of both parties involved in the contract — the agister and the self-employed independent contractor. 2. Livestock Description: Include a detailed description of the horses or livestock to be boarded, such as breed, age, gender, and any unique markings or identifiers. 3. Term of Agreement: Specify the duration of the agreement, including the start and end dates, along with any provisions for renewal or termination. 4. Services and Responsibilities: Define the specific services to be provided by the sister, which may include feeding, watering, turnout, stall cleaning, grooming, and other standard care practices. Outline the responsibilities of the self-employed independent contractor, such as providing necessary supplies, veterinary care, and prompt payment for services rendered. 5. Boarding Facilities: Describe the location and amenities of the boarding facility, including stalls, pastures, arenas, wash racks, and any additional services provided (e.g., exercise, training, or breeding facilities). 6. Insurance and Liability: Establish the insurance requirements for both parties to protect against injuries, damages, or losses. Determine liability specifics, such as which party is responsible for injuries caused by the boarded horses or livestock. 7. Compensation and Payment Terms: Specify the agreed-upon compensation and payment terms, including frequency (e.g., weekly, monthly), mode of payment (e.g., cash, check, electronic transfer), any late fees or penalties, and taxes. 8. Termination and Breach: Include provisions for termination of the agreement, including notice periods, reasons for termination, and any penalties or arbitration procedures in case of breach. 9. Governing Law and Jurisdiction: Determine the applicable laws of California that govern the agreement, as well as the designated jurisdiction for resolving any disputes. 10. Severability and Entire Agreement: Ensure that the contract includes a severability clause, which states that if any provision is deemed unenforceable, the remaining terms will still hold. Also, clarify that the written agreement represents the entire understanding between the parties and supersedes any prior discussions or agreements. Types of California Agreement Agreements: While not limited to the following, common variations of California agreement agreements include: 1. Full-Service Agreement: This type of agreement generally covers all aspects of equine or livestock care, including feeding, grooming, turnouts, stall cleaning, and general management. 2. Partial Agreement: In this arrangement, the sister provides limited services, usually excluding additional care and services like grooming and exercise. 3. Training Agreement: This contract caters to clients who also require training services for their horses or livestock, wherein the sister provides training sessions or oversees training provided by another individual. 4. Breeding Agreement: Geared towards horse breeders, this agreement covers the provision of boarding services for broodmares, foals, and stallions, along with specific breeding and reproductive care. Note: It is essential for both the sister and self-employed independent contractor to consult legal professionals to ensure that their specific circumstances and requirements are reflected in the agreement, as this content serves as a general guideline.
