An agister is a person who feeds or pastures livestock for a fee. Agistment contracts are generally subject to the law of bailments. The liability of an agister depends on the terms of the agreement. In the absence of a special contract, the agister is not an insurer against the escape of animals entrusted to his care, but the agreement may provide otherwise.
The Massachusetts General Form of Agreement or Contract is a legally binding document that outlines the terms and conditions between a horse owner (known as the "aviator") and a person or entity providing care and housing for the horses (referred to as the "aristae"). This agreement is used specifically in the state of Massachusetts and is commonly employed in situations where the aviator does not have access to suitable pasture or stable facilities, or when the aristae have available space for the aviator's horses. The Massachusetts General Form of Agreement or Contract typically includes the following key elements: 1. Parties Involved: This section identifies the names and contact information of both the aviator and the aristae. It may also specify if the aristae is an individual or a business entity. 2. Horse Description: Detailed information about the horse(s) being listed is included here, such as breed, age, color, markings, and any distinguishing characteristics. This section may also mention any registration papers or identification numbers associated with the horse(s). 3. Agreement Period: The specific duration of the agreement is outlined, including the start and end dates. It may also provide provisions for possible extensions or the termination of the contract. 4. Fees and Payments: This section describes the financial aspects of the agreement, including the aristae's charges for agreement services, any additional services offered (such as feeding, grooming, or exercising), and the payment schedule (monthly, quarterly, or otherwise). It may also mention late payment penalties or discounts for early settlement. 5. Aristae's Responsibilities: The obligations and duties of the aristae are detailed in this section. It typically covers aspects such as providing adequate pasture, stabling, feeding, and watering the horses. It may also mention any requirements for veterinary care, farrier services, and routine health maintenance. 6. Aviator's Responsibilities: This section outlines the responsibilities of the aviator, which commonly include providing accurate and updated health records of the horse(s), ensuring the horse(s) are suitable for agreement, and promptly notifying the aristae in case of any changes in the horse(s)'s health or behavior. 7. Liability and Indemnification: Both parties' liabilities and indemnification obligations are addressed in this section. It usually specifies that the aviator is responsible for any damages caused by their horse(s), while the aristae takes measures to provide a safe environment for the horse(s) and is not liable for any injuries or accidents that may occur. 8. Termination: The conditions under which either party can terminate the contract are outlined here, including any notice periods that should be given. It may also clarify whether any refund or prorated amount is due upon termination. Different types or variations of the Massachusetts General Form of Agreement or Contract may exist depending on the specific requirements or preferences of the involved parties. However, the main purpose of such contracts remains the same: to establish a legally binding agreement that protects the interests of both the aviator and the aristae in the context of horse care and housing arrangements in Massachusetts.
