Middlebrook Valley Lodge

A. M & R Services Pty Ltd T/as Middlebrook Valley Lodge (The Proprietor) is the operator of Middlebrook Valley Lodge (‘the Stud’) and the provider of various services to its clients, including the agistment of thoroughbred horses at the Stud.
B. The Client is the owner of various horses and desirous of agisting some or all of them at the Stud.
THE PARTIES AGREE:
1. Client Warranties
The Client hereby warrants with the Proprietor:
a. to pay to the Proprietor the Proprietors normal fees and charges (plus applicable GST) for agisting at the Stud any horses owned by the Client (“the Horses”). [The fees and charges shall be paid to the Proprietor at the rate set by the Proprietor from time to time monthly in arrears within 21 days of receipt of invoice]; and
b. to pay either to the Proprietor or as otherwise directed by the Proprietor all fees and charges of any third party contractor or specialist service provider such as the Proprietor's attending veterinary surgeon, farrier, chiropractor or float company incurred in relation to any of the Horses whilst under the care, custody and control of the Proprietor.
2. Proprietor's Lien
a. The Client hereby grants to the Proprietor a general lien upon the Horses and foals (if any) and all other horses of the Client on agistment at the Stud in respect of any money from time to time owing by the Client to the Proprietor whether by way of agistment fees and all or other costs and expenses (including GST) incurred by the Proprietor in respect of any of the Horses.
b. If the Client defaults in payment to the Proprietor of any money due, owing and payable to the Proprietor, and the default has continued for 14 days after the due date for payment; then the Proprietor may enforce the lien by sale either at public auction or by private contract, of the Horse to which the arrears relates and or its foal (if any) or any other Horse of the Client whether or not the arrears relates to that Horse or those Horses.
c. Upon the enforcement of the lien the Proprietor shall be entitled to apply the proceeds of sale:
i. firstly, to pay all costs and expensed in connection with the sale including transportation costs, provision of veterinary certificates, auctioneers fees or otherwise;
ii. secondly, to pay all money due and owing by the Client to the Proprietor under the terms of this Agreement; and
iii. thirdly, to pay to the Client the balance of the proceeds of sale (if any).
d. The Proprietor shall use its best endeavours to take reasonable precautions for the care and safety of the Horses but in all other respects the Horses shall be at the sole risk of the Client from accident, illness or misadventure of any description (unless such accident, illness or misadventure results from intentional or negligent misconduct on the part of the Proprietor).
e. The Proprietor shall not be responsible or liable to the Client for any loss or injury which may occur through the escape of the Horses, or any of them, from any paddock or stable in which they may be located at any time.
f. The Client hereby covenants and agrees with the Proprietor that neither the Proprietor, nor any person claiming under or through the Proprietor shall have any claim against the Proprietor for or on account of, or in respect of, any loss or damage which the Client may suffer by reason of the death of or injury to any of the Horses, including any foal, whatsoever, whether caused by or as a result of accident, illness, misadventure or otherwise.
3. Client's Indemnity
a. The Client hereby covenants to indemnify and to keep indemnified the Proprietor against all costs, claims, expenses, damages and proceedings arising out of or in any way connected with the behaviour of the Client's Horses.
4. Treatment by specialist service providers and expenses
If the Proprietor reasonably believes that the condition of any of the Client's Horses or their foals (if any) is such as to require Immediate attention, the Client hereby authorizes the Proprietor to employ such specialist service provider as the Proprietor deems necessary, including but not limited to veterinary surgeon, chiropractor or farrier, for the purposes of examining diagnosing and treating the Horse or Horses requiring treatment; then
a. All charges payable to the attending specialist service provider(s) including, but not limited to, professional fees, medications and transport costs to and from any surgery or animal hospital shall be borne by the owner and shall be payable, by the Client to the Proprietor or to such person, firm or corporation as the Proprietor may nominate within 7 working days of demand; and
b. No action shall be laid against the Proprietor if any of its servants, agents or employees by reason of the death or injury of any of the Horses due to or contributed by the non-treatment of the Horse by any specialist service provider or the application of any course of medication notwithstanding that the Proprietor or his servants, agents, or employees ought reasonably to have been aware of the Horse's or foal's condition requiring such treatment or medication.