Rehoming agreement
Find out more about the finer detail of our rehoming agreement by reading the terms and conditions.
1. ABOUT THIS AGREEMENT
1.1 This agreement sets out the terms on which you may rehome an equine.
1.2 By rehoming, we mean that you will be responsible for homing the equine and for all matters relating to its health and welfare. However, as set out in further detail below, any equine you rehome will always belong to us (i.e., you will never own any equine you rehome).
1.3 Please read these terms carefully before you apply to rehome an equine; they include the following important terms:
1.3.1 what we will expect of you and what you can expect of us;
1.3.2 our rights in respect of the equine (including the right to visit and remove the equine);
1.3.3 how the agreement between you and us can be brought to an end; and
1.3.4 what happens if things go wrong (i.e., either we or you do something in breach of this agreement).
2. ABOUT US
2.1 We are WORLD HORSE WELFARE. We are registered with charity numbers 206658 and SC038384 and company number 11029005. Our registered address is at Anne Colvin House, Snetterton, Norfolk NR16 2LR.
2.2 You can contact us using the following methods:
2.2.1 email, [email protected];
2.2.2 telephone, 01953 497238; or
2.2.3 post, World Horse Welfare, Anne Colvin House, Snetterton, Norfolk NR16 2LR.
2.3 If we need to contact you, we will do so using the details you provided us when you first expressed an interest in rehoming an Equine (or such other details as you may update from time to time).
3. DEFINITIONS
3.1 In this agreement, to make it easier to understand, we use some defined words and phrases. Wherever you see one of the words or phrases as set out below used in the agreement, it will have the exact meaning given to it here.
| Word / Phrase | Definition |
| Word / PhraseApplication Form | Definitionmeans the form available once you have registered with us at www.worldhorsewelfare.org/rehome, which must be completed and submitted to us in order to apply to rehome the Equine via our website; |
| Word / PhraseCare Pack | Definitionmeans the pack complied by us, and provided to you, which sets out all known issues with the Equine and any requirements the Equine may have in respect of care and ongoing treatment; |
| Word / PhraseChampionPlus Member | Definitionmeans the insurance product as offered by us, further details of which are as set out on our ChampionPlus Membership website which can be accessed HERE; |
| Word / PhraseEquine | Definitionmeans the equine you are applying to rehome, as agreed between us and you; |
| Word / PhraseEquine End of Life Form | Definitionmeans the form (which is available from us on request) which you must complete and return to us on the Equine’s death in accordance with clause 6.3; |
| Word / PhrasePassport | Definitionmeans the Equine’s passport as issued by the Passport Issuing Organisation (or any replacement or successor organisation); |
| Word / PhraseRegistered Address | Definitionmeans the address at which the Equine is to be kept, as set out in the Application Form, or as otherwise agreed in writing between us and you; |
| Word / PhraseRehoming Fee | Definitionmeans the one-off fee payable by you to us, in accordance with clause 4.3, to rehome the Equine; |
| Word / PhraseTerm | Definitionmeans the length of time for which this agreement will continue in force; |
| Word / Phrasewe, us, our | Definitionmeans World Horse Welfare (as described in clause 2.1); |
| Word / Phraseyou, yours | Definitionmeans, you, the person applying to rehome an equine. |
3.2 Any words following the terms include, including, for example (or any similar expression) are to be considered as illustrative and shall not limit the sense of the words preceding those terms.
4. APPLYING TO REHOME AN EQUINE
4.1 To apply to rehome the Equine, you will need to follow the process as set out on our website HERE.
4.2 COLLECTING THE EQUINE
4.3 Prior to collecting the Equine, you must pay the Rehoming Fee (and, for the avoidance of doubt, we will not release the Equine to either you or another person authorised by you until we have been paid the Rehoming Fee).
4.4 When you (or a person you authorise to collect the Equine on your behalf) comes to collect the Equine, we will provide you (or your representative) with the Care Pack. We strongly advise that you read the Care Pack thoroughly, and our team will be on hand to answer any questions you may have. If you do not collect the Equine personally, we will email you a copy of the Care Pack.
4.5 If, having carefully reviewed the Care Pack, you still wish to proceed with rehoming the Equine, you (or your representative) will be free to take the Equine. From the point at which the Equine is loaded into the vehicle for transportation, a legally binding contract subject to the terms of this agreement will come into effect between us and you.
4.6 Whilst, prior to rehoming, we will carefully check the Equine for any health and other issues, we are unable to guarantee that the Equine will:
4.6.1 be fit for any particular purpose; and
4.6.2 not have any health or other issues which are not identified in the Care Pack.
4.7 You acknowledge and agree that we shall have no liability to you, whatsoever, should the Equine not be fit for any particular purpose, or otherwise has any health or other issues which are not identified in the Care Pack. Should you have any concerns about the Equine, we strongly encourage you to either thoroughly inspect the Equine yourself, or otherwise arrange for a suitably qualified professional to do so on your behalf.
4.8 If you decide not to rehome the Equine at any time prior to a binding contract coming into force between us and you (as set out in clause 4.5), but you have paid the Rehoming Fee, we will refund you the Rehoming Fee in full.
5. RESPONSIBILITY FOR THE EQUINE
5.1 You specifically acknowledge and understand that we will always own the Equine and that you will not acquire, in any way, any ownership rights in the Equine whilst it is under your control.
5.2 From the point at which you collect the Equine from us, you acknowledge that you:
5.2.1 understand and accept all known problems with the Equine as are detailed in the Care Pack;
5.2.2 will, at all times, comply with any specific care/treatment requirements and all other instructions relating to the Equine as are set out in the Care Pack; and
5.2.3 be entirely responsible for all costs relating to the Equine for the Term (including all veterinary, dental, farriery, medicine, feed, stabling costs, end of life costs, costs arising from damage to third parties and their property (including other horses) etc.).
5.3 You acknowledge and agree that the Equine shall only be used for the purpose(s) as set out in the Care Pack and that the Equine will not be used for:
5.3.1 breeding;
5.3.2 other than with our prior written consent, any commercial purposes such as riding lessons, working livery, hire etc. and/or
5.3.3 any sub-loaning (i.e., you may not loan the Equine to any person);
6. YOUR CARE OBLIGATIONS
6.1 In addition to any care/treatment requirements as set out in the Care Pack (and as we may notify you from time to time), you agree that during the Term you will:
6.1.1 consult a qualified and registered veterinary surgeon if the Equine is sick, has been involved in an accident or otherwise is showing signs of disability or disease and comply, in full, with all instructions issued by the veterinary surgeon;
6.1.2 ensure the Equine follows an appropriate worming programme;
6.1.3 keep the Equine’s required vaccinations up to date, including vaccinations for ‘flu and tetanus (ensuring that following each vaccination, the administering veterinary surgeon updates the Passport); and
6.1.4 ensure the Equine’s feet are trimmed and/or shod in accordance with the recommendations of a farrier registered with the Farriers’ Registration Council.
6.2 If a veterinary surgeon recommends that the Equine be euthanised (or such other circumstances justify euthanasia), you shall ensure that the Equine is humanly euthanised by either a veterinary surgeon or a licensed knacker.
6.3 Following the death of the Equine (howsoever arising) you must:
6.3.1 within 48 hours of the Equine’s death, notify us of its death (by way of email or telephone);
6.3.2 within five days, complete and return to us an Equine End of Life Form together with the Passport; and
6.3.3 ensure the Equine’s body is appropriately and lawfully disposed of.
7. YOUR GENERAL OBLIGATIONS
7.1 During the Term, you agree that you will:
7.1.1 be, and remain, a ChampionPlus Member;
7.1.2 keep all veterinary and other treatment records safely and securely and in such a way that we may easily inspect and take copies of them;
7.1.3 provide us, on request, with the details (name, telephone number and email address) of any specialist providing care to, or otherwise advising in connection with, the Equine;
7.1.4 permit us to contact and liaise with any specialist without us first having to give you notice;
7.1.5 other than in the case of an emergency (in which case clause 7.1.6 applies) and unless we and you agree otherwise in writing, give us at least two weeks’ notice of your intention to move the Equine from its Registered Address, and only move the Equine with our written consent (and not before);
7.1.6 if you have to move the Equine in an emergency and therefore cannot give us the notice required under clause 7.1.5, notify us of the new location to which the Equine has been moved and for how long you anticipate the Equine will remain at that location;
7.1.7 not permanently take the Equine out of Great Britain;
7.1.8 in respect of the Passport:
7.1.8.1 ensure it is available for inspection either by us or any other relevant bodies (which could include a police officer, vet or Local Authority official);
7.1.8.2 notify us of any incorrect details contained within it;
7.1.8.3 ensure it is kept up to date with details of all vaccinations given to the Equine, as well as any other required information; and
7.1.8.4 notify us as soon as you are able if you lose or misplace it (and in such circumstances, you will be responsible for the cost of a replacement); and
7.1.9 not contact, nor attempt to contact (whether by social media or otherwise), the Equine’s breeder, any previous owner/rehomer (including an individual that may be listed in the Passport) or anyone who may have had contact with the Equine (other than us).
8. OUR RIGHTS
8.1 During the Term, we will have the right to:
8.1.1 visit and inspect the Equine at any time;
8.1.2 view all of the Equine’s veterinary and other treatment records; and
8.1.3 be involved in any discussions with any specialist(s) relating to the health and welfare of the Equine (and we may do this without you being present and without giving you notice).
9. YOUR RIGHT TO RETURN THE EQUINE
9.1 If you decide that you wish to return the Equine to us, the following shall apply:
9.1.1 you must give us at least four weeks’ written notice (we will then liaise with you to agree an appropriate date and time on which the Equine is to be returned); and
9.1.2 unless otherwise agreed between us and you, you will be responsible for the cost of returning the Equine to us.
10. OUR RIGHT TO REMOVE THE EQUINE OR REQUIRE YOU TO RETURN IT TO US.
10.1 If:
10.1.1 you have breached a term of this agreement; or
10.1.2 we believe it is in our best interests, or in the best interests of the Equine,
we may:
10.1.3 on written notice, require you to return the Equine; or
10.1.4 enter the location at which the Equine is homed and remove it.
10.2 If you return the Equine to us under clause 9, or if we exercise either of our rights as set out in clause 10.1.3 or clause 10.1.4, you agree that you will:
10.2.1 when we ask for it, immediately provide us with all paperwork and documentation (including documentation in electronic form) relating to the Equine, including veterinary records and the Passport;
10.2.2 on request, reimburse us our reasonable costs incurred in recovering the Equine (including the cost of getting any replacement paperwork that may be required and any legal costs); and
10.2.3 from the point at which we retake custody of the Equine, lose all contact with the Equine and have no right to visit, or receive updates in respect of it thereafter.
11. TERMINATION OF THIS AGREEMENT.
11.1 This agreement will automatically come to an end:
11.1.1 on the death of the Equine, once you have complied with your obligations as set out in clause 6.3; or
11.1.2 at the point at which we retake custody of the Equine (whether because you have returned it to us, or because we have removed it from you) and you have complied with your obligations under clause 10.2.1 and clause 10.2.2 (to the extent applicable).
12. INSURANCE AND LIABILITY
12.1 For the Term you will take out appropriate policies of insurance. Many of the activities you may undertake with the Equine will be covered under the insurance provided as part of your ChampionPlus Membership. However, you are responsible for:
12.1.1 carefully reading the policies of insurance provided as part of your ChampionPlus Membership and establishing if there are any activities which you may engage in which are not covered by such insurance; and
12.1.2 if there are any activities not covered, putting in place appropriate additional insurance for the Term.
12.2 For the Term, you agree to reimburse us (if we ask you to) an amount equal to any costs or losses we incur or suffer which arise out of or in connection with the Equine whilst it is in your possession. This could include circumstances where property damage is caused by the Equine where it is handled by a person who is not appropriately insured and a claim for the damages is brought against us (as the Equine’s owner).
13. OUR LIABILITY TO YOU
13.1 We are responsible for losses you suffer caused by us breaking this agreement unless the loss is:
13.1.1 unexpected, i.e., it was not obvious that it would happen and nothing you said to us before we and you entered into this agreement meant we should have expected it (so, in the law, the loss was unforeseeable);
13.1.2 avoidable, i.e., something you could have avoided by taking reasonable action; or
13.1.3 a business loss, i.e., it relates to your use of the Equine for the purposes of your trade, business, craft or profession.
13.2 For the avoidance of doubt, we shall have no liability in respect of any costs you may have incurred and/or debts you may owe, in respect of the Equine (which may include vet and farrier fees) which shall at all times remain your responsibility.
14. PERSONAL DATA
14.1 How we use any personal data you give us is set out in our Privacy Notice which can be found HERE.
15. COMPLAINTS AND DISPUTES
15.1 If you have a complaint or dispute in connection with this agreement, you have two options as set out below.
15.2 In the first instance, please contact us and we will do our best to resolve any problems you have.
15.3 Alternatively, you can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
16. OTHER IMPORTANT TERMS
16.1 Given the application process and the fact that this agreement is personal to you, you cannot transfer this agreement to another person.
16.2 This agreement is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
16.3 If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
16.4 We might not immediately enforce any of our rights under this agreement. However, that does not mean we cannot enforce any such right at a later date.
