Carrier agrees to transport to the destination indicated the property described above if within the scope of the carrier's lawful operation. The property described above is apparently in good condition unless otherwise noted. It is mutually agreed as to the Carrier and as to each party at any time interested in any or all of the property, that every service to be performed hereunder shall be subject to all conditions not prohibited by law, whether printed or written, herein contained, which are hereby agreed to by the Owner and accepted for himself and his assigns. Carrier will provide, at no additional charge to Owner, one thousand dollars ($1,000) of limited accidental collision mortality insurance per horse transported. Carrier's Basic Rate charge per animal apply only when the shipment is released to a value not exceeding $1000.00 per horse. When a value in excess of $ 1000.00 is declared on any horse, there will be added to the basic rate a charge of $1.55 for each $100 or fraction thereof of such excess valuation for each 100 miles or fraction thereof of distance between points of origin and destination (subject to a minimum excess charge of $100 per animal) THE AGREED OR DECLARED VALUE OF THE PROPERTY IS HEREBY SPECIFICALLY STATED BY THE OWNER OR OWNER'S AGENT TO BE NOT EXCEEDING $1000 PER HORSE UNLESS SPECIFIED OTHERWISE HEREIN. Owner will maintain current horse medical and mortality insurance, or can elect not to carry horse medical and mortality insurance and thereby assume ALL risk of loss and damages (to include but not be limited to injury, death, illness or disease, physical damage or harm). Owner understands and acknowledges that the only insurance provided to the Owner by Carrier is one thousand dollars ($1,000) of limited accidental mortality insurance per horse transported. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARRIER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, RELIANCE, INCIDENTAL, SPECIAL, DIRECT OR INDIRECT DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR FUTURE BREEDING VALUE, PERSONAL INJURY OR ANY OTHER LOSSES UNDER ANY LEGAL THEORY INCLUDING CONTRACT AND TORT, ARISING FROM, OR IN CONNECTION WITH, THIS AGREEMENT EVEN IF CARRIER HAS BEEN FIRST ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. CARRIER'S ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY OWNER. SOME STATES OR JURISDICTIONS DO NOT PROVIDE FOR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, IN THOSE JURISDICTIONS, THE FOREGOING LIMITATION MAY NOT APPLY. Owner, at Owner's cost, will also secure the following: Health Certificate; Negative Coggins EIA Test; and Brand Inspection Certificate (if applicable); and will provide one bale of hay per horse at pickup. Owner agrees not to ship any horse Owner knows to be or believes to be ill with a contagious condition and acknowledges that no horse will be picked up that appears to be ill with a contagious condition. Injured horses or ill horses without a contagious condition may be transported with written authorization from a licensed veterinarian. Owner agrees to reimburse the Carrier for all veterinary services, drugs and other medical supplies in the event of an emergency or as the Carrier deems necessary for the well-being of the horse(s). The rate quoted is for stated delivery and care of the horse(s). Surcharges may apply for veterinary bills resulting from the need for treatment while en route; additional tack not listed on the authorization form; a change of location in pickup or delivery; a difficult horse that takes more than 60 minutes to load; delays in loading a horse due to paperwork not being ready through no fault of Carrier, the horse not being ready or the contact person being unavailable; or a difficult access road that was not disclosed to the Carrier when the quote was made. Surcharges will be calculated at $50 per hour. Carrier agrees to provide a full refund of Owner's deposit if transportation must be canceled due to hazardous weather, mechanical difficulties or extenuating circumstances. Cancellation: Should owner need to cancel, the deposit is nonrefundable. Deposit is also not refundable in case of inaccessibility to pick up location, unavailability of horse to be loaded, refusal of horse to be loaded. Carrier reserves the right to cancel due to weather or any act of god which creates a condition that Carrier deems dangerous for transporting Owner's animal(s). Should Carrier need to cancel for any reason, Owner will be refunded the deposit in full. Carrier will make commercially reasonable efforts to deliver the horse(s) at or about the requested delivery date but is not responsible for delays due to inclement weather, road closures, mechanical failures, or other acts of force majeure whether or not of a class or kind mentioned herein and not reasonably within Carrier's control. During such delays, Carrier shall take reasonable measures to care for the horse(s) and reserves the right to return the horse(s) to Owner if returning the horse(s) is deemed by Carrier to be the most prudent course of action under the circumstances. A deposit of at least 50% of the shipping fee is due in advance in good funds to the Carrier. Prior to being scheduled, Owner must provide Carrier clear, detailed directions to the point of pickup and the delivery point. The balance of the shipping fee must be paid prior to pick up, unless some other prearranged payment method has been agreed to in advance by Carrier. Acceptable forms of payment include cash, wire transfers or electronic fund transfers, certified checks, or cashier's checks. If the balance is not paid at the latest upon delivery of the horse(s), Carrier shall be entitled to recover from Owner all costs and damages incurred by Carrier, including boarding costs and reasonable attorneys fees, and shall have a lien against the transported horse(s) for the value of services rendered by recording this Agreement in the County of the State in which the delivery is made. Carrier shall be entitled to enforce said lien in accordance with appropriate state laws. The Owner releases the Carrier from all liability and fully indemnifies the Carrier, & the Carrier's agents, from any and all liability for any act of negligence or want of ordinary care on the part of the Carrier. The Owner further agrees to indemnify and hold harmless the Carrier, and the Carrier's agents, against all claims, demands and causes of action, including court costs and actual attorneys' fees incurred, arising from any death, injury, or property damage caused by the Owner's animal(s) in connection with the shipping asserted by third parties. This sale shall be deemed to have been made in the State of Florida and shall be governed by the laws of Florida notwithstanding any conflict-of-laws doctrines. Any claim related to this Agreement must be brought in the federal or state courts located in Marion County, Florida and the Parties expressly consent to the personal and subject matter jurisdiction of those courts and waive any other jurisdiction and venue whether by virtue of domicile or otherwise. If Owner brings an action in contravention of the jurisdiction and venue provisions hereof, Owner shall be liable for costs, expenses, and attorney's fees incurred by Carrier in dismissing the action or transferring it to Florida. This Agreement shall bind and inure to the benefit of the parties and their respective principals, employees, agents, heirs, successors, and permitted assigns. The parties agree that the terms and conditions stated herein set forth the entire agreement between the Owner and the Carrier, its agent or employees, and that it supersedes and cannot be modified or changed in any way by the representations or statements of any employee or agent of the Carrier or Owner. This Bill of Lading represents the entire agreement between the parties and replaces any prior oral or written representations or writings between the parties, including but not limited to phone conversations, in person conversations, text messages, email correspondence and social media exchanges and postings. Any party executing this Agreement on behalf of Owner, is presumed to have the actual authority to act on behalf of Owner or as sub-agent to any agent of owner. A copy of this Bill of Lading provided to Owner's agent shall suffice as a receipt to Owner provided prior to moving the horse. A copy of the rate, classification rules and practice of Carrier is available upon request by Owner.