CONSIGNOR TERMS & CONDITIONS (Updated March 1, 2024)

I, (hereafter “Consignor”), enters into this Consignment Agreement (hereafter “Agreement”) with Turner Performance Horse, LLC (hereafter “Consignee”), for consideration and, if accepted, consignment of the following described horse(s) in the League of Legends Invitational Horse Sale to be held on or about Apr 16, 2024 (hereafter “Sale”):

The horse(s) described above and in any additional attachments shall be referred to hereafter as “Horse” or “Horses,” as applicable.

Consignee provides a public means, via live and online auction, to bring together sellers and buyers for the purpose of completing the sale of a specified horse. Consignor understands and agrees that Consignee may, in its sole and absolute discretion, accept or reject any one, or all, of Consignee’s Horse(s) at any time. As a condition of Consignee accepting any of Consignor’s Horse(s) in the Sale, Consignor represents and agrees to the follow sale terms and conditions:

1) Accurate Representation. Consignor guarantees that all information supplied by Consignor regarding Consignor’s Horse(s) is true and accurate.
  1. Accurate Representation. Consignor guarantees that all information supplied by Consignor regarding Consignor’s Horse(s) is true and accurate.
  2. Pre-Sale. Consignor agrees and represents that Consignor will not enter into any agreement to sell the Horse(s) subject to this Agreement outside of the Sale after said Horse(s) has/have been accepted by Consignee into the Sale.
  3. Consignment Fee. Consignor agrees to pay Consignee a consignment fee of $425.00 + a non-refundable $50.00 vet verification fee with a total of $475 (the “Consignment Fee”) per Horse at the time this Agreement is entered into. The Consignment Fee includes the following: stabling for the sale week (Consignor shall provide his/her/its own shavings & feed); brand inspection fee, and entry in the Cattle, Ranch and Trail Horse Competition (hereafter “Competition”). The Consignment Fee is non-refundable upon Consignee’s acceptance of Consignor’s Horse in the Sale, even if the Sale does not take place due to a force majeure event, including but not limited to, infectious disease, quarantine or pandemic, or if Consignor’s Horse(s) are withdrawn from the Sale, either by Consignor or Consignee, for any reason, including but not limited to the injury or illness of Consignor’s Horse(s). If Consignor’s Horse(s) is/are not accepted into the Sale, Consignee will return all original paperwork to Consignor along with $475 of the Consignment Fee for each of Consignor’s Horse(s) not accepted. Consignor understands and agrees that $425.00 of the Consignment Fee is non-refundable and will be retained by Consignee for each of Consignor’s Horse(s) not accepted into the Sale.
  4. Documents Required/Original Document Deadlines. Consignor agrees to deliver to Consignee originals of the following documents by the deadline posted on Consignor’s Sale website at https://turnerperformancehorses.com/league-of-legends:
    1. breed registration papers for each of Consignor’s Horse(s) (if applicable);
    2. brand certificate (if applicable);
    3. negative Coggins dated within 1 year of the Sale date;
    4. professional photographs of each Horse consigned;
    5. radiographs, taken with 6 months of the Sale date, that must include, at a minimum: both front navicular bones (skyline view), both front limbs (lateral view), both hocks (lateral view); and
    6. a completed Seller’s Vet Exam Statement (Exhibit 1 to this Agreement) for each Horse.

    Consignor must be the legal owner of each Horse consigned and each Horse’s registration papers must be in Consignor’s name. Consignee will pay sale proceeds only to the name on the Horse’s registration papers. Consignee will not accept registration papers that do not match the Horse’s color and/or sex. Consignee will not release any payment to Consignor until all required documents are delivered to Consignee.

  5. Acceptance/Screening. Consignee’s screening committee and veterinarian will review Consignor’s submission(s) to the Sale and will notify Consignor if Consignor’s Horse(s) has/have been accepted into the Sale. DO NOT WAIT until the final week to submit entries! Consignee will be reviewing submissions as they come in and, in the event the limited spaces have filled, no further entries will be considered. Consignee’s acceptance or rejection of any particular horse into the Sale is in Consignee’s sole and absolute discretion.
  6. Auction Process. Upon Consignee’s acceptance of Consignor’s Horse(s) in the Sale, Consignee’s authority to auction the Horse(s) to the highest bidder at the Sale becomes irrevocable unless Consignor’s Horse(s) is/ are withdrawn from the Sale by either Consignor or Consignee. Consignor authorizes Consignee to: offer Consignor’s horse for live public auction and online auction during the Sale; to relay Consignor’s representations and warranties to potential bidders on behalf of Consignor; to provide to the highest recognized bidder the paperwork provided by Consignor, a health certificate and, where applicable, a brand certificate, for each of Consignor’s Horse(s) sold in the Sale; and to receive and disburse the proceeds of the sale of Consignor’s Horse(s) to Consignor’s account. Consignee is authorized to deduct from Consignor’s account all unpaid sums due to Consignee. In the event of any deficiency, Consignor agrees to immediately pay Consignee the balance due on demand.
  7. Commission. Consignor shall pay Consignee a commission of 9% of the final bid for each of Consignor’s Horse(s) that are sold at the Sale. In the event Consignor’s Horse(s) is/are not sold, Consignor shall pay Consignee a Commission of $2,000 or 9% of the final no sale bid, whichever is greater. In the event Consignor’s Horse(s) is/are rejected by the buyer(s), Consignor shall pay Consignee $2,000 or 9% of the repurchase amount, whichever is greater.
  8. Reserves. Consignor may designate a minimum price that Consignor will accept at auction (hereafter “Reserve”) for any of Consignor’s Horse(s). Consignor understands and agrees that, if bidding for any of Consignor’s Horse(s) that are subject to a Reserve does not meet Consignor’s designated Reserve for that Horse, said Horse WILL NOT sell but Consignor will still be assessed a Commission of $2,000 or 9% of the highest no sale bid, whichever is greater. Reserves must be confirmed no later than 5:00 pm the day before the Sale. If Consignor wishes to change or remove the Reserve, Consignor must complete a Reserve Revocation/Change form and submit said form to the sale office no later than 5:00 pm the day prior to the Sale. Consignor must make known to the auctioneer that Consignor has passed on the highest bid before leaving the sale ring.
  9. Casual Friday Previews. Casual Friday Preview (“Preview”) offers buyers and consignors the opportunity to meet & interact one on one, as well as the opportunity to try, ride and/or examine horse(s). Consignor understands and agrees that Consignor is required to present Consignor’s Horse(s) at the Preview.
  10. Cattle, Ranch and Trail Horse Competition. The Competition takes place on Saturday morning the day of the Sale. Consignor must bring Consignor’s Horse(s) for its designated go. In the event Consignor fails to bring Consignor’s Horse(s) to the Horse’s designated go, Consignee shall have the option of withdrawing Consignor’s Horse(s) from the Sale. While Consignor is not required to compete and do any or all maneuvers that the competition offers, Consignor’s Horse(s) MUST show up for its go. Consignor may elect to do all maneuvers in the Competition or simply walk across the bridge, lope one circle, or work a cow. Consignor understands and agrees that Consignor’s Horse(s) must not miss its go. Team Roping/Breakaway and Barrel preview will also be available.
  11. Non-Compliance/Liquidated Damages/No Substituted Entries. If, for any reason other than a veterinary excuse, for which proof in the form of a completed veterinary statement signed by a licensed veterinarian and supporting video and/or photographs presented prior to start of Sale, Consignor’s Horse is not offered at the Sale, Consignor shall pay Consignee $1,000 as liquidated damages and not as a penalty. Liquidated damages may only be excused by submitting a completed veterinary statement. Consignor may NOT substitute entries in the Sale.
  12. Catalog Review. Consignor agrees to review the website (available on Consignee’s website at https://turnerperformancehorses.com/league-of-legends) and shall notify Consignee of any inaccuracies no later than 90days prior to the sale. Consignee is not responsible for any inaccuracies in the catalog if Consignor fails to notify Consignee of any such inaccuracies.
  13. Consignor Warranties. Consignor warrants that each Horse consigned to the Sale is sound of wind and limb, free of disease and that all information provided for each Horse is true and accurate. All horses consigned to this sale are offered in accordance with the laws of the State of Montana. Consignor understands and agrees that Consignee is relying on the information provided by Consignor and that Consignee does not provide any warranty, express or implied, as to the soundness, condition, merchantability or fitness for any particular purpose of any horse offered for sale. Any guarantees announced on behalf of Consignor from the auction block are strictly on behalf of the Consignor. Consignor is bound by the terms of conditions of this Agreement. Any and all guarantees and representations of Consignor, including but not limited to guarantees and representations regarding soundness, are between Consignor and the highest bidding buyer of Consignor’s Horse(s) only. Consignor agrees to disclose any obvious blemishes and/or conditions that affect Consignor’s Horse’s health, performance and/or suitability for any particular purpose and Consignor warrants the following:

    1. that Consignor is the legal owner of each Horse consigned and has the right to convey title to each Horse consigned;
    2. that Consignor has title that is free and clear of any adverse claims, encumbrances and/or liens;
    3. each Horse consigned is sound of limb and wind;
    4. each Horse consigned is free of any vision abnormalities and discoloration in its eye(s);
    5. each Horse consigned is free of any hearing impairments;
    6. each Horse consigned is free if any overbite or underbite;
    7. each Horse consigned is not a cribber or weaver;
    8. each Horse consigned is free of any neurological disorder(s);
    9. each Horse consigned is free of any mane and/or tail extensions;
    10. each Horse consigned is free of hoof damage and does not wear shoe pads;
    11. the pedigree, color, parentage, and sex of each Horse consigned is as represented and free of error(s);
    12. each Horse consigned is suitable for the purpose for which it is represented;
    13. each Horse consigned is suitable for the purpose for which it is represented;
    14. each horse consigned is free of medication(s) unless otherwise disclosed; and
    15. all photos & videos submitted for each Horse consigned are the property of Consignor or are provided by Consignor with the copyright owners’ permission.
  14. Delivery/Care of Consigned Horse(s). Consignor shall deliver its consigned Horse(s) to the Sale location no later than 7:30 am on the Friday before the Sale date. Consignee may remove from the Sale any of Consignor’s Horse(s) that Consignor fails to deliver to the Sale location by this deadline. It is Consignor’s responsibility to deliver each of Consignor’s Horse(s) to and from the sale arena for the Sale preview. Consignor acknowledges and agrees that all risk of loss and possession of each of Consignor’s Horse(s) shall be Consignor’s until said Horse(s) is sold and paid for by the highest winning bidder. Consignor shall, at Consignor’s expense, provide all care for each of Consignor’s Horse(s) while stabled on the Sale premises and, in the event Consignor fails to do so, Consignor agrees that Consignee may, at its option, undertake such care at Consignor’s expense. Consignor understands and agrees that, under no circumstance, will Consignee be liable, in any way whatsoever, for any loss, damage, injury, illness, death or the return by the highest winning bidder of any of Consignor’s Horse(s).
  15. Emergency Veterinary Treatment. Consignee is authorized, but not obligated, to secure veterinary care, farrier, transportation or other services as may be necessary, in Consignee’s sole discretion, to protect the life or health of Consignor’s Horse(s) under unusual or emergency circumstances. The cost of all such services shall be the responsibility of Consignor.
  16. Indemnification. Consignor agrees to indemnify, release and hold harmless Consignee, Chad Turner and Paje Turner, and their shareholders, directors, members, owners, representatives, agents, associates, contractors and employees (hereafter the “Indemnified Parties”) of and from any and all claims, liabilities, and/or damages, expenses and costs (including, without limitation, attorney’s fees) whatsoever arising from or related in any to any sale procedure or issue, actions or inaction of Consignor and the sale and/or consignment of any of Consignor’s Horse(s), regardless of whether Consignor’s Horse(s) enter the Sale or not and regardless of whether Consignor’s Horse is sold, any loss or damage incurred by Consignor, Consignor’s Horse(s), owners, employees, agents, representatives and/or property. This includes any claims of breach of warranty, breach of contract or claims of misrepresentation asserted by any buyer(s) of Consignor’s Horse(s).
  17. Publication/Use of Image and Likeness. Consignor understands and agrees that all information regarding the sale price of any of Consignor’s Horse(s) may be made public. Consignor understands, consents and agrees that Consignee may use photos and/or videos of Consignor and/or Consignor’s Horse(s) on its advertising and website. Consignor grants Consignee the right to use Consignor’s and Consignor’s Horses’ name, image, likeness, and any other personal attributes, in any media, for any purpose related to Consignee’s business, including but not limited to marketing, advertising, public relations, promotions, packaging, presentations, and communications and fully releases Consignee from any liability associated with such uses and waives any right to inspect or approve such uses.
  18. Buyer Rejection. Consignor shall accept the return of any Horse consigned by Consignor that is refused by the buyer for lack of disclosure, misrepresentation by Consignor and/or breach of any warranty. Upon the return of any such Horse, Consignor shall owe Consignee all sale expenses and the Sale/No Sale Commission of 9%, as well as the cost of any veterinary services performed and any other costs incurred by the buyer or Consignee for each Horse returned. Consignor is responsible for arranging return shipping and all expenses related to the return of any Horse rejected by the buyer for lack of disclosure, misrepresentation
  19. onsignor and/or breach of any warranty. Consignor’s handling of disputes will be taken into consideration by Consignor when considering any horses from Consignee in future sales.
  20. Post Sale Dispute Settlement. Consignor agrees that if Consignee has paid Consignor for the sale of Consignor’s Horse(s), and Consignor misrepresented the Horse or breached any warranties, Consignor shall make a good-faith attempt to reach a fair settlement with the buyer out of court.
  21. Collection. Consignor understands and agrees that Consignee does not guarantee the validity, enforceability, payment or collection of any instrument delivered or promised by the buyer for payment of the purchase price of Consignor’s Horse(s). Consignor understands and agrees that if a buyer fails to consummate the purchase for any reason, including default of the buyer or otherwise, Consignee shall not be liable for any damages whatsoever, including the purchase price of the Horse. In the event Consignor and/or an agent of Consignor bids/purchases any of Consignor’s Horse(s) without Consignee’s written approval and screening, Consignor shall pay Consignee 9% of the final bid.
  22. Payment. Consignor understands and agrees that Consignee will pay Consignor the sale proceeds, provided that Consignee has received payment from the buyer and there are no disputes or unsettled issues or claims related to the sale, on or before the Monday following the last day of the Sale. Consignor agrees to pay Consignor a fee of $250.00 for each of Consignor’s Horse(s) that Consignor has a problem procuring or processing paperwork. Consignor may not apply sale proceeds to Consignor’s purchase of another horse in the Sale.
  23. Consignor’s Liability for Settlement of Claims. Consignor agrees to reimburse Consignee, upon demand, the full amounts paid by Consignee to settle any claim or demand related to Consignor’s account and/or the sale of Consignor’s Horse(s), including a buyer’s rejection of Consignor’s Horse(s).
  24. Jurisdiction and Venue. This Agreement shall be governed by the laws of the state of Montana and jurisdiction for any dispute arising from or related in any way to this Agreement shall be in the trial courts situated in Lewis and Clark County, Montana.
  25. Attorneys’ Fees. In any proceeding to enforce this Agreement or in the event of any dispute arising from or related to this Agreement, in addition to any other relief that the prevailing party may be entitled to, the prevailing party shall be entitled to recover their attorneys’ fees and costs incurred at the trial and appellate levels, including, without limitation, any attorneys’ fees and costs incurred in litigating the entitlement to and amount of such attorneys’ fees and costs.
  26. Survival of Representations and Warranties. All representations and warranties of Consignor contained herein or made in connection herewith shall survive the execution and delivery of this Agreement.
  27. Sale Format, Dates, Time and Location/Power of Attorney. Consignor understands and agrees that the format, dates, time, and location of the Sale may change should the need arise. Consignor hereby grants Consignee a limited power of attorney to perform all Sale procedures on Consignor’s behalf. Consignor agrees that the terms and conditions of this Agreement as well as those published in the sale catalog will also govern the sale of Consignor’s Horse(s) and agrees to be bound thereby.
  28. Successors and Parties In Interest. All of the terms, provisions and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators and permitted assigns.
  29. Entire Agreement. This Agreement constitutes the entire understanding of the parties hereto with respect to the matters contained herein and all oral or written representations, side-deals, conversations, inducements, understandings, warranties, utterances or agreements made prior to, contemporaneously with, and/or concurrently with the execution and delivery of this Agreement are merged into this written document and are of no further force and effect.
  30. Modifications. No change, modification or waiver of any provision of this Agreement or any other agreement shall be valid or binding unless it is in writing and signed by all parties to this Agreement. Notwithstanding any applicable law, the terms of this Section and all other provisions of this Agreement may not be waived by any prior, contemporaneous, concurrent, or subsequent course of dealing, course of conduct, trade practice, or attempted modification. 30) Severability. Wherever possible, each portion of this Agreement shall be interpreted in such a manner as to be valid, effective and enforceable under the applicable law. If any portion of this Agreement is held to be invalid, illegal or against public policy by a court of competent jurisdiction or other regulatory or administrative authority, under the terms hereof, such provision shall be severed therefrom and such invalidity shall not affect any other portion of this Agreement, the balance of which shall remain in, and have its intended, full force and effect.
  31. Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement on his or her own behalf, respectively, and on behalf of any entities on behalf of which he or she is signing. Each party represents and warrants to the others that the execution of this Agreement and delivery of the Agreement and the performance of such party’s obligations hereunder have been authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.
  32. Jury Trial. AS A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT, THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OR TO HAVE A JURY PARTICIPATE IN RESOLVING A DISPUTE, WHETHER SOUNDING IN TORT, CONTRACT, EQUITY, OR OTHERWISE ARISING OUT OF, CONNECTED WITH, RELATED TO OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH THIS AGREEMENT.
  33. WARNING: UNDER MONTANA LAW, AN EQUINE ACTIVITY SPONSOR OR PROFESSIONAL SHALL NOT BE LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES. Montana Code Annotated 27-1-727 I HAVE READ AND AGREE TO THE FOREGOING.