1.
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I
acknowledge that Ben Avery Mounted Shooting Development and its
agents have only the responsibility to make known to each other
willing Owners of horses and willing Bidders at this auction to the
exclusion of all other duties and obligations.
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The format will be that of an
auction but oral actions and statements at the auction are not an
offer to buy or sell, but are only to make Owner and Buyer known to
one another at what may be a possibly agreeable price.
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Owner may reject any bid
including the highest bid determined at the auction.
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A high bid determined at
auction it is not binding on either party. The Owner and high
Bidder must then complete any transaction to their mutual
agreement. An agreement may not be concluded even if a high bidder
is determined at auction.
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Ben Avery Mounted Shooting
Development and its agents, and any other associated persons are not
responsible for completing any transaction or sale. Its sole
responsibility is making Owner and Bidders known to one another.
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Performance of any agreement,
verbal or written, between Owner and Bidder or Buyer is strictly
between those parties.
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Ben Avery Mounted Shooting
Development and its agents and any other associated persons have not
and will not evaluate any horse for suitability for any purpose.
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Ben Avery Mounted Shooting
Development and its agents and any other associated persons does not
act as an agent for or represent either the Owner, Bidder, Buyer or
seller but merely provides an environment for making known a willing
seller and willing buyer.
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Ben Avery Mounted Shooting
Development and its agents, and any other associated persons are not
in control nor has ownership of any horse at any time.
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Ben Avery Mounted Shooting
Development and its agents and any other associated persons are not
responsible for loss or damage to horses, equipment, or persons from
injury, accident, fire, theft, etc., in any manner, before, during,
or after sale.
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Under Arizona law, an equine
activity sponsor or professional is not liable for injury to or
death of a participant in equine activities resulting from inherent
risk of equine activities pursuant to Title 12, Chapter 5, Article
3, subsection 12-553; Citation ARS 12-553. This is your notice to
consult Arizona law and your agreement that you have been notified.
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In consideration of the right
to participate in this event and the services provided by the
auction and its agents I have and do hereby assume all risks
associated with this event and release all others of any liability
whatsoever incurred at the event. The Buyer shall at his own
expense, defend Ben Avery Mounted Shooting Development and its
agents, and any other associated person from any and all claims and
indemnify, from any and all liability, damage and costs arising from
injuries to person or property and actions taken by Bidder or Buyer
as a result of this event. Bidder or Buyer shall at his own expense
defend Ben Avery Mounted Shooting Development and its agents, and
any other associated persons in any litigation or dispute brought by
horse Owner, Bidders or Buyers as a result of this event.
Date
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