BILL OF LADING AND LIMITATION OF LIABILITY

Bill of Lading and Limitation of Liability

This Bill of Lading and Limitation of Liability (the "Agreement") is entered into by and between

"Horse Owner" *

and Allmarc, LLC, Allison Deardorff, Marc Hevern and representative (collectively "Allmarc"). Horse Owner and Allmarc are referred to collectively as "Parties."

(1) Horse owner information:

Full Name *

First Name Last Name

Address *

Street Address
Street Address Line 2
City	State / Province
Postal / Zip Code	Country

Phone Number *

Area Code Phone Number

Mobile Number *

Area Code Phone Number

E-mail *

Horse Owner includes not only the individual or entity listed above, but also his or her heirs, successors, assigns, family members, devisees, customers, clients, agents, and any other person or entity that may claim loss, harm, or damage arising from any breach of this Agreement or any loss, harm, or damage to Horse arising from or related to this Agreement. Horse Owner and the undersigned (if different) represents that he or she has authority to enter into this Agreement and bind all other third parties identified above to the terms of this Agreement.

(2) Horse to be transported:

Name: ("Horse") *

Age/Sex/Markings *

Additional ("Horses")

Name/Sex/Age/Markings

If Horse Owner is shipping more than one horse, list each horse in the attached Exhibit A. The terms of this Agreement apply to each horse as if there is a separate agreement, including limitation of liability set forth in paragraph 7, for each horse.

(3) Pickup location/information:

Address *

Street Address
Street Address Line 2
City	State / Province
Postal / Zip Code	Country

Phone Number *

Area Code Phone Number

Mobile Number *

Area Code Phone Number

Date of Range

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Date Range

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(4) Delivery location/information:

Full Name *

First Name Last Name

E-mail

Address *

Street Address
Street Address Line 2
City	State / Province
Postal / Zip Code	Country

Phone Number *

Area Code Phone Number

Mobile Number *

Area Code Phone Number

Date Range

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Date Range

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(5) Horse Owner obligations prior to pickup.

Horse Owner shall arrange and pay for the following at least three (3) days prior to the pickup date set forth in Paragraph 3 above: health certificate, negative coggins (EIA) test, brand inspection (if required), halter and lead rope. In the box below please list any other items being sent with the horse(i.e. blanket, tack, ect.).

Additional Items

(6) Pickup and delivery time.

Horse Owner agrees that pickup and delivery of Horse may occur at any time during the day or night, and Horse Owner or its agent will be available to meet Allmarc. Allmarc will call the Horse Owner or its designated agent approximately one (1) hour prior to pickup and delivery to give an estimated time. Horse Owner or designated agent shall notify pick-up and delivery contact of this policy.

(7) Limitation of liability.

Allmarc's liability for any loss, harm, or damage of any kind whatsoever (including Horse's death) is expressly limited to $500 unless Horse Owner identifies a higher declared value below (or Exhibit A) and pays the additional excess valuation charge. The excess valuation charge is based on the terms set forth in Allmarc's Rate Sheet, which is available to Horse Owner upon request. If Horse Owner indicates a higher declared value and pays the excess valuation charge, then Allmarc's liability for any loss, harm, or damage of any kind whatsoever (including death of Horse) is expressly limited to the lesser of the actual damages caused by Allmarc, Horse's market value, or the declared value (but only to the extent such damages are not covered by mortality insurance).

Declared value: *

(8) Exclusive choice of law.

The Parties agree that federal law, and in particular the Carmack Amendment as interpreted by the Ninth Circuit and the United States District Court (District of Oregon), shall govern in any action, dispute, or claim relating to this Agreement regardless of whether transportation is interstate or intrastate.

(9) Exclusive jurisdiction and venue.

The Parties agree that the exclusive jurisdiction for any action, dispute, or claim relating to this Agreement shall be in the United States District Court, District of Oregon, Portland Division if transportation is interstate and the amount in controversy is greater than $10,000. The exclusive jurisdiction for any action, dispute, or claim relating to this Agreement shall be in the Clackamas County Circuit Court located in Oregon City, Oregon, if (1) the transportation is intrastate or (2) if the transportation is interstate and the amount in controversy is equal to or less than $10,000.

(10) Sole remedy.

The Parties agree that all common law and other state law claims are preempted and barred by federal law. Horse Owner's sole remedy for any loss, harm, or damage to Horse whatsoever is under 49 USC § 14706, and Allmarc' s liability under that provision is expressly limited in Paragraph 7. For any claims not related to the loss, harm, or damage to Horse, Horse Owner agrees that its sole remedy is for a refund of any amounts paid to Allmarc pursuant to this Agreement.

(11) Payment terms.

A. A deposit in the amount of *

(U.S. dollars) shall be paid to Allmarc prior to shipment of Horse. The deposit shall be paid to Allmarc five (5) business days prior to the estimated pickup date set forth in Paragraph 3 above. The deposit may be in the form of personal check, cashier's check, or may be made online with credit card or bank check via PayPal. This deposit is nonrefundable. If Horse Owner is using uShip, Horse Owner shall pay any deposit required by uShip.

B. The balance in the amount of *

(U.S. Dollars) is due in full at the time of delivery of the Horse. The balance shall be paid in cash/credit card only or payment to uShip (if applicable). No checks will be accepted unless approved in advance by Allmarc. The balance shall be paid by Horse Owner prior to Horse being unloaded.

C. The excess valuation charge is

The excess valuation charge shall be paid in full with the deposit.

(12) Extra charges.

A. Waiting time during pickup or delivery shall be charged at a rate of $50 per hour after the expiration of 30 minutes.

B. If the pickup or delivery location identified in paragraphs 3 and 4 above is changed, Horse Owner shall be charged $1.50 for each additional mile.

C. A surcharge in an amount determined by Allmarc shall be imposed for difficult access roads encountered during transport that are not disclosed prior to the original quote. Allmarc shall charge no less than $50.00 for each 1/4 mile of unpaved road traveled upon to complete delivery.

D. A $20 per hour fee will be charged after the first 30 minutes of attempted loading or unloading.

E. Horse Owner shall be charged for any damage to the trailer or equipment caused by Horse. Allmarc shall determine the amount of the charge.

(13) Emergency Services.

In the event that Allmarc determines that Horse requires the services of a veterinarian during transport, Allmarc shall attempt to notify Horse Owner. Horse Owner authorizes Allmarc to contact and hire a licensed veterinarian of Allmarc's choice. All fees charged by the veterinarian shall be paid by Horse Owner. Horse Owner agrees to indemnify and hold harmless Allmarc against any claims made by the veterinarian against Allmarc. All veterinarian fees shall be paid before delivery of Horse.

(14) Mortality Insurance:

A. Horse Owner shall maintain, and provide proof of mortality insurance coverage for Horse. Horse Owner acknowledges that the limited liability set forth in Paragraph 7 above is excess protection to any mortality insurance coverage obtained by Horse Owner, whether such insurance coverage is collectible or not. Horse Owner further agrees that it expressly waives any subrogation rights that its insurer might have against Allmarc arising from loss, harm, or damage to Horse that is any way related to this Agreement, including Horse's death

Horse Owner's initials

B. Horse Owner will not maintain mortality insurance coverage for Horse.

Horse Owner's initials *

(15) Attorney fees.

A. If any party commences an action or proceeding against any other party to enforce or interpret any provision of the Agreement, the prevailing party in the action or proceeding will be entitled to recover from the other party the prevailing party's reasonable attorney fees, costs, and expenses incurred in connection with the prosecution or defense of such action or proceeding prior to trial, at trial, and on any appeal, subject to subparagraphs (b) and (c) below.

B. Attorney fees, costs, and expenses shall not be awarded to a plaintiff pursuant to this Agreement unless written demand was made on the defendant not less than 180 days before the commencement of the action or the filing of a complaint in court. The failure of a plaintiff to give notice under the provisions of this subparagraph does not affect the ability of a defendant to recover attorney fees, expenses, and costs under the provisions of this Agreement. The plaintiff's failure to give notice pursuant to this subparagraph shall be an implied waiver of the right to seek recovery of attorney fees, costs, and expenses.

C. Attorney fees, costs, and expenses shall not be awarded to a plaintiff under the provisions of this Agreement if the court finds that the defendant (or any other person or entity) tendered to the plaintiff, prior to the commencement of the action or the filing of a complaint an amount not less than the amount awarded to the plaintiff. The plaintiff's decision to proceed with an action instead of accepting the tender shall be an implied waiver of the right to recover attorney fees, costs, and expenses.

(16) Statute of Limitation.

Any action or proceeding that is commenced that arises from or relates to this Agreement must be commenced within two (2) years from the date of notice from Allmarc that Horse Owner's claim is disallowed in whole or in part. Horse Owner must deliver a written notice of claim to Allmarc within nine (9) months of the date of the alleged loss, harm, or damage. Failing to comply with this provision shall result in a complete bar to recovery.

(17) Severability.

The provisions of this Agreement are severable, meaning that if the court holds any provision invalid or unenforceable in part or in whole, the provision shall be construed to be valid and enforceable to the fullest extent permitted by law

(18) Construction.

Words used in the Agreement of any gender or neuter shall be construed to include any other gender or neuter where appropriate. Words used in this Agreement that are either singular or plural shall be construed to include the other where appropriate. The use of "and" or "or" in this Agreement shall be construed as the other when doing so limits Allmarc's liability arising from or related to this Agreement.

(19) Integration.

The Parties agree that this Agreement and Allmarc's Rate Schedule (if applicable) represent the entirety of their agreement and that no part of their agreement is oral and that there are no side agreements, whether oral or written which concern the subject matter of the Agreement.

(20) No Author.

All terms and provisions of the Agreement, and the drafting of the Agreement, have been negotiated by the Parties at arm’s length, and to mutual agreement. No party shall be deemed the scrivener of this Agreement.

Electronic Signature *

*

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Electronic Signature Allmarc, LLC

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