Agistment Agreement Template In NSW: What To Include And How To Use It

If you agist horses or livestock in New South Wales - or you’re planning to - a clear, written agistment agreement is essential. It protects your property, sets expectations with owners, and helps you get paid on time without disputes.

In this guide, we’ll break down what an agistment agreement is, what should be in a NSW-ready template, and practical steps to put one in place. We’ll also cover key legal risks (like liability, unpaid fees and biosecurity) so you can operate with confidence.

What Is An Agistment Agreement In NSW?

An agistment agreement is a contract between a property owner or manager (the “agistor”) and the animal owner. The agistor provides land, care or facilities for animals (often horses or cattle) in return for a fee.

While arrangements are sometimes informal, relying on a handshake can quickly lead to disagreements over fees, care standards, liability for injuries or damage, and what happens if an owner doesn’t collect their animal. A written agreement sets out the terms up-front so everyone knows where they stand.

In NSW, many agistment operations are small businesses. Whether you have a handful of paddocks or a larger facility with stables and training services, a tailored agreement is the backbone of a professional setup.

Do You Need A Written Agistment Agreement Template?

Yes - a written agreement is strongly recommended. It’s your opportunity to set clear rules about payment, care, safety and responsibility. It also creates a paper trail if a dispute arises.

A template gives you a solid starting point you can adapt for different clients or service levels (e.g. spelling paddock-only vs full care, feeding and rugging). If you want a legally robust starting point, consider a professionally drafted Agistment Agreement that’s tailored for NSW and your business model.

Remember, a template isn’t a one-size-fits-all solution. It should be adapted to your property, facilities and risks. If you add or change services (like riding lessons or training), update your agreement accordingly.

What Should An Agistment Agreement In NSW Include?

A good NSW agistment agreement template should cover at least the following core points. You can build on these with extra schedules or policies where needed.

1) Parties, Property And Animals

• Full legal names and contact details of the agistor and animal owner.
• Property description (address, paddock numbers, stable allocations) and permitted areas.
• Animal details: species, breed, name/ID, age, markings, microchip/brands, and any known conditions.

2) Services And Standards Of Care

• What’s included (e.g. paddock space, stabling, feeding, rugging, hard feed, hay, water, checking frequency, administration of owner-supplied supplements).
• What’s excluded or charged extra (e.g. farrier, vet, worming, dentist, rug repairs, training, float transport).
• Care standards and biosecurity protocols (quarantine, vaccinations, worming schedules, Hendra virus measures for horses, weed/seed control for cattle).

3) Fees, Payment And Invoices

• Agistment fee (weekly/fortnightly/monthly) and how it’s calculated (per animal, per paddock, service tier).
• Billing cycle, payment methods and due dates - and any late fees or interest.
• Deposit or bond (if any), plus how changes to fees will be notified.

If you take recurring payments, make sure your process aligns with Australian direct debit laws and that your invoices are clear about amounts and timing.

4) Owner Responsibilities

• Vaccination, worming, microchipping/branding, and parasite control obligations.
• Supplying feed or gear (if required), and keeping tack rooms tidy.
• Complying with property rules (visitor rules, dogs on-site, biosecurity signage, speed limits, smoking policy).

5) Veterinary And Emergency Care

• Authority for you to call a vet in an emergency, and how decisions will be made if the owner can’t be reached.
• Who pays for vet care, transport and medications, and how those costs are recovered.
• Consent for basic first aid (e.g. cold hosing, bandaging) and safe isolation where necessary.

6) Risk Allocation And Liability

• Clear risk allocation: animals can be unpredictable and rural properties can be hazardous.
• Well-drafted release, indemnity and assumption of risk clauses appropriate to your services and site.
• Caps or exclusions of liability (to the extent permitted by law) - your limitation of liability approach should align with Australian Consumer Law.

Many agistors also use a separate participant or visitor Waiver for anyone riding or handling animals on-site (including owners and their guests). This complements your main agreement.

7) Security For Unpaid Fees

• Clear right to suspend services for non-payment and to require removal of animals.
• Right to lien/retain possession of gear left on-site until amounts are paid (subject to law).
• Optional security interest over the animal or equipment if legally appropriate - this may involve registering on the Personal Property Securities Register (PPSR). Learn the basics in our guide on what the PPSR is.

8) Access, Conduct And Safety

• Owner access hours, supervision requirements for minors, supervision of farriers/vets, and vehicle access rules.
• Helmet and safety gear requirements for riders and handlers.
• Rules around dogs, biosecurity showers/footbaths, and visitor sign-in.

9) Term, Termination And Animal Removal

• Fixed-term or ongoing arrangement, notice periods, and termination for breach or safety concerns.
• Process for removing animals and gear at the end of the term (including failure to collect and storage fees).
• What happens if the property is sold or becomes unavailable (e.g. flood, bushfire, major works).

10) Disputes And House Rules

• Reference to published house rules or property policies (attach as a schedule and update with notice).
• Informal dispute resolution first, then escalation steps if needed.
• Governing law (NSW) and service of notices details.

Step-By-Step: How To Put An Agistment Agreement In Place

Step 1: Map Your Services And Risks

List your services (paddock-only, full care, extras), facilities, and the key risks on your site. Walk the property with safety in mind - fencing, water points, traffic flow, access gates, visitor parking and flood/fire plans.

Step 2: Build Or Update Your Template

Start with a solid base template and tailor the schedules for different service tiers and fees. If you want confidence that your document captures NSW legal requirements and your risk profile, get a lawyer to prepare or review your Agistment Agreement.

Step 3: Set A Clear Onboarding Process

• Collect owner details, emergency contacts, vet/farrier details, and health history of the animal.
• Have owners read and accept your house rules and sign the agreement (and a rider/visitor Waiver if applicable) before the animal arrives.
• Take photos of the animal and gear on arrival for condition records.

Step 4: Invoicing And Payments

Decide on your billing cycle and payment method. If you use recurring payments, your processes should comply with Australian direct debit laws, and your agreement should clearly authorise charges for extras (hay, vet call-outs etc.).

Step 5: Keep Records And Communicate

Maintain records of invoices, payments, vet care, and communications. Communicate early if there’s an issue (e.g. non-payment, safety concerns, or biosecurity alerts). Good records make disputes easier to resolve.

Step 6: Review Regularly

Review your template and policies at least yearly - or when your services change. If you introduce training, competitions, clinics or agri-events, you may need additional clauses or separate policies.

Key Laws And Risks To Watch In NSW

This section highlights common legal issues that agistors in NSW should keep top-of-mind. It’s not an exhaustive list, but it will help you spot areas where a little proactive planning goes a long way.

Australian Consumer Law (ACL)

If you provide agistment as a business, you’ll be dealing with customers under the Australian Consumer Law. That means your agreement and conduct can’t mislead, and you can’t exclude certain consumer guarantees for services. This is where carefully drafted risk clauses and fair service descriptions matter, alongside a sensible approach to refunds or credits if services can’t be delivered due to your fault.

Liability And Risk Management

Agistment carries inherent risks (animal behaviour, riding, property hazards). Balance your duty of care with clear contractual risk allocation. Good drafting of releases, indemnities and a reasonable limitation of liability can help manage exposure, though these provisions must sit within the boundaries of the ACL and public policy.

Unpaid Fees And Security Interests

Build a plan for arrears. Your agreement should allow you to suspend services, require the owner to remove the animal, and charge storage or continued agistment fees if an animal isn’t collected. In some cases, your contract can create a security interest over the animal or equipment that can be registered on the PPSR - start by understanding what the PPSR is and when it’s used in small business settings.

Biosecurity And Animal Welfare

NSW agistors should have practical biosecurity rules: vaccination evidence (e.g. Hendra for horses if you require it), quarantine of new arrivals, worming schedules, manure management, and clean-down procedures for visitors and floats. Animal welfare obligations also apply - ensure your standards of care are clear and that you’re notified if an animal has special needs.

Privacy And Data (If You Collect Personal Information)

If you collect personal information from owners (or run a website with enquiries or a mailing list), you’ll likely need a Privacy Policy and to handle data in line with the Privacy Act. Keep it simple: collect only what you need, store it securely, and tell people how you use it.

Staff And Contractors

If you hire stable hands, instructors or admin support, issue each person a clear Employment Contract or contractor agreement, set rosters and safety rules, and comply with Fair Work obligations. Induct new team members into your property policies and biosecurity procedures.

Website And Online Bookings

Many agistors promote services online and take bookings for clinics or training. Consider adding Website Terms and a bookings/cancellation policy that aligns with your main agreement, and make sure your marketing claims are accurate and not misleading.

Agistment Agreement Template Tips (So It Works In Real Life)

Keep Fees And Extras Transparent

Disputes often stem from surprises. Spell out what’s included in your base fee and what counts as an extra. Use a simple schedule for extras (hay by the bale, hard feed per day, twice-daily rugging fee, vet/farrier attendance fees, training sessions, float transport).

Make House Rules Easy To Read

House rules are where you can be practical: helmets on at all times, gates shut, children supervised, no smoking, dogs on leash, no feeding other people’s animals, visitor sign-in, where to park floats, and handwashing on arrival for biosecurity. Attach the rules to the agreement and reference them clearly.

Set A Sensible Emergency Protocol

When something goes wrong, minutes matter. Include a vet authority, your preferred practice details, who pays, and how you’ll try to contact the owner. For high-risk scenarios, require owners to nominate an emergency budget limit for you to authorise treatment if they’re unreachable.

Use Waivers For On-Site Activities

Your agistment agreement covers the commercial relationship, but a short-form rider/visitor Waiver helps manage additional risk for anyone riding, handling or coaching on your property. Keep a signed copy on file for each participant and renew annually.

Check That Your Terms Are Enforceable

Clauses that go too far can be unenforceable, and every property is different. A short legal review can help you avoid pitfalls and align your terms with the ACL. If it’s been a while, mark a calendar reminder to refresh your agreement annually.

Frequently Asked Questions About Agistment Agreements In NSW

Is A Verbal Agistment Agreement Legally Binding?

Potentially, yes - but it’s risky. Without a written contract, it’s much harder to prove what was agreed, which can turn small issues into costly disputes. A clear written agreement is the safest approach.

Can I Charge Interest Or Late Fees On Overdue Agistment?

Typically, yes if your agreement allows it and the charges are reasonable and disclosed up-front. Be clear about how and when late fees apply, and ensure your invoicing terms are consistent with Australian direct debit laws if you use them.

Can I Keep An Animal If Fees Aren’t Paid?

Your contract should set out your rights if invoices go unpaid, including suspension of services, requiring the animal’s removal, and charging storage/ongoing fees. In some circumstances, a security interest registered on the PPSR may be appropriate, but this needs careful drafting and process. Get legal advice before relying on retention or sale rights.

Do I Need Insurance As Well As A Contract?

Contracts and insurance work together. Your agreement manages and allocates risk; insurance helps cover residual risks. Speak with a broker about policies relevant to your property and services (public liability, products liability, property, and any specific cover for equine or livestock operations).

Key Takeaways

• A NSW agistment agreement sets clear expectations about care, access, payments and risk - it’s essential for a professional operation.
• Your template should cover services, fees, owner obligations, emergency vet authority, safety and biosecurity, liability allocation, and what happens if fees go unpaid.
• Use practical add-ons like house rules and a short rider/visitor Waiver to manage on-site risks.
• Think ahead about arrears: build fair payment terms and consider PPSR registration where a security interest is appropriate, starting with an understanding of what the PPSR is.
• Compliance matters: align your terms with the ACL, keep data practices covered by a plain-English Privacy Policy, and issue proper employment documents if you have staff.
• Review your agreement regularly as your services evolve - a short legal check can prevent costly disputes later.

If you’d like a consultation on setting up a NSW-ready Agistment Agreement, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.