horse boarding agreement and liability release … · 2020. 2. 5. · deworming $10.00 plus cost of...

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HORSE BOARDING AGREEMENT AND LIABILITY RELEASE ASSOCIATED WITH BOARDING STABLE NAME: Serenity Hills Ranch, LLC MANAGER NAME: Karen Kiley-Miller PLEASE READ CAREFULLY BEFORE SIGNING THIS MANAGER DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR HORSES IT IS HEREBY AGREED TO AS FOLLOWS: WARNING Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. AGREEMENT PURPOSE and CONSIDERATION - At the commencement of this agreement, the OWNER intends for Serenity Hills Ranch to undertake the boarding of the animal(s) listed below under Clause 3 and to provide other incidental services according to terms and conditions set forth herein. DEFINITIONS – The term “STABLE” shall herein refer to the manager of Serenity Hills Ranch or any of Serenity Hills Ranch owners, agents, employees, officers, directors, representatives, assigns, members, premises owners, and others acting on Serenity Hills Ranch behalf . The term "OWNER" shall herein refer to the owner, part owner, or lessee of the animals which are contracted to be boarded under this agreement. The terms "HORSE(S)" and "ANIMAL(S)" shall herein refer to all equine species, and also to the specific animal or animals to which this agreement refers. 1. OWNER Owner agrees to pay to STABLE the sum of the services outlined in chosen under Clause 2 for each animal. Charges for boarding and other incidental services are due prior to boarding. For monthly boarding, payments are due on the 1st of the month. If commencement of boarding of the animal(s) occurs before the 1st of the month then fees will be prorated up to the end of the current month. For daily and weekly boarding, payments are due at the beginning of the boarding interval. Initials ________ 1 of 9

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Page 1: HORSE BOARDING AGREEMENT AND LIABILITY RELEASE … · 2020. 2. 5. · Deworming $10.00 plus cost of dewormer Prepare and administer meds price TBD Bandaging and wound care price TBD

HORSE BOARDING AGREEMENT AND LIABILITY RELEASE ASSOCIATED WITH BOARDING

STABLE NAME: Serenity Hills Ranch, LLC MANAGER NAME: Karen Kiley-Miller PLEASE READ CAREFULLY BEFORE SIGNING THIS MANAGER DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR HORSES IT IS HEREBY AGREED TO AS FOLLOWS: WARNING Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. AGREEMENT PURPOSE and CONSIDERATION - At the commencement of this agreement, the OWNER intends for Serenity Hills Ranch to undertake the boarding of the animal(s) listed below under Clause 3 and to provide other incidental services according to terms and conditions set forth herein. DEFINITIONS – The term “STABLE” shall herein refer to the manager of Serenity Hills Ranch or any of Serenity Hills Ranch owners, agents, employees, officers, directors, representatives, assigns, members, premises owners, and others acting on Serenity Hills Ranch behalf . The term "OWNER" shall herein refer to the owner, part owner, or lessee of the animals which are contracted to be boarded under this agreement. The terms "HORSE(S)" and "ANIMAL(S)" shall herein refer to all equine species, and also to the specific animal or animals to which this agreement refers. 1. OWNER Owner agrees to pay to STABLE the sum of the services outlined in chosen under Clause 2 for each animal. Charges for boarding and other incidental services are due prior to boarding. For monthly boarding, payments are due on the 1st of the month. If commencement of boarding of the animal(s) occurs before the 1st of the month then fees will be prorated up to the end of the current month. For daily and weekly boarding, payments are due at the beginning of the boarding interval.

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2. FEES, TERM AND LOCATION In consideration of $ _______ per horse per month paid by OWNER in advance on the 1st day of each month, STABLE agrees to board the herein described horse (s) at _270 S. Page Rd, Colorado Springs, Co, 80930_ on a month to month basis commencing on (date)___________________. Partial months boarding shall be paid on a pro-rata basis based on the numbers of days boarded in a standard 30 day month. Late Fees: Boarding fees paid after the 3rd day of the current month due will be subject to a late fee of $15.00 plus a daily late fee at the rate of $5.00 per day. Checks that are returned for nonsufficient funds will have a $50.00 fee added to the total due. If a personal check is returned for nonsufficient funds personal checks will no longer be accepted. Any HORSE(S) that enters into training at another facility or is removed from the STABLE for an extended period of time will still be responsible for board payment. The STABLE rents by the spot whether the HORSE(S) is at the STABLE or not. ___ Full Care Stall w/Paddock & Turn Out 10x12 stall bedded & cleaned daily (4 loads per month)

Hay (20 pounds daily) Grain fed in AM & PM (you provide grain) Storage for 1 grain bin

Fresh water at all times Free choice of salt and minerals Turn out in pasture 3-4 times a week weather dependent (with stable mate) Use of tack-room (if space is available)

Use of outdoor arenas, and round pen Wash Place

Trailer parking ___ Full Care Private Pasture w/Shelter

12x12 loafing shed Hay (20 pounds daily) Grain fed in AM (you provide grain) Storage for 1 grain bin Fresh water at all times Free choice of salt and minerals Area for roaming Use of tack-room (if space is available) Use of outdoor arenas, and round pen

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Wash Place Sheds are cleaned and dragged on a regular basis Trailer Parking

___ Full Care Pasture w/Shelter 12x24 Shared loafing shed Hay (20 pounds daily) Grain fed in AM (you provide grain) Storage for 1 grain bin Fresh water at all times Free choice of salt and minerals 25 acres of roaming Use of tack-room (if space is available) Use of outdoor arenas, and round pen Wash Place Sheds are cleaned and dragged on a regular basis Trailer parking NO REAR SHOES ALLOWED

Additional Charges Farrier/Vet Days $15.00 holding fee per HORSE This is charged if OWNER is unavailable and includes bringing HORSE(S) in from pasture, holding, and returning.

Blanketing/Flysheets is $30.00 per month per HORSE. Blankets must be sized properly for the HORSE(S). Supplements will be given to HORSE(S) at OWNERS expense. One supplement will be administered free any other supplements will be charged at the rate of $15.00 per month for each additional supplement. Night checks 9 p.m. to 7 a.m. $30.00 per night Hand walking $15.00 per 20 minutes Extra hay price based on current market Extra bedding $5.00 per wheelbarrow load Deworming $10.00 plus cost of dewormer Prepare and administer meds price TBD Bandaging and wound care price TBD Medical stall: daily stall rate

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3. DISCLOSURE OF INFORMATION ABOUT HORSES TO BE BOARDED 1. Barn Name of Horse ___________________________________ Age ___________ Registered Name ______________________________________________________ Breed _____________________________ Color _________ Sex ______________ Brand Inspection #______________________________ Current Insurer_________________________ Policy # _______________________ Insurer Emergency Phone # ____________________________________________ Disclose Horse's Vices, Unique Habits ____________________________________ __________________________________________________________________ Other Pertinent Information _____________________________________________ 4. STABLE RULES OWNER hereby acknowledges receipt and understanding of the current STABLE rules, which are incorporated by reference in full, as if fully set forth herein. OWNER agrees she/he and her/his guests and invitees will be bound and abide by these rules, and accepts responsibility for the conduct of his guests and invitees according to these rules. STABLE may revise these rules from time to time and OWNER agrees any revision shall have the same force and effect as current rules. Failure, as determined in STABLE’s sole discretion, of OWNER or OWNER’S guests and invitees to abide by STABLE Rules may result in STABLE declaring OWNER in default hereunder and result in termination of this AGREEMENT. Please familiarize yourself with our STABLE Rules which are posted on the website and available in the office. We are a small, private facility and we do not permit outside trainers, instructors, volunteers, un-insured and inexperienced persons to teach or train on our facility without permission from the management, proof of liability insurance and payment of facility use fees. 5. HOLD HARMLESS OWNER agrees to indemnify and to hold STABLE, stable owners, and its employees harmless from any claim resulting from damage or injury caused by said horse, OWNER or his guests and invitees, to anyone, including but not limited to legal fees and/or expenses, judgments and/or settlements incurred by STABLE in defense of such claims. 6. RISK OF LOSS During the time that the HORSE(S) is/are in the custody of STABLE, STABLE shall not be liable for any sickness, disease, theft, death or injury which may be suffered by the HORSE(S). This includes, but is not limited to, any personal injury or disability the HORSE(S) may receive while on STABLE’s premises. OWNER fully understands and hereby acknowledges that STABLE does not carry any insurance on any HORSE(S) not owned by STABLE, including, but

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not limited to, such insurance for boarding or any other purposes, for which the HORSE(S) is/are covered under any public liability, accidental injury, theft or equine mortality insurance, and that all risks relating to boarding of HORSE(S), or for any other reason, for which the HORSE(S) is/are in the possession of STABLE, are to be borne by OWNER. 7. DIRECT LOSS TO PERSONAL PROPERTY WARNING OWNER is hereby warned that direct loss or damage, theft, injury or disappearance of OWNER’s horses, tack, grain, equipment or other property is not covered by STABLE’s insurance and STABLE shall not be liable for the OWNER’s horses, tack, grain, equipment or other property. 8. INHERENT RISKS AND ASSUMPTION OF RISK The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, stopping short, changing direction or speed at will, shifting its weight from side to side, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them or to the HORSE(S) itself or to other animals around them; the unpredictability of equine's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant's ability. 9. RIGHT OF LIEN OWNER is put on notice that STABLE has a right of lien as set forth in the laws of this state, for the amount due for the board and keep of such HORSE(S), and also for storage and services, and shall have the right, without process of law, to retain said HORSE(S) until the amount of said indebtedness is discharged. However, STABLE will not be obligated to retain and/or maintain the HORSE(S) in question in the event the amount of the bill exceeds the anticipated unregistered value of the HORSE(S). In the event STABLE exercises STABLE’s lien rights as above-described for non-payment, this Agreement shall constitute a Bill of Sale and authorization to process transfer applications from any breed registration as may be applicable to said HORSE(S) upon affidavit by STABLE representatives setting forth the material facts of the default and foreclosure as well as STABLE compliance with foreclosure procedures as required by law. In the event collection of this account is turned over to an attorney, OWNER agrees to pay all attorneys’ fees, costs, and other related expenses. These expenses include but are not limited to expenses incurred prior to filing legal action, telephone calls with legal counsel and

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post judgment continuing costs of collection, interest at the contractual rate and boarding expenses. 10. CHANGES OR TERMINATION OF THIS AGREEMENT It is agreed by the parties that this Agreement may be terminated by OWNER upon thirty (30) days’ notice, regardless of the rental period. STABLE reserves the right to immediately terminate this contract for the safety of OWNER(S) / HORSE(S). All notices must be issued in writing unless otherwise agreed upon by the parties. The posting of updated rate schedules in a conspicuous or open place in STABLE office shall constitute notice of any and all rate changes or regulation changes as may be deemed appropriate by STABLE. 11. SALE OR DEATH OF HORSE It is hereby agreed that in the event of the sale of the horse (all boarding fees for the remainder of the month will be forfeit to the STABLE), or the death of the horse, STABLE has the option of accepting another horse, in accordance with this condition set forth herein within seven (7) days; or, in the alternative, terminating this agreement upon payment of all expenses and fees. 12. TYING OF HORSES At no time will the OWNER or handler tie a horse to any of the stall bars, arena gates or fencing. Horses should only be tied in designated tie areas 13. CLEANLINESS It is the responsibility of the OWNER to ensure that all areas used for clipping or shoeing is cleaned to their respective state upon completion. Brooms, rakes, and magnet bar are available, and please return them when finished. Muck buckets are for manure only please put trash in designated trash cans. Please remind your farrier to clean up and use a magnet to pick up metal nails and fines. It is at the management’s discretion that if at any point the Farrier does not follow these rules the Farrier will no longer be allowed on facility grounds. 14. VEHICLE USAGE AND PARKING Motor driven vehicles, with the exception of Stable’s, Vet’s, and Farrier’s vehicles, are to be confined to the roads and parking locations within the facility grounds, except when loading and unloading heavy supplies, such as grains and shavings. PLEASE DRIVE SLOW!!!! Please do not drive into the barns, arenas, paddocks or pastures.

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Please do not block the barn aisle, hitching posts, trailers, vehicles or other neighboring stalls with your vehicle at any time. Horse trailer parking spaces may be used as overflow parking for vehicles. Horse trailers stored upon the premises will be subject to a $5.00 per day storage cost cost for all delinquent accounts. Trailers must be removed for the STABLE within 15 days of contract termination. 15. HAY Boarders are not allowed access to the hay storage area for any reason! 16. SAFETY It is the responsibility of the OWNER to ensure that proper arena etiquette is maintained. This includes left-shoulder to left-shoulder when passing in opposite directions, and continual movement of horses in arenas so as not to conflict with other riders in the same arena. Safety helmets will be worn during all jumping activities. Any horse and/ or rider that is deemed hazardous or a danger to other riders and or its’ participants may be asked to leave by STABLE. 17. LANDSCAPING HORSE(S) are allowed to graze on seasonal grass growing but please do not allow HORSE(S) to graze on planted agriculture and landscaping. Please be careful of some weeds as they may be hazardous to your HORSE(S) health 18. PAINTING/ REMODELING OF STALLS & TACK ROOMS OWNER’S are not permitted to paint or add any additions to any stalls or tack sheds without prior written approval by STABLE. 19. OWNERSHIP/COGGINS TEST/SHOTS OWNER warrants that they own said HORSE(S), that there are no liens against said HORSE(S), express or implied by law, and will provide prior to time of delivery of said HORSE(S), to STABLE, proof satisfactory of a negative Coggins test current within the twelve month period immediately preceding delivery of the HORSE(S) to STABLE also current shot and worming records if HORSES(S) are not vaccinated or dewormed according to the STABLE protocols the STABLE will administer them and OWNER will be invoiced the following month. Shots will be administered by a licensed VETERINARIAN. OWNER needs to provide copies of registration papers and valid brand inspection. 20. DAMAGES Damages caused by HORSE(S) / OWNERS will be billed on the following months invoice and will include a labor and material estimate by the STABLE.

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21. DEPOSIT A deposit of $___________ is required at the commencement of this Agreement to hold a spot. This deposit will be credited to the OWNER’S account upon arrival. This deposit will be for a 30 day period after which regular board will be paid whether the HORSE is here or not. Deposit will be refunded for the first 48 hours in the event that the OWNER does not want to board the HORSE(S) at the STABLE. After 48 hours the deposit is forfeited to the STABLE. 22. EMERGENCY CARE STABLE agrees to attempt to contact OWNER, at the following emergency telephone number ( )________________________, Should STABLE feel that medical treatment is needed for said HORSE(S), provided however, that in the event the STABLE is unable to contact OWNER within a reasonable time, which time shall be judged and determined solely by STABLE, STABLE is then hereby authorized to secure emergency veterinary care and/or blacksmith care, and by a licensed provider of such care who are selected by OWNER and have a payment method on file; as STABLE determines is required for the health and well-being of said HORSE(S). Care will not be administered by a VETERINARIAN if no payment method has been discussed with said clinic. 23. LIMITATIONS OF ACTIONS Any action or claim brought by OWNER against STABLE for breach of this contract or for loss due to negligence must be brought within 0ne (1) year of the date such claim or loss occurs. Emergencies. In an emergency situation, the OWNER authorizes the STABLE as the OWNER’S attorney in fact to arrange for reasonable care and to bill the costs of that care to the OWNER. The maximum cost the STABLE is authorized to spend on the Horse in an emergency is $____________. By initialing here, the OWNER acknowledges that he or she has read this paragraph and authorizes the STABLE to act to provide the care described: _____________. ALL OWNERS AND PARENTS OR LEGAL GUARDIANS, OR AUTHORIZED AGENT FOR SUCH PARTIES, MUST SIGN AFTER READING THIS ENTIRE DOCUMENT.

SIGNER STATEMENT OF AWARENESS

I/WE, THE UNDERSIGNED, HAVE READ AND DO UNDERSTAND THE FOREGOING AGREEMENT, WARNINGS, ASSUMPTION OF RISK AND RELEASE AGREEMENT. I/WE FURTHER ATTEST THAT ALL STATED FACTS ARE TRUE AND ACCURATE.

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SIGNATURE OF OWNER #1 __________________________ DATE: ____________ SIGNATURE OF OWNER #2 __________________________ DATE: ____________ SIGNATURE OF MANAGER: __________________________ DATE: _____________ OWNER’s NAME(S) ____________________________ OWNER’s DAYTIME PHONE___________________________________ OWNER’s ADDRESS _____________________________________________ OWNER’s EVENING PHONE___________________________________ OWNER’s CELL PHONE _________________________________ OWNER’s EMAIL_____________________________________ Please list name, address and phone number of Veterinarian, Farrier, and other important people I can contact for information regarding your horse. For emergencies like colic surgery or other life threatening situations please state your wishes. Please state whether or not your HORSE(S) is a surgery candidate. _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Would you like a copy of this contract? _____ Yes ______ No NO SMOKING ON THE STABLE GROUNDS

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