Boarding Agreement WITNESS THIS AGREEMENT this ___________ day of ___________, 20___, by and between __________________________ and Silver Creek Equestrian Club, Hereinafter referred to as “stable” and the individual of individuals undersigned, here in after referred to as “owner”. 1. FEES, TERM AND LOCATION 30-day written notice required when boarding services are no longer needed. If notice is not given, the exit fee is equal to the monthly boarding rate. All stalls rent from the first to the thirtieth of each month. If said horse is on the property on the first of the month, then all boarding fees for that month are due, whether boarding is utilized all or part of the month. Owner acknowledges and accepts those terms set forth in the rate schedule applicable and posted. Any payment received later than the 5 th of each month shall be subject to a late penalty fee of $25.00. The boarding fee is due upon the first day of the month. In the event said payment in overdue by thirty days for the first day of the month, stable shall be entitles to exert a lien against said horse, and the property upon the premises as more further described below, for any amount due, and shall be entitled to enforce said lien and foreclose its interest against said horse and/or equipment for the amount due in accordance with the laws of the state of Mississippi. In the event the subject animal is removed from the premises for any reason and returned, this Agreement shall be deemed reinstated as rates applicable at the time of said return. Stable reserves the right to notify Owner if the horse, in the Stable's opinion, is deemed to be dangerous of undesirable for Stable's establishment. In such case, Owner shall be solely responsible for removing the horse immediately upon receipt of said notice and for payment of al fees incurred during the horse's presence upon premises. This Contract shall be deemed terminated and concluded upon payment of all fees. 2. FEED, FACILITIES AND SERVICES Stable agrees to provide adequate fees and facilities for normal and reasonable care required to maintain the health and well being of the animal(s). Owner acknowledges Owner has inspected the facility and finds them in safe and proper order. The standard services to be provided herein and the charges therefore are as stated in the rate schedule and are subject to change at the Stable's discretion. If owner needs additional feed, hay, etc.. for the well being of horse, they may buy additionally for Silver Creek to feed. No feeding horses by any unauthorized persons. 3. RISK OF LOSS AND STANDARD OF CARE During the time that the horse(s) is/are in the care, custody and control of the Stable, Stable shall not be liable for any sickness, disease, astray, theft, death or injury which may be suffered by the Horse(s) of any other cause or action, whatsoever, arising out of being connected in any way with the boarding of said horse(s). This includes, but is not limited to, any personal injury or disability the horse Owner, or Owner's guest, may receive on the stable premises. The owner fully understands the stable does not carry any insurance on any horse not owned by it for boarding of for any other purposes, whether public liability, accidental injury, theft or equine mortality insurance and that all risks connects with boarding or for any other reason for which the horse(s) in the possession of, and on the premises of stable are the be borne by the Owner. Stable strongly recommends equine mortality insurance be obtained applicable to the subject horse(s) by owner. The standard of care applicable to stable is that of ordinary care of a prudent horse owner and not as a compensated bailer. 4. HOLD HARMLESS Owner agrees to hold Stable harmless for any and all claims arising for damage or injury caused by said horse(s) to anyone, and defend Stable from any such claims. Owner agrees to disclose to Stable any and all hazardous of dangerous propensities of horse(s) boarded with Stable. 5. EMERGENCY CARE Stable agrees to attempt to contact Owner should stable feel that medical treatment is needed for said horse(s), but, if Stable is unable to contact Owner, Stable is then authorized to secure emergency, veterinary, and blacksmith care required for the health and well being of said horse(s). All costs of such care required for the health and well being of said horse(s) shall be paid by Owner within fifteen days for the date owner receives notice thereof, or stable is authorized, as Owner's agent, to arrange direct billing to Owner. STABLE SHALL ASSUME THAT OWNER DESIRES SURGICAL CARE IF RECOMMENDED BY A VETERINARY IN THE EVENT OF COLIC, OR OTHER LIFE-THREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED HEREIN OR ON OWNER'S INFORMATION SHEETS, BY OWNER THAT THE HORSE (S) IS/ARE NOT SURGICAL CANDIDATES. Owner agrees to notify Stable of any and all changes of address, emergency telephone numbers, itineraries of the information reasonably necessary to contact owner in the event of an emergency. 6. CARE OF BRED AND/OR PREGNANT MARES Any mare who is delivered to Stable in foal, or who is bred while in the care and custody of stable, carries to term and delivers while stabled on the premises will be foaled out and appropriate fee will be charged to the horse Owner. WHETHER OR NOT THE SREVICE WAS REQUESTED BY HORSE OWNER. 7. LIMITATION OF ACTION Any action of claim brought against Stable for breach of this contract or for loss due to negligence must be brought within (1) year of the date such claim of loss occurs. 8. SHOEING, WORMING AND MEDICAL All owners, responsible parties, and/or veterinary caregivers are required to disclose details of any medical visit, care, illness, diagnosis, test result, or procedures to stable management staff immediately upon visit. Owner agrees to provide the necessary shoeing and worming of the horse(s) as is reasonably necessary, at Owner expense. The horse(s) must be current on all inoculations and worming AT THE TIME IT IS DELIVERED to stable as evidenced by a current Veterinary Certificate. Horses not accompanied by a current Veterinary Certificate will be vaccinated and wormed upon arrival at expense of horse Owner. Owner agrees to provide Stable with all health records with regard to the horse(s) Owner agrees to have the horse(s) wormed and vaccinated on stable's regular schedule, and in the event same is not accomplished and proof of same presented to Stable within thirty (30) days from the date of such services of veterinary treatment, stable is authorized to arrange for such treatment, but Is not obligated to do so; such expense for same shall be the obligation of owner, and upon presentation by stable of the bill for services rendered, including service charges, such bill shall be paid within fifteen (15) days from the date the bill is submitted to the Owner. 9. OWNERSHIP-COGGINS TEST Owner warrants that he owns the horse(s) and will provide proof satisfactory to stable of the negative Coggins test yearly. 10. CHANGES OF TERMINATION OF THIS AGREEMENT It is agreed by the Parties that this Agreement may be changed or terminates by stable upon seven (7) days notice. All notices must be issued in writing unless otherwise agreed upon by the parties. The receipt of updated rate schedules shall constitute notice of any and all rate changes of regulation changes as may be deemed appropriate by stable. . 11. RULES AND REGULATIONS The owner agrees to abide by all the rules and regulations for the Stable and acknowledges receipt of same. In the event someone other than the Owner shall call for the horse(s), such person shall have written authority signed by owner to obtain said horse(s). 12. RIGHT OF LIEN TThe owner is given notice that the stable has a right of lien as set forth in the laws of the state of Mississippi, for the amount due for the board and keep of such horse(s), and other property until the amount of said indebtedness is discharged. However, Stable will not be obligated to retain and/or maintain the horse(s) in questioned in the event the bill exceeds the unregistered value of the horse(s). In the event the stable exercises Stable's lien rights as above stated for nonpayment this agreement shall constitute as a Bill of Sale and authorization to process transfer applications for any breed registration as may be applicable to said horse(s) upon affidavit by stable's representation setting forth the material facts of the default and foreclosure as well as Stable's compliance with foreclosure procedures as required by law. In the event collection of this account is turned over to an attorney's fees, costs and other related expenses for which a minimum charge of $250.00 will be assessed. 13. PROPERTY IN STORAGE ON STABLE'S PREMISES Stable shall not be responsible for the theft, loss, damage or disappearance of any tack of equipment of other property stored at stable as same is stored at Owner's risk. Stable shall not be liable for the theft, loss, damage or disappearance of any tack or equipment take to horse shows or clinics. 14. ENTIRE AGREEMENT This contract represents the entire agreement between the Parties. No other agreements, promises or representations, verbal or implied, are included herein unless specifically stated in this agreement. This contract is made and entered into in the State of the Stable's domicile, and shall be enforced and interpreted in accordance with the Laws of said state. This contract is posted online, in the office, and available copies upon request. Agreement is enforce if you choose to utilize services of said stables. 15. ENFORCEABILITY OF CONTRACT AND SEVERABILITY IIn the event one or more parts of this Contract are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect.
OWNER (OR AUTHORIZED AGENT) BY____________________________________________________ DATE_________________
OWNER (OWNER'S PARENT OR GARDIAN if owner is a minor) BY____________________________________________________DATE__________________ ADDRESS_____________________________________________________________________ CITY______________________________________STATE_________ZIP_________________ TELEPHONE________________________CELL______________________________________ EMAIL__________________________________________
HORSE NAME________________________________________________________________________ AGE__________COLOR________________SEX_______________BREED________________
STABLE BY_____________________________________________________DATE____________________ RATES AS OF FEBRUARY 2008 MEMBERSHIP: $50.00 FULL SERVICE BOARD: $300.00
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| 5025 Bovina Cut-Off Road • Vicksburg, MS • 601-638-8988 • http://www.silvercreekarena.com |