WITNESS THIS AGREEMENT on date stated above, by and between Alison Koenig and Badger Ridge Farm, hereinafter referred to as “Stable,” and the individual named above, hereinafter referred to as “Owner.” Please sign below that you agree to the following terms and conditions of boarding at Badger Ridge Farm.
- Term, Fees and Location: The term of this agreement shall be for one (1) month commencing on the date set forth above, and shall renew each month automatically for successive periods thereafter until terminated with thirty (30) days written notice by either party. The rate of board is $700 per month or $24 per day for any part of the month. Board is due on the 1st day of each month. Payment received after the 5th of the month will be subject to a $50 late fee, plus $20 in late fees for each additional day thereafter on which Board plus accrued late fees remain unpaid. There will be a $75 charge for returned checks. Payments shall first be credited to accrued late fees and returned check charges. In the event the subject animal is removed from the premises for any reason and returned, this agreement shall be deemed reinstated at rates applicable at the time of said return. Stable reserves the right to notify the Owner within fifteen (15) days of the horse(s)’ arrival if the horse(s), in Stable’s opinion, is deemed to be dangerous or undesirable for Stable’s establishment. In such case, Owner shall be solely responsible for removing the horse(s) within seven (7) days of said notice and for all fees incurred during the horse(s)’ presence upon the premises. This Contract shall be deemed terminated and concluded upon the payment of all fees.
- Description of Horse(s) to be Boarded: Owner agrees to submit a fully complete Owner Information Sheet for each horse boarded upon execution of this agreement. The terms and conditions set forth herein shall be applicable to each and every animal boarded by Owner.
- Feed, Facilities, and Services: Stable agrees to provide adequate grain, hay, water and facilities for normal and reasonable care required to maintain the health and well-being of the animals. Owner acknowledges Owner has inspected the facilities and finds them in safe and proper order. The standard services to be provided herein and the charges therefore are as stated above and are subject to change with thirty (30) days written notice.
- Risk of Loss and Standard of Care: DURING THE TIME THAT THE HORSE(S) IS/ARE IN CUSTODY OF STABLE, STABLE SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY WHICH MAY BE SUFFERED BY THE HORSE(S) OR ANY OTHER CAUSE OF ACTION, WHATSOEVER, ARISING OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOARDING OF SAID HORSE(S), INCLUDING THE NEGLIGENCE OF THE STABLE, ITS AGENTS., AND/OR EMPLOYEES. This includes, but is not limited to, any personal injury or disability the horse Owner, or Owner’s guest(s), may receive on Stable’s premises.
- The Owner fully understands that Stable does not carry any insurance on any horse(s) not owned by it for boarding or for any other purposes, whether public liability, accidental injury, theft or equine mortality insurance, and that all risks connected with boarding or for any other reason for which the horse(s) in the possession of, and on the premises of Stable are to be borne by the Owner. Stable strongly recommends equine mortality insurance to 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 BAILEE.
- Hold Harmless: Owner agrees to hold Stable harmless from any and all claims arising from damage or injury caused by Owner’s horse(s) to anyone, and defend Stable from any such claims. Owner agrees to disclose any and all hazardous or dangerous propensities of horse(s) boarded with Stable.
- 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 hauling, veterinary, and/or blacksmith care required for the health and well-being of said horse(s). All costs of such care secured shall be paid by Owner within fifteen (15) days from 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 VETERINARIAN IN THE EVENT OF COLIC, OR OTHER LIFE-THREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED 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 change of addresses, emergency telephone numbers, itineraries or other information reasonably necessary to contact Owner in the event of an emergency. In the event Owner departs for vacation or is otherwise unavailable, prior to departure Owner shall notify Stable as to what party is authorized to make decisions in the Owner’s place with regard to the health, well-being, and/or medical treatment of the horse(s).
- Limitation of Actions: Any action or claim brought by Owner against Stable for breach of this contract must be brought within one (1) year of the date such claim occurs.
- Health Care: Owner agrees to provide the necessary dewormer of the horse(s) as designated by fecal testing bi-annually at Owner’s expense. Owner agrees to provide Stable with all health records with regard to the horse(s). Owner agrees to have the horse(s) dewormed and vaccinated on a regular schedule and provide proof of services to Stable within thirty (30) days from the date of such veterinary treatment. If Owner does not perform routine veterinary care, Stable reserves the right to ask the horse to be removed from the premises within 15 days of written notice
- Ownership and Coggins Test: Owner warrants that he/she owns the horse(s) and will provide original negative Coggins test for Stable verification and copy of original for Stable to keep for Stable records. Owner agrees to maintain required yearly Coggins test and supply copy to stable within 30 days of the expiration of previous test.
Rules and Regulations: The Owner agrees to abide by all the rules and regulations of the Stable. In the event someone other than the Owner shall call for the horse(s), such person must have written authority signed by the Owner to obtain said horse(s).
- Right of Lien: The Owner is put on notice that the stable has a right of lien as set forth in the laws of the State of Tennessee, for the amount due for the board and all other incurred fees, 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 that 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 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’s representatives 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, Owner agrees to pay all attorneys’ fees, costs, and other related expenses for which a minimum charge of $250.00 will be assessed.
- Property in Storage on Stable’s Premises: Owner may store certain tack and equipment on the premises of Stable at no additional charge to Owner. However, Stable shall not be responsible for the theft, loss, damage, or disappearance of any tack or equipment or other property stored at Stable at Owner’s risk. Stable shall not be liable for the theft, loss, damage, or disappearance of any tack or equipment taken to horse shows or clinics.
- Inherent Risks and Assumption of Risk: The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assume 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, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or 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 participate or others, such as failing to maintain control over the animal or not acting within such participant’s ability.
Owner expressly releases Stable from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by the laws of this State) by Stable or its representatives, agents or employees.
WARNING Under Tennessee Law, a participant in a recreational activity engaged on the premises owned or leased by a person who offers facilities to the general public for participation in recreational activities accepts the risks inherent in the recreational activity of which the ordinary prudent person should be aware.
- 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 Tennessee, and shall be enforced and interpreted in accordance with the laws of said State.
- Enforceability of Contract: In 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.