Horse Boarding Contracts
Horse-Boarding-Contracts are meant to protect you as the barn owner. Horses are on the most part expensive creatures. They are also delicate and vulnerable to many mishaps.
Here is a sampling of ideas and forms, Leases, Liens, Rental agreements etc... You will find useful information that you can use to build your own Contracts and barn rules. Take the time to read them even if they are dry and boring.
Protect yourself with one of these well thought out Horse-Boarding-Contracts.
Horse Boarding Contracts /Information Sheet
Wild Spirit Ranch
Name of Horse __________________________________________
Name of Owner __________________________________________
1. Board is to be paid on the 1st of each month
2. Boarder must have a regular worming, farrier and vaccination schedule.
3. Please give us one months notice if you plan to leave
4. Owner of Barn is not responsible for injury and theft
In case of an emergency situation I (name of horse owner)
Give the barn owner the right to contact my vet or farrier when I cannot be contacted.
Absolutely, Positively NO SMOKING in or around the stables
Please put away your stuff (tack, articles of clothing etc...) in your asigned locker
Children must be supervised at all times
Please: There is a public Bathroom located through the side entrance next to the garage.
Please park only in designated parking area
Please observe the speed limit (10K) as there are animals and children on the premises
Visiting horses are not allowed inside the stable stalls (this is for your horses protection)
Don't forget to have them sign Horse-Boarding-Contracts.
Horse Boarding Contracts In Detail
Every boarding stable owner should hang or post a copy of their barn rules and their Lien on animals and effects, in a conspicuous place in the stables. In case of non-compliance with with either the rules or payment arrangements, the boarder cannot claim ignorance of the existence of these policies or the ramifications of violation. In addition have the boarders sign and give them a copy of the barn rules and Horse-Boarding-Contracts when they move in, the Lien on animals and effects should be clearly stated. Don't forget to have them sign a Horse-Boarding-Contract.
Suggestions to include:
1.Stable is open from 8:00 am to 8:00 pm only. Boarders are permitted to ride only in the stated hours unless otherwise arranged.
2.Boarders must make appointments to visit their horses after hours.
3.If you turned on a light, turn it off when you are finished using that area.
4.No smoking in the barn. All cigarettes will be fully extinguished in the can outside.
5.No drinking of alcoholic beverages allowed on the property associated with stables.
6.Keep the aisle clean of tack, brushes, halters, hoof pickings or manure if you or your horse put it there, pick it up!
7.All vehicles must be parked in the parking designated areas.
8.No visitors are allowed in the stalls. Boarders may retrieve their horses from the stalls and properly tie them for visitors to view.
9.No visitors are allowed in the pasture. Boarders may enter the pasture to retrieve ONLY the owners equine. No boarder may enter the pasture where a stallion is turned out.
10.Owners may not handle any equine other than their own or an animal they have leased.
11.Do not feed your equine. If you believe your equine needs its rations increased, please notify the stable. Feeding your equine outside of the habitual feeding period can cause colic on your equine as well as in those equines around yours which are not being fed at the same time.
12.Do not give treats to any equine other than your own unless written permission is on file with the stable. Some equines may have stomach problems associated with some treats.
13.Do not ride without safety equipment. The stable will not be held responsible for any injury, accident and/or death occurring because you failed to use the proper safety equipment.
14.Do not ride on properties not designated as allowed riding areas. The stable will not be held responsible for any injury, accident and/or death occurring because you failed to stay on proper trails, fields or roads. The stable will not be responsible for any fines and/or jail terms for trespassing on posted or non-posted properties.
15.Always mount and dismount outside, unless you are riding in the indoor arena.
16.No running or yelling in the barn or courtyard, especially when horses are present. The stable cannot be responsible for any injury, accident and/or death associated with scaring or spooking an equine due to inappropriate behavior or misbehavior.
17.No bicycles or motorized vehicles in the barn.
18.Do not tie your horse with your reins. All horses are to be tied in the aisles with a lead rope or in the grooming stall with the cross ties while wearing a serviceable halter. The stable will not be responsible for any injury, accident and/or death associated with tying your horse with the reins, or bailing twine or any other inappropriate equipment.
19.Always check your tack before riding. The stable will not be responsible for the quality of repair of your tack and will not be held responsible for any injury, accident and/or death associated with using tack in ill repair.
20.All injuries, accidents and damages must be immediately brought to our attention. Any unreported incidents will be the responsibility of the boarder or leasor.
Contract between the Boarder and Barn Owner
Identify The Parties by name, address, and contact number.
Identify The Horse a description of the horse, its name and even a photograph attached to the contract and initialed by both parties is a good idea. Be sure to to include a detailed physical condition of the animal, as well as indications of previous injury. Tack and equipment left on site for use of the horse also should be listed and identified to avoid later disputes about ownership of those items.
Who is Responsible for what Expenses? Detail any foreseen expense and whether it is included in the board payment of it the owner is expected to cover it, and when they are expected to reimburse you for expenses you pay out on their behalf. Whether out-of-pocket expenses will be paid by the farm and billed to the owner, or billed directly to the owner by the person providing the service, also should be stated in the contract. The contract should include a provision allowing the farm to charge interest on overdue bills.
What do you provide in exchange for the board? Spell out in detail the services and facilities that the farm is agreeing to provide as part of the board.
A waiver of liability clause in which the boarder agrees to a waiver of the farm's liability for personal injuries or injuries to the horse.
Provision for recovery of attorney fees, allowing the farm to recover attorney fees in the event legal assistance is required to recover a delinquent bill.
Lien on animals and effects in the event of non payment of fees. *
Boarder agrees that;
Boarding stable owner has a lien on the animals and things hereinafter mentioned for the value of any unpaid fees for food, care, attendance or accommodation furnished for the horse, and in addition to all other remedies provided by law may detain the horse in his custody and possession until payment in full had been rendered in good funds.
The right of detention by boarding stable owner of the animal or thing (harness, furnishings or other gear appertaining thereto, including carriage, sleigh or other vehicle) until full payment has been received, has priority over and is not subject to any existing lien, security interest or other charge or encumbrance of whatever nature or kind affecting that animal or thing.
If the boarder/owner does not reclaim the animal(s) or things by discharging his indebtedness within one month from the time it was incurred, the boarding stable owner may by private sale or public auction sell the animal(s) or things on giving 2 weeks' notice of sale. Such notice to be sent to the address the boarder/owner has provided to the boarding stable owner, it is the responsibility of the boarder/owner to notify the boarding stable owner of a change in current address. Boarding stable owner shall also post notice of intention to sell the animal(s) or things:
(a) by advertisement in the newspaper published nearest to the stable or if more than one newspaper is published in the same locality, then in either of them, and
(b) by posting up notices of the intended sale in the stable.
In the event that the proceeds derived from the sale by public auction result in a surplus, after paying the expenses incurred by the detention, advertising and sale and satisfying the lien of the boarding stable owner; boarder/owner has thirty days to apply in writing for the surplus, if he fails to do so it shall be forfeited to the boarding stable owner.
* This is ONLY a suggestion, have any document you are depending on to secure your rights reviewed by an attorney
Don't forget: Horse-Boarding-Contracts need to be signed to be legal.
THIS AGREEMENT, for good and valuable consideration receipt of which is hereby acknowledged, dated the __________ day of ____________, 2004 made by and between MILES RANCH, hereinafter referred to as "STABLE", providing services as an independent contractor, located at Smith Road, Corralitos, California and (Owners name) _________________________ residing at (Owners address) _________________________________, hereinafter referred to as "OWNER." These parties warrant that they have the right to enter into this AGREEMENT.
1. FEES, TERMS AND LOCATION
In consideration of $ ____________ per horse per month paid by OWNER in advance on the First day of each month, STABLE agrees to board the herein described horse (s) on a month to month basis commencing ____________, 2004. 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 between the sixth and fifteenth day of the current month due will be subject to a late fee of $15.00. Fees received after the sixteenth will be subject to a late fee of $25.00.
2. DESCRIPTION OF HORSE(S)Name: .Age: Color: Registration/Tattoo Sex: Breed: Number (if applicable):
3. FEED AND FACILITIESSTABLE agrees to provide the following, in addition to normal and reasonable care and handling to maintain the health and well being of the horse (s).
Pasture horses will be fed alfalfa/oat hay twice daily unless other feeding arrangements have been agreed upon.Additional supplements such as grain, vitamins, etc. can be provided at an additional charge.
4. ROUTINE FARRIER AND VETERINARY CARE
STABLE will provide the necessary routine farrier and veterinary care of the horse as is reasonably necessary. Provided however, such expense for same shall be the obligation of OWNER hereunder. Upon presentation by STABLE of the bill for said services rendered, including service charges, if any, OWNER shall pay said bill within fifteen days that the bill is submitted to OWNER. The STABLE policy asks that OWNER (S) remove horses shoes prior to retirement unless medically required to prevent lameness. Each horse will be administered a paste wormer upon arrival to STABLE and the fee for which will be added to the first months boarding fee.Upon arrival of horse to STABLE proof of current tetanus, sleeping sickness, and influenza vaccinations is required. Vaccines against West Nile Virus and Strangles are recommended but not required.Tetanus and sleeping sickness vaccines will be administered once yearly and influenza twice yearly.A negative current Coggins test is required for all horses arriving from out of state
5. 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. This includes, but is not limited to, any personal injury or disability the horse may receive while of STABLEs premises. OWNER fully understands and hereby acknowledges that STABLE does not carry any insurance on any horse (s) not owned by STABLE, including, but 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.
6. HOLD HARMLESS OWNER agrees to hold STABLE 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 incurred by STABLE in defense of such claims.Please note that it is a requirement for all OWNERS and GUESTS to sign the separate HOLD HARMLESS agreement upon arrival to STABLE.
7. LIABILITY INSURANCEOWNER warrants that he/she presently carries in full force and effect, and throughout the period of this AGREEMENT shall continue to carry and maintain in full force and effect, liability insurance protecting OWNER and STABLE from any and all claim (s) arising out of or relating to this AGREEMENT.
8. 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 so 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 any licensed providers of such care who are selected by STABLE, as STABLE determines is required for the health and well-being of said horse (s). The cost of such care secured shall be due and payable by OWNER within fifteen days from the date OWNER receives notice thereof, provided however, that STABLE is authorized to arrange direct billing by said care provider to the OWNER. Either party may terminate this AGREEMENT for failure of the other party to meet any material terms of this AGREEMENT, including but not limited to stable rules.
9. 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 he/she and his/her 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. OWNER acknowledges the Rules include but are not limited to:STABLE Safety Rules;STABLE Hours of Operation;Notice of Required Release and Waiver for minors;Statement of Applicable state equine liability laws;Required Veterinary care;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 STABLEs sole discretion, of OWNER or OWNERs guests and invitees to abide by STABLE Rules may result in STABLE declaring OWNER in default hereunder and result in termination of this AGREEMENT.
Either party may terminate this AGREEMENT for failure of the other party to meet any material terms of this AGREEMENT, including but not limited to item 9 Stable Rules. In the case of a default by one party, the other party shall have the right to recover legal fees and expenses, if any, incurred as a result of said default. Any payment due STABLE under this AGREEMENT shall be due and payable by the tenth day of the month and immediately in the event of termination. Failure to make any payment by said due date shall place OWNER in default hereunder. Acceptance by STABLE of any late payment shall not constitute a waiver of subsequent due dates or determinations of default.
This AGREEMENT may not be assigned by OWNER without the express written consent of STABLE.
12. NOTICE OF TERMINATION
OWNER agrees that thirty (30) days notice shall be given to STABLE as to the termination of this AGREEMENT.
13. RIGHT OF LIEN
OWNER is put on notice that STABLE has and may assert and exercise a right of lien, as provided for by the laws of the State of California for any amount due for the board and keep of horse (s), and also for any storage or other charges due hereunder, and further agrees STABLE shall have the right, without process of law, to attach a lien to your horse (s) after two (2) months of non-payment or partial payment and STABLE can then sell horse (s) to recover its loss.
14. MEDIATION/ARBITRATION BY EQUINE DISPUTE RESOLUTION SERVICE
In the event of any dispute or disagreement relating in any manner whatsoever to this AGREEMENT the parties agree and consent to engage in mediation in a good faith effort to resolve the dispute amicably before either party resorts to court action. Mediation shall be conducted by and according to the rules of the Equine Dispute Resolution Service (EDRS) and shall be commenced within 45 days of such disagreement or the request of either party to mediation. In the event that the parties are unable to successful resolve said dispute through said mediation, then, in that event, the parties agree to submit the dispute to binding arbitration by and according to the rules of Equine Dispute Resolution Service (EDRS), within 30 days of any declaration of impasse by EDRS.
15. Special Instructions to STABLE
__________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________
THIS AGREEMENT IS SUBJECT TO THE LAWS OF THE State of California.
Executed at ____________________________ on the date first set forth above.
Your R a n c hBy: ________________________________________
(O w n e r s S i g n a t u r e)Owners Name: _______________________________
Day Phone : _________________________________
Evening Phone : ______________________________
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