Horse Boarding Agreement and Liability Release



Horse Boarding Agreement and Liability Release

For

GRAZING PASTURES

2445-A Pellicer Rd.

Please read carefully before signing & initialing

This stable does not guarantee your safety or that of your

horse(s) or other animals due to the nature of Equines.

IT IS HEREBY AGREED TO AS FOLLOWS: THAT

1. Definitions: The term "OWNER" shall be the owner, part owner, or lessee of the animals, which are contracted to be boarded under this agreement, refers. The term "HORSE" and "ANIMAL" shall herein refer to all equine species, and also to the specific animals to which the agreement refers. The terms "BOARD" and "BOARDING" shall herein refer to the provision for compensation of daily routine husbandry, food and physical space for animals by a party who does not generally have financial interest in the animals. The term "RIDER" shall herein refer to a person who rides a horse mounted or otherwise handles or comes near a horse from the ground. The term "I", "ME", or "MY" shall herein refer to the OWNER and the parents or legal guardians thereof if a minor.

Initials_________

2. AGREEMENT PURPOSE AND CONSIDERATION: At the commencement of this agreement OWNER agrees to pay the sum of $350.00 per month per horse, in consideration for Grazing Pastures undertaking the board of the animal(s) listed under Clause 3, below. Monthly charges are to be paid in advance and are due on the first of every month with 10% late fees by the 10th

Initials_________

3. DISCLOSURE OF INFORMATION ABOUT HORSES TO BE BOARDED:

1. NAME OF HORSE:_________________________________________________ COLOR:______ BREED: __________SEX: _M/ G / S___ COG. ID#______________

DISCLOSE HORSES VISES, UNIQUE HABITS: ________________________________ _________________________________________________________________________ OTHER PERTINENT INFO.: _________________________________________________ __________________________________________________________________________

Insurer Emergency Phone ( ) - Policy #-____________________________

4. FEE SCHEDULE FOR BOARDING SERVICES: ITEMS INCLUDED IN BOARD FEES ARE: 2x-3x daily feedings, coastal hay BID when stalled, turnout (1/2 day) and box stall.

* ITEMS AVAILABLE AS EXTRAS ARE: (will show up on following months bill)

□Extra Feedings/Feeds :( Description attached to last page of contract)

□ Shavings-$cost □ specialty hay-$cost □ paste wormer (Mandatory every 8wk) □ Farrier Fees $25 + $5 handling fee *will be automatically charged if no one is available at time of services.

□Handling for Vet: Routine$5,or $30 for after 6pm, hard to handle, or weekend Emergencies

□2x week grooming and hoof cleaning $20 mo □bathing -$10 per bath

□exercising-$15 hour longing as needed or $10 per hr longing 5 day per month minimum: Instructions attached by owner INITIALS_________

□conditioning $15 hour with a 5 day per month minimum or $25 per hour as needed. Instructions attached by owner INITIALS__________

□ Instruction/training-$20 hr ________ hours per week Initials____

□trimming-$25 horse must be well behaved (ears, muzzle, bridle-path, and fetlocks)

□Body clipping (not professionally done for shows-$125 touchup$50 Initials______

Continued on page 2

5. THIS STABLE’S FEE’S AND FEE SCHEDULES’ MAY CHANGE AT ANY TIME: Should such a change be required, GRAZING PASTURES shall give OWNER 30 days written notice with written explanation. Initials_______

6. BOARDED HORSE HEALTH WARRANTY: Each horse to be boarded shall enter the premises free from transmissible diseases, and must be effectively wormed, and current on immunizations for tetanus, strangles, rabies, E/W encephalitis, Rhino/flu, and W. Nile.

The following up-to-date documents must be presented to GRAZING PASTURES, by OWNER prior to the entry of the horse onto the premises:

□Vet Health Certificate (if from out of state or from auction) □ Neg. Coggins Test

□ Worming and Immunization Record All horses will be quarantined for 30 days from current horses housed at the barn. Initials______

7. ROUTINE HORSE CARE REQUIREMENT: The boarded horse(s) must participate in GRAZING PASTURES' worming, immunization, and routine health programs as needed, the cost of which shall be paid by OWNER. Initials_____

8. IN EVENT OF BOARDED HORSE ILLNESS OR INJURY: Should the horse(s) become sick or injured, GRAZING PASTURES shall attempt to telephone the OWNER immediately. If the OWNER does not immediately inform GRAZING PASTURES regarding measures to be taken, or if the state of the animal’s health requires immediate action, GRAZING PASTURES is authorized to request the services of a veterinarian of its choice or to give any other attention that appears necessary please advise your vet and have a payment arrangement left with vet office. The OWNER shall promptly pay for all expenses for all services. Initials_______

9. THIS STABLES RIGHT TO REFUSE BOARD: GRAZING PASTURES reserves the tight to refuse the continuation of board of any horse(s) for any reason, to include but not limited to: animal’s poor health or unsoundness; dangerous propensities, habits, and /or vices which GRAZING PASTURES is not equipped to handle; owner’s refusal to obey stable rules or to cooperate with GRAZING PASTURES on reasonable requests relative to the management, welfare and safety of animals and people on premises; and, also in event of discontinuation of the business of boarding of horses. In such event GRAZING PASTURES shall give OWNER 30 days written notice to remove boarded animal(s) from premises. After all fees have been paid in full this Agreement is concluded. Failure to pay boarding fees of other charges as due shall also entitle GRAZING PASTURES to immediately terminate this Agreement, and to keep the animal in GRAZING PASTURES possession until all fees and charges are paid in full that are incurred to the date of payment. All costs (Medical, court, etc.)Are to be covered by owner in the case of any legal action to be taken where the owner is found at fault or any damage or injury occurs due to OWNER or the ANIMAL(S) behavior or negligence at the time it is incurred. Initials_______

10. VISITOR PERMISSION TO HANDLE HORSE: In the event someone other than the OWNER and/or his/her family members call for the boarded horse(s) at GRAZING PASTURES, such parties shall have written permission or other agreed upon pre-arranged permission to remove, handle, or ride specific boarded horse(s) and or use of said tack or belongings. All visitors must sign a release form (attached) upon arriving at stables whether they will be handling a horse or not. Initials______

11. OWNER ACCEPTANCE OF RESPONSIBILITY: OWNER has inspected GRAZING PASTURES’ premises and/or has in some other way satisfied him/herself that the condition of the premises and the facilities will provide an adequate and reasonable level of safety for OWNER(S) horse(s) and OWNER, OWNERS family, guests, and visitors who enter the premises. OWNER agrees to be responsible for any and all damages, injuries, loss of life caused by or to the animal(s) while in the care, custody, and control of the OWNER, OWNER’S family members, invitee or other handler or agent appointed by them, and also for (CONT’D) any acts of the horse(s) caused by vices or dangerous behavior not disclosed to GRAZING PASTURES by OWNER. OWNER agrees to maintain personal liability and mortality insurance on the boarded horse(s) and to provide GRAZING PASTURES with proof of the same. If owner chooses not to maintain equine insurance, it is understood that it is at their own risk. OWNER is also responsible for accidents, injuries, and loss of life sustained by OWNER, OWNER’S family members, invitees, and agents caused by or in relation to the OWNER’S boarded horse(s) or other horses on the premises. OWNER agrees to at all times maintain adequate accident/medical insurance to cover OWNER and family members.

PERSONAL LIABILITY INSURER__________________________POL#___________________________

ACCIDENT/MEDICAL INSURER___________________________POL#___________________________

EQUINE INSURACE CARRIER_____________________________POL#__________________________________ Initials______

12. RELEASE OF LIABILITY: In consideration of GRAZING PASTURES undertaking the board and related services under the terms set forth herein, I, the undersigned OWNER, do agree to hold harmless and release GRAZING PASTURES, its owners, agents, employees, officers, directors, representatives, assigns, members, owners of premises, affiliated organizations, Insurers and other acting on GRAZING PASTURES’ behalf (hereinafter, collectively referred to as “Associates”), of all claims, demands, legal actions, and causes of action, negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions, and causes of action, against GRAZING PASTURES and ITA ASSOCIATES as state above in this clause, for any econonomic and non-economic losses due to bodily injury, death, property damage, and injury to, or the loss by death, of the boarded animals(s), an/or sustained by me and/or my minor child and/or legal ward in relation to the premises and operation of GRAZING PASTURES, to include being near horses owned by or in the care, custody and control of GRAZING PASTURES, whether on or off the premises of GRAZING PASTSURES.

All interested parties must initial: Initials______ Initials________ Initials________ Initials_______

13. INHERET RISKS AND NATURE OF THE HORSE WARNING: Horseback riding and horse driving is classified as RUGGED ADVENTURE RECREATIONAL SPORT ACTIVITY, and there are numerous obvious and non-obvious inherent risks always present in such activity despite all safety precautions. No horse is a completely safe horse. Horses are 5 to 15 times larger, 20 to 40 times more powerful, and 3 to 4 times faster than a human. If a horse is frightened or provoked it may divert from its training and act according to its natural survival instincts which may include, but not limited to: stopping short; changing direction or speed at will; shifting its weight from side to side, bucking, rearing, biting, kicking, or running from danger. Initials_______

Continued on page 3

14. RIDING HELMET WARNING: I AGREE THAT: I for myself and on behalf of my child and/or legal ward have been fully warned by GRAZING PASTURES that all horse handlers and riders should purchase and wear protective headgear which meets or exceeds the quality standards of the SEI CERTIFIED ASTM STANDARD F 1163 Equestrian Helmet, while riding and being near horses and I do understand that the wearing of such headgear at these times may reduce the severity of some of the wearer’s head injuries and possibly prevent the wearers death from happening as the result of a fall and other occurrences. To ensure your safety and that of your guests extra helmets are available in the tack room.

a. I (being over the age of 18 years) do not plan on wearing a helmet while participating in any recreational activities at my own risk, with the acceptance of Jumping, Barrel Racing and any other high risk activities where a helmet is required. Initials__________

b. I (parent of minor under the age of 18) do understand that my child is required to wear a helmet at all times when handling or riding a horse on the property of Grazing Pastures. Failure to do so will result in my horses eviction from the property.

Initials_________

15. DIRECT LOSS TO PERSONAL PROPERTY WARNING: OWNER is hereby warned that while on GRAZING PASTURES’ premises, direct loss, damage, theft, or injury to OWNERS horse(s), tack, equipment, and trailer is not covered by GRAZING PASTURES’ insurance. The actual OWNER, having financial interest in such items, must carry his own personal property insurance under a homeowner’s, tenants, or other insurance policy, or under a separate policy as in the case of the loss of a horse. Initials______

16. AGREEMENT SCOPE AND TERRITORY: This agreement shall be legally binding upon GRAZING PASTURES and the OWNER’S parents or legal guardians, should OWNER be a minor, when signed by both parties. This agreement is entered into the state and county of domicile of GRAZING PASTURES and will be interpreted and enforced under the laws of this state. Any disputes by the OWNER shall be litigated in and venue shall be the county in which GRAZING PASTURES is physically located. If any clause, phrase or word is in conflict with State Law then that single part is null and void. Initials________

17. LEIN AGAINST BOARDED ANIMAL: The OWNER hereby grants a possessor lien against the boarded animal(s) to GRAZING PASTURES for the value of all unpaid charges resulting from boarding and rendering any other services to the animal(s). Should such charges go unpaid GRAZING PASTURES shall be entitled to exercise the right to enforce said lien according to the laws of The State of Florida. Initials______

18. OWNER RIGHT OF TERMINATION: Upon 15 days written notice to GRAZING PASTURES the OWNER may terminate this Agreement for any reason. GRAZING PASTURES shall be paid for all fees incurred up to the end of the month of the termination date. After all fees have been paid in full this Agreement is concluded. OWNER understands that the animal(s) may not be removed from the premises until this time of full payment. Initials____

19. ADDITIONAL AGREEMENTS: Each party should individually initial additional agreements on back of contract. If none check here □ Initials______

20. CONTRACT LENGTH: This contract is binding for 1 year from the date of signature unless other wise noted in number 19.

Initials_______

Continued on Page 4

ALL OWNERS AND PARENTS OR LEGAL GUARDIANS, OR AUTHORIZED AGENT FOR SUCH PARTIES, MUST SIGN BELOW AFTER READING THIS ENTIRE DOCUMENT. BOTH SPOUSES MUST SIGN FOR THEMSELVES.

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______________________________________ ___-_____-_____ CIRCLE ONE (MINOR / ADULT) D.O.B_______________

SIGNATURE OF OWNER #1 DATE

Contact Numbers- Home :_(____) _____-________ Cell :_(____) _____-_________

Work :(_____) _____-________ email :______________________

_____________________________________ ____-_____-_____ CIRCLE ONE (MINOR/ADULT) D.O.B __________________

SIGNATURE OF OWNER #2 DATE If a minor must have Legal Guardian Sign #1

Contact Numbers- Home :_(____) _____-________ Cell :_(____) _____-_________

Work :(_____) _____-________ email :______________________

GRAZING PASTURES_____BY___________________________________________ _Owner/Manager___

STABLE NAME Jamie A. Smrekar TITLE

MANAGER NAME ______________________________

BUSINESS ADDRESS ______________________2445 PELLICER RD______________________________________________

_________________ST. AUGUSTINE, FL. 32092_______Email: smrekarz@_______

Phone: (904)823-1128 Cell: (904)540-2637

EMERGENCY INFORMATION: (RIDER)

DOCTOR: ______________________________________ PHONE NUMBER: _______________________

INSURANCE INFORMATION: _____________________________________________________________

*In the case of emergency 911 will be called and rider/handler will go to Flagler Hospital.

EMERGENCY INFORMATION: (HORSE) Please make sure to have authorization and payment arrangements on file with all vets.

VETERINARIAN #1: ________________________________ PHONE NUMBER: (____) _____-________

2nd CHOICE IF 1ST IS UNAVAILABLE VETERINARIAN #2: ________________________________ PHONE NUMBER: (____) _____-________

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Additional written agreements: (may be continued on additional page and all items initialed by owner and Manager.)

End of Contract

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SIGNER STATEMENT OF AWARENESS

I/We, the undersigned, have read and do understand the foregoing agreement, warning, and assumption of risk and release agreement.

I/WE further attest that all stated facts are true and accurate.

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