LOCATION 1901 Cales Road, Masontown, WV 26542
PLEASE READ CAREFULLY BEFORE SIGNING
THIS STABLE DOES NOT GUARANTEE YOUR SAFETY OR THAT OF YOUR BOARDED HORSE(S) IT IS HEREBY AGREED TO AS FOLLOWS:
A. DEFINITIONS 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 animals to which this 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(S) and the parents or legal guardians thereof if a minor.
B. AGREEMENT PURPOSE and CONSIDERATION At the commencement of this agreement OWNER agrees to pay the sum of $600.00 per month per animal, inconsideration for THIS STABLE undertaking the board of the animal(s) listed under Clause C. below. Monthly charges are to be paid in advance and are due on or before 5th of each month. A $25.00 late fee will be charge past the fifth.
C. DISCLOSURE OF INFORMATION ABOUT HORSES TO BE BOARDED by THIS STABLE is hereby stated as follows:
D. FEE SCHEDULE FOR BOARDING SERVICES THIS STABLE shall provide OWNER with a fee schedule for boarding services in advance of the signing of this agreement, which shall become part of this agreement.
E. THIS STABLE’S FEE SCHEDULE MAY CHANGE AT ANY TIME. Should such a change be required, THIS STABLE shall give OWNER no less than 30 days written notice.
F. BOARDED HORSE HEALTH WARRANTY Each horse to be boarded shall enter premises free from transmissible diseases, and must be effectively wormed, and current on immunizations for tetanus, rabies, flu, rhino ,potomac, vee,wee,eee strangles , and west nile
The following up-to-date documents must be presented to THIS STABLE by OWNER prior to the entry of horse onto THIS STABLE’S premises: ٱ Vet. Health Certificate ٱ Worming and Immunization Record ٱ Negative Coggins Test
G. THIS STABLE’S RIGHT TO THE REFUSE BOARD THIS STABLE reserves the right 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 THIS STABLE is not equipped to handle; owner’s refusal to obey stable rules or to cooperate with THIS STABLE on reasonable requests relative to the management, welfare and safety of animals and people on premises; and, also in event of the discontinuation of the business of boarding of horses. In such event THIS STABLE 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 or other charges as due shall also entitle THIS STABLE to immediately terminate this Agreement, and to keep the animal in THIS STABLE’S possession until all fees and charges are paid in full.
H. ROUTINE HORSE CARE REQUIREMENT The boarded horse(s) must participate in THIS STABLE’S worming, immunization and teeth floating programs, the cost of which shall be borne by OWNER.
I. IN EVENT OF BOARDED HORSE ILLNESS OR INJURY Should the horse(s) become sick or injured, THIS STABLE shall attempt to telephone the OWNER immediately. If the OWNER does not immediately inform THIS STABLE regarding measures to be taken, or if the state of the animal’s health requires immediate action, THIS STABLE is authorized to request the services of a veterinarian of its choice or to give any other attention that appears necessary. The OWNER shall promptly pay all expenses for all services.
J. VISITOR PERMISSION TO HANDLE HORSE(S) In the event someone other than the OWNER and/or his family members call for the boarded horse(s) at THIS STABLE, such parties shall have written permission or other agreed upon pre-arranged permission to remove, handle, or ride specific boarded horse(s).
K. OWNER ACCEPTANCE OF RESPONSIBILITY OWNER has inspected THIS STABLE’S premises and/or has in some other way satisfied himself 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, OWNER’S 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 any acts of the horse(s) caused by vices or dangerous behavior not disclosed to THIS STABLE by OWNER. OWNER agrees to maintain personal liability insurance on the boarded horse(s) and to provide THIS STABLE with proof of the same. 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). OWNER agrees to at all times maintain adequate accidental/medical insurance to cover OWNER and family members.
L. RELEASE OF LIABILITY In consideration of THIS STABLE undertaking the board and related services under the terms set forth herein, I, the undersigned OWNER, do agree to hold harmless and release THIS STABLE, its owners, agents, employees, officers, directors, representatives, assigns, members, owners of premises, affiliated organizations, Insurers and others acting on THIS STABLE’S behalf (hereinafter, collectively referred to as “Associates”), of all claims, demands, cause of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to THIS STABLE’S and/or ITS ASSOCIATES ordinary negligence; and I do further agree that except in the event of THIS STABLE’S gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against THIS STABLE and ITS ASSOCIATES as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, and injury to, or loss by death, of the boarded animal(s), and/or sustained by me and/or my minor child and/or legal ward in relation to the premises and operation of THIS STABLE, to include being near horses owned by or in the care, custody, and control of THIS STABLE, whether on or off the premises of THIS STABLE.
M. INHERENT 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 rider falls from horse to ground it will generally be at a distance of from 3 ½ to 5 ½ feet, and the impact may result in injury to the rider. Horseback riding/horse driving is the only sport where one much smaller, weaker predator animal, the human, tries to control and become one unit of movement with another much larger, stronger prey animal, the horse, with each having a limited understanding of the other. If a horse is frightened or provoked it may divert from its training and act according to it natural survival instincts which may include, but are 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.
N. RIDING HELMET WARNING I AGREE THAT: I for myself and on behalf of my child and/or legal ward have been fully warned by THIS STABLE that all horse handlers and riders should purchase and wear protective headgear which meets or exceeds the quality standards or 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 severity of some of the wearer’s head injuries and possibly prevent the wearer’s death from happening as the result of a fall and other occurrences.
O. DIRECT LOSS TO PERSONAL PROPERTY WARNING OWNER is hereby warned that while on THIS STABLE’S premises direct loss, damage, theft, or injury to OWNER’S horse(s), tack, equipment and trailer is not covered by THIS STABLE’S 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.
P. AGREEMENT SCOPE AND TERRITORY This agreement shall be legally binding upon THIS STABLE and the OWNER and OWNER’S parents or legal guardians, should OWNER be a minor, when signed by both parties. This agreement is entered into in the state and county of domicile of THIS STABLE 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 THIS STABLE is physically located. If any clause, phrase or word is in conflict with State Law then that single part is null and void.
Q. LEIN AGAINST BOARDED ANIMAL The OWNER hereby grants a possessory lien against the boarded animal(s) to THIS STABLE for the value to all unpaid charges resulting from boarding and rendering any other services to the animal(s). Should such charges go unpaid THIS STABLE shall be entitled to exercise the right to enforce said lien according to the laws of THIS STATE.
R. OWNER RIGHT OF TERMINATION Upon 30 day’s written notice to THIS STABLE the OWNER may terminate this Agreement for any reason. THIS STABLE shall be paid for all fees incurred up to the termination date. After all fees have been paid in full this Agreement is concluded.
S. ADDITIONAL AGREEMENTS Additional agreements should be individually initialed by each party.
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:
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.