THIS AGREEMENT, for good and valuable consideration receipt of which is hereby acknowledged, dated made by and between , hereinafter referred to as "STABLE", providing services as an independent contractor, located at and (Owner’s name) residing at (Owner’s address), hereinafter referred to as "OWNER." These parties warrant that they have the right to enter into this AGREEMENT.
1. FEES, TERMS AND LOCATION
1.1 Term. The "Term" of this AGREEMENT shall commence on: (“Commencement Date”) and terminate on (“Termination Date”) unless sooner terminated pursuant to any provision hereof.
1.2 Fees. In consideration of per horse per paid by OWNER in advance on the First day of each , STABLE agrees to board the herein described horse (s) on a to basis commencing . Partial boarding shall be paid on a pro-rata basis based on the numbers of days boarded in a standard .
1.3 Late Fees. Boarding fees paid between the first and seventh day of the current month due will be subject to a late fee of . Fees paid between the eighth and fourteenth day of the current month due will be subject to a late fee of . Fees paid between the sixteenth and 30th day of the current month due will be subject to a late fee of . Fees received after the 30th will be subject to a late fee of $ .
2. FEED AND FACILITIES
2.1 STABLE 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).
3.1 Upon arrival of horse to STABLE proof of current tetanus, sleeping sickness, and influenza vaccinations is required. Proof of Tetanus and sleeping sickness vaccines are required once yearly and influenza twice yearly. A negative current Coggins test is required for all horses arriving from out of state.
4. RISK OF LOSS
4.1 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 STABLE’s 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.
5. HOLD HARMLESS
5.1 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.
6. LIABILITY INSURANCE
6.1 OWNER 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.
7. EMERGENCY CARE
7.1 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.
8. STABLE RULES
8.1 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:
8.2 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 STABLE’s sole discretion, of OWNER or OWNER’s guests and invitees to abide by STABLE Rules may result in STABLE declaring OWNER in default hereunder and result in termination of this AGREEMENT.
9.1 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.
10.1 This AGREEMENT may not be assigned by OWNER without the express written consent of STABLE.
11. NOTICE OF TERMINATION
11.1 OWNER agrees that thirty (30) days notice shall be given to STABLE as to the termination of this AGREEMENT.
12. RIGHT OF LIEN
12.1 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.
13. Special Instructions to STABLE:
13.1 If the OWNER has special instruction for the STABLE that pertain to the care of their horse(s), they will provide them with those instructions in written form to be inserted in paragraph 13.2 of this AGREEMENT. The STABLE agrees to abide by the special instructions provided by the OWNER in paragraph 13.2 to the best of their ability
13.2 OWNER provided special instructions:
14.1 This Agreement shall be governed by the laws of the State of in the country of , provided however, the parties agree to required Mediation and Arbitration of any disputes relating to this transaction. Any legal action commenced to enforce or interpret this Agreement shall be brought in state or federal courts with the appropriate jurisdiction, located in (City) in the country of (State) (Country). The parties hereto consent to both venue and jurisdiction.
15. ENTIRE AGREEMENT
15.1 This AGREEMENT constitutes the entire AGREEMENT between the parties. Any modifications or additions must be in writing and signed by all parties to this AGREEMENT. No oral modifications will be considered part of this AGREEMENT unless reduced to writing and signed by all parties before a notary.
16.1 The Agreement may be executed in any number of counterparts, each of which shall be deemed an original. All of which together shall be deemed as one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written.
17. INDEMNITY OF PEGASUS APP LLC
17.1 OWNER and STABLE confirm that I understand that this document is being provided to me by Pegasus App LLC for my convenience and in no way involves, includes or infers inclusion of the Pegasus App LLC in any actions, events or activated related to this AGREEMENT.
17.2 OWNER and STABLE agree that in the event that a civil, criminal or common law suit arises from actions, activities, misunderstandings or events, pertaining to this AGREEMENT, I indemnify Pegasus App LLC of any and all liability and/or involvement in the law suit, including prosecution in said law suit.
18. ACKNOWLEDGEMENT OF AGREEMENT TERMS AND SIGNATURE
18.1 I, OWNER, confirm that I have read, understood and agree to all terms stipulated in this Agreement.
18.2 I, STABLE, confirm that I have read, understood and agree to all terms stipulated in this Agreement.
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Document Name: Horse Boarding Agreement
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