HHH Ranch Boarding Agreement Horse(s): ________________________________
This agreement is made and entered into on this ______ day of _______________, 20__ by and between HHH Ranch (a.k.a. Hastings Huskies & Horses), its representatives, agents and/or its employees hereafter referred to HHH Ranch and _______________________________ (Owner's name) hereafter referred to as "Owner" residing at ______________________________________________________________________________.
These parties warrant that they have the right to enter into this AGREEMENT.
1. Description of Horse. 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.
2. Health Records. Owner warrants that he/she owns the horse(s) and agrees to provide proof satisfactory to HHH Ranch of a negative Coggins test, vaccination and health records.
3. Term of the Agreement. HHH Ranch reserves the right to notify the owner within fifteen (15) days if, in HHH Ranch's opinion the horse is deemed to be dangerous or undesirable for our establishment. In such case, the owner is solely responsible for removing the horse within seven (7) days of said notice and for all fees incurred during horse's presence on the premises.
4. Termination of the Agreement. Unless otherwise agreed (see attached addendum), this board agreement is on a month to month basis and if Owner intends to terminate the agreement, Owner will give HHH Ranch thirty (30) days notice of the intent. This board agreement may be terminated by HHH Ranch immediately for any reason. If horse is moved before the end of the month, the boarding fee will be prorated for the remainder of the month. This agreement is deemed to be terminated and concluded upon the payment of all fees.
5. Changes in the Agreement. It is agreed that this Agreement may be changed upon thirty (30) days notice. The posting of updated rate schedules and/or rules in a conspicuous or open place in the HHH Ranch's barn shall constitute written notice of any changes in rate schedules and/or rules as deemed appropriate by HHH Ranch management.
6. Limitation of Action. Any action or claim brought by Owner against HHH Ranch for breach of this contract or for loss due to negligence within one (1) year of the date such loss or claim occurred.
7. Fees. Owner agrees to pasture/stall (circle one) board the horse described below at HHH Ranch at an initial fee of $275/ $350 (circle one) per month, payable in advance on the first day of each month. A security deposit equal to one month's boarding fee will also be held to be credited towards any unpaid fees/ charges after termination of this agreement. The remainder of the security deposit will be returned within thirty (30) days after the termination of this agreement.
Owner also understands and agrees that if their horse is removed from the premises for any length of time (such as for a training, breeding, show or a trail ride), the boarding agreement is still in effect and there will be no refund of boarding fees for the period that the horse was gone.
8. Late Fees. Owner understands that a late fee of 1% per day applies to late payments. In the event that the fee is more than ten (10) days overdue, HHH Ranch has the right to exert a lien on any horse, tack or property on the premises for any amount due and shall be entitled to enforce said lien and foreclose its interest against said horse or equipment in accordance with the laws of the State of Minnesota. All costs incurred collecting delinquent charges, attorney's fees and court costs shall be the responsibility of the owner of the horse.
9. Right of Lien. The Owner is put on notice that HHH Ranch has a right of lien as set forth in the laws of the State of Minnesota, for the amount due for the board and keep of such horse, and also for storage and services, and shall have the right without process of law to retain said horse until the amount of indebtedness is discharged. However HHH Ranch will not be obligated to retain and or retain the horse in question in the event that the amount exceeds the anticipated unregistered value of the horse. In the event that HHH Ranch exercises its lien rights as above described for non-payment, this Agreement shall constitute a Bill of Sale and authorization to process transfer applications from any breed registration as may be applicable to said horse upon affidavit by HHH Ranch's representatives setting forth the material facts of the default and foreclosures well as HHH Ranch's compliance with foreclosure procedures as required by law. In the event the collection of this account is turned over to an attorney, Owner agrees to pay all attorney fees, costs and other expenses for which a minimum charge of $250 will be assessed.
10. Damages. Owner understands and agrees that Owner will make payment to HHH Ranch for damage intentional or otherwise (beyond normal wear and tear) caused by the Owner, their guest(s) or by their horse.
11. Services. Owner understands and agrees that HHH Ranch agrees to provide adequate feed and facilities for normal and reasonable care. Owner acknowledges that the Owner has inspected the facilities and finds the same in safe and proper order. Use of one tack locker and storage of one horse trailer is also included in the boarding fee.
Owner understands and agrees that if any additional care is desired the following fees apply:
Handling of the horse such as for
Veterinary and farrier calls, exercising, grooming, etc. $20/h
Blanketing a horse $25/mo
Feeding supplements (provided by owner) $25/mo
Leaving a horse inside/separate paddock $50/mo
Transport of a horse $1/mile RT + $20/h
Extra Tack locker (if available) $25/mo
Extra outside storage $50/mo
12. Customary Health Care. Owner agrees to provide the necessary shoeing of the horse as is reasonably necessary, at the Owner's expense. Owner agrees to provide all health records with regard to the horse. Owner agrees to keep the horse wormed and vaccinated on a regular schedule, and in the event the same is not accomplished and proof of same presented to HHH Ranch within thirty (30) days of such services or veterinary treatment, HHH Ranch is authorized but not obligated to arrange for such treatment and the expense of treatment shall be the obligation of the Owner, and upon presentation by HHH Ranch of the bill for such services rendered, including service charges, any bill shall be paid within thirty days (30) from the date the bill is submitted to the Owner.
13. Emergency Care. HHH Ranch agrees to attempt to contact Owner should HHH Ranch feel is needed for said horse, but if HHH Ranch or its assignees are unable to reach the Owner, HHH Ranch or its assignees are authorized to secure emergency, veterinary and/or ferrier care required for the health and well being of said horse. All costs of such care shall be paid by the Owner within 30 days from the date the Owner receives notice thereof, or HHH Ranch is authorized, as Owner's agent, to arrange direct billing to Owner.
HHH RANCH SHALL ASSUME THAT OWNER DESIRES SURGICAL CARE IF RECOMMENDED BY VETERINARIAN IN THE EVENT OF COLIC OR OTHER LIFE THREATENING ILLNESS, UNLESS HHH RANCH IS INSTRUCTED HEREIN OR ON OWNER'S INFORMATION SHEETS, BY OWNER THAT THE HORSE IS NOT A SURGICAL CANDIDATE.
Owner agrees to notify HHH Ranch of any and all changes of addresses, emergency telephone numbers, itineraries or other information reasonably necessary to contact Owner in the event of an emergency. In the event the Owner departs for vacation or is otherwise unavailable, prior to departure Owner shall notify HHH Ranch as to what party is authorized to make decisions in the Owner's place about the health, well-being and/or medical treatment of the horse.
14. Storage. Owner may store certain tack and equipment on the premises of HHH Ranch. However, HHH Ranch shall not be responsible for theft, loss, damage or disappearance of any tack, equipment or other property stored on the premises. All tack, equipment or other property is stored at Owner's risk. HHH Ranch shall not be liable for any tack or equipment taken to horse shows or clinics. Vehicles stored upon the premises will be subject to a $10/day storage cost for all delinquent accounts.
15. Barn Rules. Owner and any of their guests agree to abide by all the rules and regulations of HHH Ranch. In the event that someone other than the Owner shall call for the horse, such person shall have written authority from the Owner to obtain such horse.
__________ (initials) No smoking is allowed any where on the premises.
__________ (initials) Hours for visiting HHH Ranch are 7AM- 10PM daily.
__________ (initials) No pets are allowed on the premises.
__________ (initials) Children must be supervised at all times.
__________ (initials) Respect adjacent property owners' rights—get permission to ride.
__________ (initials) No entry into the kennels or dog yard without permission from the owners
__________ (initials) Guest riders must sign a Liability Release Form
__________ (initials) Visiting horse(s) must be current on vaccinations and have a negative coggins test.
16. Risk of Loss and Standard of Care.
DURING THE TIME THAT THE HORSE IS IN CUSTODY OF HHH RANCH, HHH RANCH SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY WHICH MAY BE SUFFERED BY THE HORSE OR ANY OTHER CAUSE OF ACTION, WHATSOEVER, ARISING OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOARDING OF SAID HORSE. This includes but is not limited to any personal injury or disability of the horse, Owner or Owner's guest(s) may receive on the property regardless of the condition of the property, water, electricity, snow, ice, hail, fire, building structure, building structure defect, wind, act of carelessness, agricultural chemicals, negligence, vandalism, misjudgment, hunting accident, errors with feeding or supplements, or any other act of God. Owner understands that the intent of this paragraph is to eliminate HHH Ranch and it's owners' liability for any one of innumerable injuries, accidents, or mistakes (foolish or otherwise) that can result from a person choosing to keep his/her horse at someone else's property under their care. Owner further understands that any conflicts between this agreement and those documents incorporated by reference are to be resolved by adopting a language which provides the most protection to HHH Ranch and it's owners.
Owner fully understands that HHH Ranch does not carry insurance on any horse not owned by it for boarding or 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 is in the possession of, and on the premises of HHH Ranch are to be borne by the Owner. HHH Ranch strongly recommends mortality insurance be obtained applicable to the subject horse by Owner.
THE STANDARD OF CARE APPLICABLE TO HHH RANCH IS THAT OF ORDINARY CARE OF A PRUDENT HORSE OWNER AND NOT AS A COMPENSATED BAILEE.
IN NO EVENT SHALL HHH RANCH BE HELD LIABLE TO OWNER FOR EQUINE DEATH OR INJURY IN AN AMOUNT IN EXCESS OF TWO THOUSAND DOLLARS ($2000) PER ANIMAL. OWNER AGREES TO OBTAIN EQUINE INSURANCE FOR ANY ANIMALS VALUED IN EXCESS OF TWO THOUSAND DOLLARS ($2000) AT OWNER'S EXPENSE OR FOREGO ANY CLAIM FOR AMOUNTS IN EXCESS OF TWO THOUSAND DOLLARS ($2000). OWNER AGREES TO DISCLOSE THIS ENTIRE AGREEMENT TO OWNER'S INSURANCE COMPANY AND PROVIDE HHH RANCH WITH THE COMPANY'S NAME, ADDRESS AND POLICY NUMBER. FAILURE TO DISCLOSE INSURANCE INFORMATION SHALL BE AT OWNER'S RISK.
Owner agrees to hold HHH Ranch harmless from any and all claims arising from damage or injury caused by Owner's horse to anyone, defend HHH Ranch from any such claims. Owner agrees to disclose any and all hazardous or dangerous propensities of the horse being boarded on the Owner's Information Sheet attached.
Owner understands and agrees that the minor children of the owners of HHH Ranch or other minor children may perform some services under this agreement and that they may (and most likely do) lack the experience or judgement of an adult.
17. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participation in these activities. The inherent risk 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 reactions to such things as sounds, sudden movements or unfamiliar objects, persons, or other animals; certain hazards such as surface and subsurface conditions; collision with other animals; the limited availability of emergency medical care; and the potential of participant to act in a negligent manner that may contribute to injury of participant or others such as failing to maintain control over the animal or not acting within such participant's ability.
18. Hold Harmless. Owner expressly releases HHH Ranch from any and all claims for personal injury and/ or property damage, even if caused by negligence by HHH Ranch or its representatives, agents or employees.
19. 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 written agreement. This contract is made and entered into in the State of Minnesota, and shall be enforced and interpreted in accordance with the laws of said state.
20. Enforceability of Agreement. 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.
by _________________________________________________
OWNER (or Authorized Agent)
OWNER'S PARENT OR GUARDIAN (if Owner is a minor)
Address: _________________________________________________________________________________
Telephone: ______________________(H) _______________________(W) _______________________(C)
by _________________________________________________
HHH Ranch Owner (or Authorized Agent)
HHH RANCH BOARDING AGREEMENT ADDENDUM
These additional terms or changes have been agreed upon by both parties of the attached boarding agreement:
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OWNER INFORMATION SHEET
Identifying Markings/Tattoos/etc.: _____________________________________________________________
Horse's Registered Name: ____________________________________________________________________
Horse's Registry Information: _________________________________________________________________
Employer: ________________________________________________________________________________
Employer's Address: _______________________________________________________________________
Other Emergency Contact information: _________________________________________________________
Disposition of the Horse (well mannered, alpha, cribbing, biting, kicking, etc.):
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Special Care/ Instructions (medicine, supplements, blankets, masks, etc.):
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MEDICAL INFORMATION:
Date of last vaccinations: ____________________________________________________________________
Ferrier Preference: _________________________________________________________________________
Veterinarian Preference: _____________________________________________________________________
HHH RANCH SHALL ASSUME THAT OWNER DESIRES SURGICAL CARE IF RECOMMENDED BY VETERINARIAN IN THE EVENT OF COLIC OR OTHER LIFE THREATENING ILLNESS, UNLESS OTHERWISE INSTRUCTED.
Owner(s) Initials: __________________ Page of