THE BEST STABLE
111 Main Street
Anywhere, TX 78888
BOARDING CONTRACT
Boarder’s Information:
Name: ____________________________________
Address: ________________________________________
Email: ________________________
City: ___________________________ State: ___________ Zip:
________________
Home Phone: ____________________ Work Phone: ___________________
Cell Phone: ____________________
This Contract Covers the Horse Described as Follows:
Horse's Name: _______________________________
Breed: _______________________________________ Is Horse Registered? Y N
Registration Organization: _____________ Registration #: ________________
Age: _____ Height: __________ Sex: __________ Color:
___________________________
Markings: ______________________________________________________________________________
Is Horse Insured? Y N Insured Value: _____________
Insurance Company: ______________________________
Policy # _________
Insurance Company’s Emergency Phone Number: ___________________________
(Please provide a copy of your horse’s insurance policy)
Boarder warrants that s/he owns said horse and will provide a copy of
ownership and/or current lease documentation detailing the complete nature of
lessee’s authority and responsibility for horse.
1. Services Rendered
a. In exchange for the
monthly boarding fee - $350.00, The Best Stable will provide the
following:
i.
One box stall, one feed tub, one or two water buckets depending on the horse’s
specific water consumption needs, and an appropriate amount of clean bedding.
Stalls are cleaned daily.
ii. Up to five pounds of
grain and unlimited hay each day will be provided. Lunch will be provided daily
when the horse is stalled during lunch time. Special feeds, medications, and/or supplements
will be administered It is the owner’s responsibility to provide all
supplements and medications for their horse.
iii.
Owner supplied grain/hay will be considered on a case-by-case basis only. The
Best Stable will supply a variety of feedstuffs that should meet the needs of
most horses.
iv. Continuous access to
clean water both in the stall and pasture.
v. Access to a salt in
pastures and stall.
vi. Paste deworming according to The Best Stable's eight-week
rotational deworming schedule will be provided for
all horses stabled at no additional cost, including horses that are already on
a daily dewormer provided by Boarder.
vii. Daily turnout according to the following schedule:
1. Horses will be turned
out daily – weather permitting.
2. Horses will be stalled
during harsh weather conditions such as: storms, high winds, or when the ground
condition is potentially dangerous (i.e. icy, muddy, etc.).
3. Horses can remain
stalled at the owner’s request. If horses remain stalled for non-medical
reasons, an additional stall cleaning charge will apply.
viii. Boarder has use of
the outdoor arena. Please avoid using
the arena if the ground is wet.
ix. Hosing the horse off
after exercise is permitted. Please be
conservative with water usage.
2. Veterinary and Farrier Care
a. All Boarders must
provide the name and contact information of the veterinarian and farrier that they wish to use for the routine and emergency
care of their horse.
Veterinarian Name:
__________________________________________
Telephone Numbers:
_________________________________________
b. The Best Stable uses
Healthy Horse Equine Clinic (HHEC) as their farm veterinarian.
c. Boarder can choose to
participate in the Equine Health Care Program which includes all required
vaccinations and yearly Coggins test administered by
(HHEC) at the Boarder’s expense paid annually.
d. Boarder agrees and
recognizes it is their responsibility to have the horse trimmed and/or shod on
a regular basis.
Farrier
Name: _____________________________________
Telephone Numbers:
________________________________
3. Emergency Care
a. In the event of an
injury or illness, The Best Stable agrees to attempt to contact Boarder should
they believe that medical treatment is needed for Boarder’s horse. If the Boarder
cannot be reached, Boarder authorizes The Best Stable to provide and/or secure
emergency veterinary and/or farrier care required for
the health and well being of Boarder’s horse.
b. Boarder agrees to hold
The Best Stable harmless from any and all claims for damage or injury to the
horse or any person or other property arising from the provision of such
emergency care under all circumstances.
c. The Best Stable will
first contact the Boarder’s primary veterinarian; if they cannot be contacted,
or cannot respond in a timely manner, then the Boarder consents to treatment by
HHEC.
d. Due to liability
issues, The Best Stable will not administer injections to any boarded horse
with the possible exception of a dire emergency when veterinary help is not available
and with the Boarder’s verbal consent. In the case of a dire emergency with the
Boarder’s verbal consent, Boarder agrees to hold The Best Stable harmless of
any resulting problems and/or complications under all circumstances.
e. If an illness or
injury suffered by the horse is so serious that it requires referral to a
specialist or hospital:
Boarder hereby authorizes
the attending veterinarian to refer such horse(s) for such specialty care to
the equine hospital or clinic for more intense treatment.
Boarder imposes a
$___________ limit on such specialty care before Boarder must be contacted to
proceed with further veterinary care.
If Boarder chooses to deny all
specialty care for their horses, Boarder must initial here: _______
f. UNLESS OTHERWISE
INDICATED ABOVE, THE BEST STABLE SHALL ASSUME THAT BOARDER DESIRES SURGICAL
CARE IF RECOMMENDED BY A VETERINARIAN IN THE EVENT OF COLIC, OR OTHER
LIFE-THREATENING ILLNESS, UNLESS THE BEST STABLE IS INSTRUCTED BY BOARDER THAT
THE HORSE IS NOT A SURGICAL CANDIDATE.
g.
BOARDER SPECIFICALLY AUTHORIZES
HUMANE DESTRUCTION OF THE HORSE IF, IN
THE OPINION OF THE ATTENDING VETERINARIAN, SUCH HUMANE DESTRUCTION IS
NECESSARY AND UNAVOIDABLE, AND BOARDER OR BOARDER’S DESIGNATED AGENT CANNOT BE
REACHED WITHOUT UNNECESSARILY PROLONGING THE HORSE’S SUFFERING.
If Boarder chooses to deny
humane destruction in the event that Boarder or their agent cannot be reached,
Boarder must initial here: _______
h. Prior to any period
during which Boarder will be unavailable, Boarder shall notify The Best Stable as
to what party is authorized to make decisions in the Boarder’s place with
regard to the health, well-being, and/or medical treatment of the horse.
i.
Charges incurred from veterinary expenses are the sole and exclusive
responsibility of the Boarder, and should be paid directly to the veterinarian.
The Best Stable is authorized, as Boarder’s agent, to arrange direct billing to
Boarder for all costs of emergency veterinary care.
4. Risk of Loss
a. The Best Stable, its
agents and/or employees, shall not be liable for the accident, injury, disease,
theft, or death of any horse while in its custody or any other cause of action
whatsoever arising out of, or connected in any way, with the boarding of the
horse. This includes, but is not limited to, any personal injury or disability
the horse may receive while on The Best Stable’s premises.
b. Any and all insurance
coverage for boarded horses including, but not limited to, any personal
liability, accidental injury, theft, or equine mortality insurance, or for any
other reason for which the horse is in the possession on the premises of The
Best Stable, is to be borne by the Boarder at Boarder’s sole expense.
c. If Boarder desires
insurance coverage on Boarder, Boarder’s horse, and/or Boarder’s personal
property, it is their responsibility to acquire and carry their own insurance
policy.
d. IN NO EVENT SHALL THE
BEST STABLE BE HELD LIABLE TO BOARDER FOR EQUINE DEATH OR INJURY IN AN AMOUNT
IN EXCESS OF TWO THOUSAND DOLLARS ($2,000) PER ANIMAL. BOARDER AGREES TO OBTAIN
EQUINE INSURANCE FOR ANY ANIMAL(S) VALUED IN EXCESS OF TWO THOUSAND DOLLARS
($2,000), AT BOARDER’S EXPENSE, OR FORGO ANY CLAIM FOR AMOUNTS IN EXCESS OF TWO
THOUSAND DOLLARS ($2,000). BOARDER AGREES TO DISCLOSE THIS ENTIRE AGREEMENT TO
BOARDER’S INSURANCE COMPANY. FAILURE TO DISCLOSE INSURANCE INFORMATION SHALL BE
AT BOARDER’S RISK.
5. Hold Harmless/Release
a. Boarder hereby
acknowledges and understands that under the Texas Equine Liability Act (Section
One, Title Four, Chapter 87) thereof provides that an equine activity sponsor,
equine activity participant, equine professional, veterinarian, farrier, or other person is not liable in damages in a tort
or other civil action for harm that an equine activity participant allegedly
sustains during an equine activity and that results from an inherent risk of an
equine activity. Further, an equine activity participant or the personal
representative of an equine activity participant does not have a claim or cause
of action upon which a recovery of damages may be based against, and may not
recover damages in a tort or other civil action against, an equine activity
sponsor, another equine activity participant, an equine professional, a
veterinarian, a farrier, or another person for harm
that the equine activity participant allegedly sustained during an equine
activity and that resulted from an inherent risk of an equine activity.
b. Further, Boarder
acknowledges and understands that the following are inherent risks of an equine
activity and that the following are the subject of this waiver of tort or other
civil liability:
i.
The propensity of an equine to behave in ways that may result in injury, death,
or loss to persons on or around the equine;
ii. The unpredictability
of an equine’s reaction to sounds, sudden movement, unfamiliar objects,
persons, or other animals;
iii. Hazards, including,
but not limited to, surface or subsurface conditions;
iv. A collision with
another equine, another animal, a person, or an object;
v. The potential of an
equine activity participant to act in a negligent manner that may contribute to
injury, death, or loss to the person of the participant or to other persons,
including, but not limited to, failing to maintain control over an equine or
failing to act within the ability of the participant.
c. In the event that the
horse causes any property damage or personal injury while boarded at The Best
Stable, the Boarder agrees to hold The Best Stable harmless from any and all liability,
which may occur as a consequence, and agrees to pay for any and all damages to The
Best Stable property.
d. Boarder holds harmless
The Best Stable, and its agents, employees, and representatives from any and
all losses or damages to him/her self, family members, friends, and associates
resulting from the boarding of his/her horses at The Best Stable.
e. Boarder acknowledges
that unpredictability of horses poses a danger to children, and other people
who are not used to being around horses. Children under the age of twelve (12)
must be supervised at all times and in the custody and control of their
parent/guardian. Boarder is solely responsible for all actions and consequences
caused by their invited guests, visitors and children.
f. Boarder acknowledges
that dogs are strictly prohibited anywhere on The Best Stable property. This is
for the safety and well being of everyone, horses, dogs, barn cats, other farm
animals, and people.
g. Boarder also
acknowledges and understands that The Best Stable may provide a horse and
equipment for Boarder’s use. If so, Boarder hereby accepts
any such horse and/or equipment “as is” and with all faults. In
addition, Boarder acknowledges and understands that Boarder may be riding
horses off of The Best Stable's property and that The Best Stable shall not be
responsible for conditions off of The Best Stable's property.
6. Payment of Board
a. The Best Stable offers
Full Care Board at a rate of $350.00 per month.
i. Standard Full Care Board
includes rental of a safe stall cleaned daily, access to clean water both in
the stall and in the field, morning and evening feedings and lunch when stalled
during lunch time, turnout, application of protective boots for turnout (if
desired), blanketing, paste dewormer at eight-week
intervals, use of riding facilities.
b. All board payments are
due in full the first of each month.
c. Payments not received
by the seventh calendar day of the month will be subject to a $35 late fee. An
additional $35 late fee will be charged for each additional week that the
payment is late.
d. Board rates are
subject to change. The Best Stable will provide at least thirty (30) days
written notice of all rate changes. Boarder is required to pay the current
board rates, not just the rate specified by this signed contract.
e. The Best Stable will
only accept board payments from the Boarder of the horse. For example, if the
horse is leased to someone else in part or whole, it is still the
responsibility of the Boarder to pay for the board in full.
BOARDER ACKNOWLEDGES AND AGREES THAT REGARDLESS OF ANY AGREEMENT WITH
ANY OTHER PERSON OR PERSONS, BOARDER WILL REMAIN RESPONSIBLE FOR PAYMENT OF ANY
CHARGES OR FEES BY THE BEST STABLE IN CONNECTION WITH THIS AGREEMENT.
f. Boarder hereby acknowledges
in the event of nonpayment, the horse will be held as collateral, continuing to
incur board and care charges for 60 days from the date determined to be
delinquent. If at the end of 60 days, restitution has not been made, The Best
Stable has the Boarder’s permission to sell or otherwise dispose of the horse.
Boarder agrees to pay all expenses of such sale or disposal.
g. In the event The Best
Stable exercises The Best Stable lien rights 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 The Best Stable’s representatives setting forth the material
facts of the default and foreclosure as well as The Best Stable compliance with
foreclosure procedures as required by law.
h. In the event
collection of this account is turned over to an attorney to assist in the
collection of any sum owed, the Boarder agrees to pay all attorney fees,
litigation expenses, court costs, and any other related expenses for which a
minimum charge of two hundred fifty ($250) dollars will be assessed.
7. Termination of Boarding
Contract
a. This contract shall
remain in force until it is terminated by either party upon one month’s written
notice. However, if The Best Stable deems any horse dangerous or undesirable,
at The Best Stable’s sole discretion, Boarder shall remove
any such horse at Boarder’s expense immediately upon notification of such
condition.
b. The terms and
provisions contained in this contract shall apply until the horse leaves the
care of The Best Stable.
c. Boarder agrees to
promptly remove any and all horses and personal properties upon the conclusion
of this contract.
e. The Best Stable reserves
the right to terminate Boarder’s contract on the basis of negligence, abuse,
behavior unbecoming, etc. that causes undue harm, pain, or other negative
consequences to horses, The Best Stable’s clients and/or staff.
This contract constitutes
the complete and final agreement of the parties, and all prior agreements and
representations are merged herein. This Agreement cannot be assigned by the
Boarder without the expressed written consent of The Best Stable.
Signatures below indicate
the acceptance and compliance of the terms and conditions of this boarding
contract and represents the full and final boarding contract between the
parties. The Boarder acknowledges that he/she has examined the premises and
his/her signature below acknowledges that the premises are in good and
satisfactory order and repair.
This Agreement shall be binding upon Boarder, its successors, assigns,
guess and invitees and upon The Best Stable, its successors and assigns.
Executed
at Bulverde, Texas this _________ day of ______________, ______.
Boarder’s Signature
______________________________________________________________
Boarder’s Printed Name
______________________________________________________________
The Best Stable
Signed By: _______________________________
Horse taken into care of The Best Stable on:
____________________________