- Amount: Monthly rates are as follows: (1) $400 per month per horse September - March and $570 per month April - August (January 31 prepayment) or $600 per month May- August post January 31 payment; (2) $100 per month per hay space; and (3) $350 per month per tack room. Annual members as per current club fees. The full amount of fees (specified above) for the term of the stabling specified above ("Term") are due in full prior to Boarder using any stable, stall. tack room. or hay space. Club may change these fees at any time by giving Boarder no less than 30 days written notice. The Boarder is personally responsible for all payments and charges set forth in this Agreement even if the Club has in the past accepted, or in the future accepts, payments from any other person. Boarder authorizes Club to use the credit card above to pay for any and all amounts that are due or that become due under this Agreement, including any charges or interest incurred under this Agreement. Should the boarder stable additional horses/ tack on property that are not noted on this specific agreement, the boarder is still responsible for all charges related to those horses and/ or tack and hay spaces.
- Late Fees and Interest: Any and all payments required under this Agreement not received by the 5th day of the month shall be assessed a late fee of $25. Any and all amounts that are not paid when due shall incur interest at the rate of 10% per annum.
- Term: The Term of this Agreement is specified above. If the Term is month to month then a payment of first month's charges is required due on the 1st day of the month or upon arrival of horse (s If the Term is month to month, or otherwise becomes month to month, then this Agreement may be terminated by either party after thirty days notice in writing.
- Membership: Boarders must be active dues paid members, anyone not having a league orannual membership must purchase an annual Riding Membership, this amount to be determined by the SBPRC Management.
- Stabling and Tack Storage Only: This Agreement is only for provision by Club to Boarder of horse stalls and any hay space or tack rooms specified above. No items other than horses may be kept or stored in the stalls and no items other than horse equipment and tack may be stored in tackrooms. Personal and Perishable items are prohibited. Storage of all other items must be solely in the tack rooms. Horse trailers may be stored on site but the storage of personal vehicles, car haulers, and miscellaneous equipment is prohibited. No feed. hay. tack, deworming, vaccinating, shoeing, or any services whatsoever other than provision of stalls, hay space or tack rooms are included in this Agreement. Any other items or services shall be provided by the Boarder and not by the Club. and at the Boarder's sole cost and expense.
- Horses. Club reserves the right to notify Boarder if any horse, in the Club's opinion, is deemed to be dangerous or undesirable. In such case, Boarder shall be solely responsible for removing the horse within 7 days and this Agreement shall be deemed terminated and concluded upon payment of all fees. Club has the right to transport any deceased horse off of the Club's property and Boarder shall pay for all costs associated with such transport. Boarder agrees to leave an emergency phone number either on the stall door or with the stable office.
- Facilities. Boarder acknowledges Boarder has inspected the facilities and finds them in safe, clean, and proper order. Facilities are rented in "as is" condition. Boarder agrees to regularly maintain Boarder's stabling areas in good condition and ensure all stalls, tack and hay rooms, are cleaned when horses leave the Club when the Term expires or this Agreement is terminated, whichever is earlier. Stalls that are left dirty upon departure will be charged $50/ stall billed to the boarder's credit card.
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Liability Insurance. Boarder 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 Boarder and Club from any and all claims arising out of or relating to this Agreement.
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Vaccinations. Upon arrival of any horse to Club facilities 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 as well.
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Risk of Loss. Neither Club nor its employees shall be liable for any sickness, disease, theft, death or injury which may be suffered by any horse. This includes, but is not limited to, any personal injury or disability any horse may receive while on Club's property. Boarder fully understands and hereby acknowledges that Club does not carry any insurance on any horses not owned by Club, including, but not limited to, such insurance for boarding or any other purposes, for which a horse is/are covered under any public liability. accidental injury, theft or equine mortality insurance. and that all risks relating to boarding of any horse, or for any other reason, for which any horse is in the possession of Boarder, are to be borne by Boarder. Neither Club nor its employees shall be liable for any loss of useof equipment. tack and supplies stored in tackrooms and hay spaces due to theft, weather damage, the actions of other boarders or members, electricity shut off, fire, water or any other unforeseen circumstances and acts of God.
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Hold Harmless. Boarder agrees to hold Club and the Santa Barbara Polo Club, a California nonprofit corporation ("SBPC") and Club's and SBPC's employees. members. agents, representatives, contractors, other boards, managers. directors, trustees, and officers harmless from any and all claims arising from damage or injury caused by or to said horse, by or to Boarder or his guests, employees. or invitees, or to anyone. including but not limited to legal fees and/or expenses incurred in defense of such claims.
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Limitation of Actions and Damages. Any action or claim brought by Boarder against Club for breach of this Agreement or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs, In no event shall Club be held liable to Boarder for equine death or injury in an amount in excess of $2,000 (two-thousand dollars).
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Right of Lien. The Boarder is put on notice that Club has a right of lien as set forth in the laws of the State of California, for the amount due for the board and keep of such horse(s), and also for storage and services, and shall have the right, without process of law, to retain said horse(s) until the amount of said indebtedness is discharged. Boarder further agrees Club shall have the right, without process of law, to attach a lien to your horse(s) after 2 months of non-payment or partial payment and Club can then sell horse(s)to recover its loss.
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Club Rules. Boarder hereby acknowledges receipt and understanding of the current Santa Barbara Polo & Racquet Club Rules and Regulations, including the 2019 Dog rules, which are incorporated herein by reference (including the Barn and Track Rules described therein as if fully set forth herein. Boarder further agrees to be bound by any and all future rules and regulations of the Club as they are posted or circulated, including this Agreement. Boarder agrees he/she and his/her guests, invitees, and employees will be bound and abide by these rules, and accepts responsibility for the conduct of his guests and invitees according to these rules. Boarder also acknowledges and agrees to the following:
i. Stabling, tack room, hay space and trailer parking assignments are at the discretion of the Club's Polo Manager and subject to change. Therefore, the particular locations assigned to Boarder or Pro may be reassigned and changed by the Club at its discretion.
ii. Anyone riding at the Club must sign a waiver before getting on a horse or handling a horse from the ground. I have, or upon signing this Agreement will, sign such release and waiver. I agree to indemnify and defend the Club and the Santa Barbara Polo Club. a California nonprofit corporation ("SBPC") and Club's and SBPC's employees, members, agents, representatives, contractors, managers, directors, trustees, and officers and Club property owners against any claims or causes of action for injury. death, losses and/or damages by any other person who rides or is injured by any horse stabled under this Agreement. even if the Club is claimed to be negligent in connection with causation of such injury, death, loss or damage.
iii. The Club, its employees, managers. contractors and representatives are not responsible for any lameness, injury, illness, loss of use, or loss of life for any horse stabled on site, and is not responsible for any hay, tack, horse equipment stored on site by boarders or vehicles parked on property while boarder is accessing the property. Boarder assumes full and complete responsibility for the condition and health of any horse stabled under this Agreement. All horses stabled must be properly cared for and treated humanely by the Patron.
iv. All dogs must be tied up on a leash at ALL times. See 2019 Dog rules for complete regulations on Dogs.
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Miscellaneous. This Agreement may not be assigned or transferred without the express written consent of Club. Acceptance by Club of payment with knowledge of any default hereunder shall not constitute Club's waiver of any of Club's rights. Acceptance of late payment shall not constitute a waiver of subsequent due dates or determinations of default. No failure or delay by Club in exercising any right shall be deemed a waiver of any right. No waiver by Club shall be effective unless in writing. and no waiver by Club of any default shall be deemed a waiver of any continuing or subsequent default. This Agreement represents the entire agreement between the parties. No other agreements, promises, or representations, verbal or implied, are included herein unless specifically stated in this Agreement. This Agreement is made and entered into in the State of California, and shall be enforced and interpreted in accordance with the laws of said State. In the event one or more parts of this Agreement are found to be unenforceable or illegal, the other portions hereof shall be deemed in full force and effect. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement. the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attomey's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. This is a license agreement and is not a lease or hiring of real property.
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This agreement automatically rolls over annually unless severed by either party.