6. PAYMENT. Client agrees to pay Krichke Training Center for all board, training and services rendered, as well as all other costs and expenses incurred by Krichke Training Center to the Mare in accordance with the most current Krichke Training Center Fee Schedule. Client shall be responsible for all of the foregoing fees, costs and expenses from the arrival to departure of the Mare at Krichke Training Center. Client agrees to pay all such fees, costs and expenses before the Mare is released by Krichke Training Center to Client. Client agrees that Krichke Training Center shall be entitled to retain possession of the Mare until all such fees are paid in full.
7. CARE OF THE MARE. The Mare shall be cared for by such Krichke Training Center personnel or contractor as chosen by Krichke Training Center, in its sole judgment. Krichke Training Center may change the personnel or contractor caring for the Mare from time to time or at any time.
8. WARRANTY OF MARE’S HEALTH. The Client warrants that the Mare shall enter the Krichke Training Center premises free from transmissible diseases, and must be effectively wormed, and current on immunizations for this area. The following up-to-date documents must be presented to Krichke Training Center by Client prior to the entry of the Mare onto the premises: (a) Veterinarian Health Certificate, (b) Worming & Immunization Record and (c) Negative Coggins Test. Client authorizes Krichke Training Center to keep the Mare current on all deworming and vaccination programs.
9. FEED, FACILITIES, AND SERVICES. Krichke Training Center shall provide adequate feed and facilities for normal and reasonable care required to maintain the health and well-being of the Mare. Owner acknowledges that Owner has inspected the facilities and finds same in safe and acceptable order. Client is responsible for repairs and/or replacements of damaged equipment caused by the Mare.
10. FEES AND CHARGES FOR SERVICES PROVIDED. Unless otherwise advised or agreed upon, the current year’s Breeding Fee Schedule shall determine the fees charged by Krichke Training Center to the Client for the care and breeding of the Mare. Client shall pay for any and all fees and expenses incurred related to the care and breeding of the Mare as charged by third parties.
11. VETERINARY CARE. Orion Farms is authorized to maintain and provide vaccinations, Coggins test, foot care, and other veterinary needs, including emergency surgery at its discretion, at Client’s expense. Krichke Training Center is hereby appointed Client’s agent and authorized to take all actions and incur for Client all obligations necessary to maintain and provide all reasonable care for the Mare, including without limitation vaccination, worming, Coggins test, dentistry, lameness treatments, medical treatment for injury or illness, farrier care, regular breeding cultures, and other veterinary needs, including emergency surgery, at its discretion, at Client’s sole expense. Krichke Training Center will attempt to contact Client and/or its insurer before authorizing any non-routine or emergency care if the health of the Mare will not be compromised thereby. Krichke Training Center is specifically authorized (but is under no duty) to secure emergency veterinary or farrier care as Krichke Training Center, in Krichke Training Center’ discretion, deems necessary for the health and well-being of the Mare. All costs of such care secured shall be paid for by Client within ten (10) days from the date Client receives notice thereof, or Krichke Training Center is authorized, as Client’s agent, to arrange direct billing to Client. Krichke Training Center shall assume the Client desires surgical care if recommended by a veterinarian in the event of colic, or other life-threatening illness, unless otherwise instructed by the Client in writing.
12. BREEDING THE MARE. During the Mare’s first heat cycle after delivery to Krichke Training Center, Krichke Training Center has the option, at the Client’s sole expense, to have the Mare examined by a veterinarian and have a culture made to determine if the Mare is free from infection. If the veterinarian determines that the Mare is free from infection and otherwise sound for breeding, Krichke Training Center shall determine when the Mare should be bred to the Stallion and shall breed the Mare to the Stallion. The Client agrees and acknowledges that the breeding schedule and management of the breeding of the Mare to the Stallion shall be under the exclusive direction and discretion of Krichke Training Center. If Krichke Training Center or its veterinarians determine that the Mare is not sound or healthy for breeding, Krichke Training Center shall have no obligation to breed the Mare to the Stallion.
13. DEPARTURE OF MARE. Client agrees that all outstanding balances due to Krichke Training Center or any vendor that provided services to the Mare while at Krichke Training Center (such as veterinarians, farriers, etc.) will be paid in full prior to the Mare’s departure. The Client may remove the Mare at any time, provided: (a) the Client has given Krichke Training Center reasonable notice, defined as no less than 48 hours’ notice, of its intention to remove the Mare, and (b) the Client has paid all amounts due to Krichke Training Center on the date the Mare will be removed. Krichke Training Center retains the right to require payment of the final amount due be made by certified or wired funds. If any person other than Client will be picking up the Mare, Client shall provide to Krichke Training Center written authorization to release the Mare to a third party. Krichke Training Center shall have no obligation to release the Mare to any party other than client without such written authorization. Upon commencement to the loading of the Mare, by the Client or its authorized third-party, the Client assumes full responsibility and liability for the welfare of the Mare. Krichke Training Center reserves the right to require the Client to remove the Mare, upon reasonable notice, in the sole discretion of Krichke Training Center.
14. PAYMENT TERMS. All fees for the previous month will be due and payable by the tenth (10th) day of the following month. Interest at the rate of 1.5% per month, or the highest legal rate, whichever is the less, shall be charged and paid on all balances of Client unpaid for (30) days. If Client fails to pay any amount due hereunder for more that (30) days, Krichke Training Center may immediately accelerate all other amounts due under this Agreement and under any other agreement between Client and Krichke Training Center or its affiliates upon written notice to Client.
15. CREDIT CARD AUTHORIZATION. Krichke Training Center requires Client to have a valid credit card on file with Krichke Training Center. If some other form of payment is not received by Krichke Training Center by the tenth day of each month, Client hereby authorizes Krichke Training Center to charge the credit card on file for the amount due.
16. SECURITY INTEREST. In order to secure the payment and performance by Client of all of its obligations hereunder, Client hereby grants to Krichke Training Center security interest in the Mare, and any production or proceeds thereof (the “Collateral”). This security interest is in addition to any statutory lien rights that may arise from time to time in favor of Krichke Training Center. Client will, at Krichke Training Center’ request and at Clients expense, execute and deliver to Krichke Training Center any financing statements and other documents as Krichke Training Center may request in order to perfect its security interest in the Collateral or to exercise and enforce its rights hereunder with respect to the Collateral. By signing this Agreement, Client hereby appoints Krichke Training Center as Client’s attorney-in-fact to execute and record in the name of and on behalf of Client such additional financing statements and documents as Krichke Training Center may request for such purpose. The parties hereto agree that a photographic or other reproduction of this Agreement shall be sufficient as a financing statement and may be filed as such.
17. SALE COMMISSION. In the event Mare (or its breedings, foals, embryos or any other rights) is purchased, sold or leased while at Krichke Training Center, or within the ninety (90) days following leaving Krichke Training Center, Client shall pay Krichke Training Center a commission equal to 20% of the sale/lease price, regardless of whether the sale was achieved directly through Krichke Training Center’ efforts. Client understands and hold harmless Krichke Training Center when acting as a dual agent.
18. RIGHT OF LIEN. Client acknowledges that Krichke Training Center has a right of lien as set forth in the laws of the State of Arizona and/or the State of Washington, for the entire amount due for the board, training, showing and all other expenses related to the Mare, including expenses incurred by third parties while the Mare is at Krichke Training Center. Client also acknowledges that Krichke Training Center has the right to retain possession of the Mare and other property belonging to Client until the amount of said indebtedness is discharged or Krichke Training Center forecloses on the lien and may sell the Mare and property in accordance with applicable law to satisfy the debt owed to Krichke Training Center. The Client shall also be responsible to pay all costs of sale including legal fees incurred by Krichke Training Center. Krichke Training Center retains the right to demand that all indebtedness be paid in cash, cashier’s check, or money order.
19. LIMITATION OF LIABILITY. Client assumes all risks of loss and damages for any injury, sickness, disease, estray, theft or death of and to the Mare or any of Client’s horses/Client further agrees that no bailment is established with respect to the Mare and that in all actions. Except in the event of gross negligence or willful misconduct by Krichke Training Center, its owners, members, employees, agents, servants or representatives (collectively, the “Krichke Training Center Parties”), the Krichke Training Center Parties shall not be liable for any damages to Client, including but not limited to the sickness, disease, estray, theft, death or injury which may be suffered by the Mare (or any other property of the Client), or any other cause of action whatsoever arising out of or in any way connected with the Mare, including without limitation any personal injury or disability that Client, its agents, servants or employees may receive while on Krichke Training Center’ premises. Client understands Krichke Training Center does not provide any public liability, accidental injury, theft or equine insurance on the Mare, and that all risks connected with the Mare shall be borne solely by the Client.
Notwithstanding this Agreement and this Paragraph, to the extent Krichke Training Center has any liability to Client:
A. In no event shall Krichke Training Center’ liability for all causes of action arising under this Agreement exceed the amount of fees paid by the Client to Krichke Training Center for the Mare.
B. Client shall have burden of proof of establishing any claim, liability, damage, or loss.
C. All special, incidental and consequential damages, including but not limited to, lost income, revenue or profits, are hereby excluded, disclaimed and shall not be awarded or recovered by Client. In no event shall client’s remedies exceed the amount paid for the service complained
D. As a condition precedent to any legal action by Client, Client shall notify Krichke Training Center in writing at least thirty (30) days in advance of initiating any legal action against Krichke Training Center for any matter whatsoever. Within twenty (20) days of receiving such notice, Krichke Training Center shall be entitled to require that any such action be resolved by submission to binding arbitration before the American Arbitration Association (“AAA”), in accordance with the rules of the AAA, with such arbitration to take place in Maricopa County, Arizona. If Krichke Training Center elects binding arbitration, both Krichke Training Center and Client hereby waive a trial by jury or by a court, to the fullest extent allowed by laws.
20. INDEMNIFICATION. Client shall indemnify and hold the Krichke Training Center Parties harmless from and against: (a) any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities, at law or in equity, of every kind and nature whatsoever, known or unknown, arising out of or in any manor connected with any injury to any third person or persons or to the property of third person or persons caused by the Mare while they are in the care and custody of the Krichke Training Center Parties, and (b) any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind and nature whatsoever, known or unknown, arising out of or in any manner connected with any injury to the Mare while under the care and custody of the Krichke Training Center Parties.
21. TERMINATION AND WAIVER. This Agreement may be terminated by either Krichke Training Center or Client at any time upon thirty (30) days written notice to the other; provided that in the event of a default by one party, the other party may terminate at any time upon immediate written notice. Upon the termination of this Agreement, Client shall remove the Mare in the manner provided herein. The termination of this Agreement shall not terminate either party’s obligation to pay any fees, costs, expenses, and other already incurred pursuant to this Agreement.
22. ENTIRE AGREEMENT, AMENDMENT. 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 in the State of Arizona, and shall be enforced and interpreted in accordance with the laws of the State of Arizona. All amendments to this Agreement must be in writing, signed by Client and Krichke Training Center.
23. SUCCESSORS AND ASSIGNS. All rights of Krichke Training Center hereunder shall inure to the benefits of its successors and assigns, and all obligations of the Client shall be binding upon its successors and assigns. Client may not assign any rights or delegate any duties under this Agreement without the written consent of Krichke Training Center, which may be withheld at Krichke Training Center’ discretion. Krichke Training Center may assign any right or delegate any duties under this Agreement upon written notice to Client.
24. ENFORCEABILITY OF CONTRACT AND SEVERABILITY. 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.
25. APPLICABLE LAW, JURISDICTION, VENUE, ATTORNEY’S FEES, LIMITATIONS. This Agreement shall be construed and governed by the laws of the State of Arizona. Jurisdiction and venue for all disputes connected with this Agreement shall be proper in Maricopa County, Arizona. In the event a lawsuit or arbitration is brought with respect to enforcing this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred in such action. Notwithstanding anything herein to the contrary, any action, proceeding or arbitration brought by Client against Krichke Training Center must be filed with a court competent subject matter jurisdiction in Kalamazoo County, Michigan or the AAA (if Krichke Training Center so elects) no later than one hundred and twenty (120) days from the date of the claimed loss or be forever barred.
26. EXECUTION. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. A facsimile, email and/or electronic signature shall be considered as valid as an original for purposes of this Agreement.
WARNING:
UNDER MICHIGAN LAW (M.C.L. § 691.1661, et seq), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR ANY INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. OWNER SPECIFICALLY ACKNOWLEDGES THAT HE/SHE/IT IS AWARE OF THE INHERENT RISKS ASSOCIATED WITH EQUIINE ACTIVITIES, AND IS WILLING AND ABLE TO ACCEPT FULL RESPONSIBILITY FOR HIS/HER/ITS OWN SAFETY AND WELFARE, AND THEREFORE RELEASES THE STABLE (AND ANY OF ITS AGENTS) FROM ANY LIABLITY, EXCEPT ON THE GROSS NEGLIGENCE OR WILFUL, WANTON OR INTENTIONAL ACTS OR OMISSIONS OF THE STABLE.