This Pasture Agreement (this “Agreement”), is made and entered into to be effective as of this {effectiveDate} (the “Effective Date”), by and between {ownerName}, with a principal mailing address of {ownerAddress} (together with his/her/their/its agents, employees, licensees and invitees collectively the “Owner”), and Melody Ranch Investments I LLC, a Wyoming limited liability company, d/b/a the “Melody Hereford Ranch”, with a principal mailing address of PO Box 949, Jackson, Wyoming 83001-0949 (collectively the “Provider”), in accordance with the following:
WITNESSETH:
WHEREAS, Provider is the owner and operator of certain real property commonly described as 5300 S. Ricks Road, Jackson, Teton County, Wyoming, together with all improvements, roadways, fixtures, fencing, and vegetation located thereon (collectively the "Property");
WHEREAS, Provider has leased portions of the Property, on a non-exclusive basis, to the Jackson Hole Polo Club, a Wyoming non-profit corporation (for purposes hereof the “Polo Club”), for purposes of allowing various equestrian and polo activities;
WHEREAS, Provider has space available for the pasturing of horses owned by those members in good standing with the Polo Club;
WHEREAS, Owner is a member in good standing with the Polo Club and wishes to pasture {numberOf} horses (collectively for purposes hereof the “Horses”), at the Property; and
WHEREAS, Provider and Owner (each a “party” and collectively the “parties”), wish to enter into this Agreement for purposes of allowing Owner to pasture the Horses at the Property during the Term hereof.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, undertakings and benefits to the parties, the parties agree as follows:
- Pasturing of Horses. Provider hereby allows Owner to pasture the Horses at the Property during the Term hereof, so long as Owner complies with all of the terms and provisions required of Owner hereunder. Provider will provide hay, grown upon the Property or acquired from other certified “weed free” growers, for purposes of allowing Owner to supplement the feed of Owner’s Horses, whenever the standing forage is insufficient for these purposes.
- Term. The period of pasturing shall extend from the {termStart}, to {date115}, unless longer extended or earlier terminated in accordance with the provisions hereof (the “Term”).
- Pasture Fee. Owner covenants and agrees to pay to Provider, in good and negotiable US currency, the monthly sum of ${totalFee} which is ${monthlyFee} per individual Horse pastured at the Property for all or any portion of a calendar month during the Term. Any delinquent amounts shall accrue interest at twelve percent (12%) per annum and Owner shall be responsible for all costs of collection including reasonable attorney’s fees.
- Owner’s Covenants. As a condition precedent to Owner’s delivery of the Horses to the Property, and Owner’s continued maintenance of the Horses at or upon the Property, Owner covenants to Provider as follows:
- All of the Horses will be healthy, with current vaccinations and current health certificates, including Coggins paperwork, and free of any sickness, illness and/or communicable diseases prior to their arrival at the Property and throughout their pasturing at the Property;
- Owner shall be responsible for monitoring the Horses feed and water, and when necessary providing supplemental hay provided by Provider for these purposes;
- Owner shall not allow or permit hay, other than that provided by Provider, to be brought upon the Property to ensure that noxious and other weeds are not introduced to the Property;
- Owner shall be responsible for and shall pay all veterinary charges associated with the care and maintenance of the Horses, and in these regards Owner does not expect that Provider will, and Provider does not offer to, to provide for the care and maintenance of the Horses;
- Owner shall maintain such policies of insurance as Owner deems prudent with respect to any loss suffered by Owner from the sickness, injury and/or death of its Horses;
- In the event one or more of the Horses shall die, it shall be Owner’s responsibility to remove or cause to be removed such Horse immediately upon notification thereof and upon failure thereof within a reasonable period of time (deemed to be not in excess of twenty-four (24) hours), Provider may dispose of such dead Horse as Provider deems appropriate and charge Owner for all costs thereof; and
- Provider shall not be responsible for any loss arising from the restive nature or vice of the Horses or any other horses maintained at the Property, nor for any sickness, illness and/or death as a result thereof of any of the Horses;
- Assumption of Risk & Release of Liability. By executing this Agreement, Owner voluntarily intends to waive in advance any and all claims that Owner might or may have against any of the Released Parties (as defined below) for any damage, injury, illness or death to any one or more of Owner’s Horses while on the Property.
- Owner understands that there are certain risks, including inherent risks, arising out of the presence of my horses on the Property, including, but not limited to:
- Improperly designed, constructed, or maintained pastures, fields, fences, gaits, roads, trails, and structures of both a permanent and temporary nature
- Defective condition of the Property and/or any fences, gaits, trails, road, and structures
- Exposure or being subject to severe weather, fire, smoke, intense sun, lightning, altitude sickness, water parasites, exhaustion, and/or extreme temperatures
- Airborne, waterborne and other transmissible viral, bacterial and similar illnesses
- Complication arising from poor communication services to and from the Property and delayed response time from emergency providers
- The presence and proclivities of other horses maintained at the Property
- The presence of wild and domestic animals, inclusive of bears, cougars, wolves, coyotes, dogs, and others
- The presence and use of aircraft, automobiles, farm machinery and other modes of transportation
- Negligent or criminal conduct of other individuals on Property
- Negligent conduct of the Released Parties
- Owner understands that all dangerous conditions and inherent risks related to the presence of the Horses on the Property cannot be listed and that the above list is not meant to be an exhaustive list of all such dangerous conditions or inherent risks that the Horses may encounter while on the Property. Owner understands that by bringing the Horses to the Property, Owner is assuming the risk that the above-listed or other events may occur, which could result in severe injury, illness and/or death to any one or more of the Horses. Owner is not relying on any statements or representations by any of the Released Parties in deciding to maintain the Horses upon the Property.
- By executing this Irrevocable Release and Waiver of Liability, Owner is forever releasing Provider and the Polo Club, together with each of their owners, members, directors, officers, employees, agents, successors and assigns, and together with their respective entities which are affiliated with them, owned by them, or otherwise operated by them, as may be the case (collectively the “Released Parties”) for and from any liability and damages of any kind arising out of Owner’s maintenance of the Horses upon the Property, including, but not limited to, the potential serious injury, illness and/or death of any one or more of the Horses. Owner, for Owner’s own self, Owner’s heirs, successors, executors and assigns, hereby KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES AND RELEASES, INDEMNIFIES AND HOLDS HARMLESS each of the Released Parties from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any death, damage, loss, illness and/or injury to any one or more of Owner’s Horses as a result of their presence on the Property, even if such damage, loss, injury and/or death results from the acts, omissions or negligence (including gross negligence) of any of the Released Parties or from some other cause. Owner agrees that neither Owner, nor anyone acting on Owner’s behalf, will make a claim against, sue or otherwise maintain an action of any kind against any of the Released Parties as a result of any injury, loss or damage suffered by Owner, including the potential injury, illness and/or death of any one or more of Owner’s Horses. Owner acknowledges that Owner’s decision to maintain the Horses at the Property is Owner’s decision alone and Owner is solely responsible for the Horses while they are being maintained at the Property. In deciding to maintain the Horses on the Property, Owner is not relying upon any statement or information provided by any of the Released Parties.
- Governing Law. Any action, claim or dispute associated with this Pasture Agreement shall be governed under applicable Wyoming laws and shall be brought and maintained in the Courts of Teton County, Wyoming.
- Entire Agreement. This Agreement contains all of the representations of the parties hereto and no additional agreements or warranties of any kind not specifically set forth herein shall be binding upon the parties unless set forth in writing signed by the party to be charged.
- Parties. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors in interest, heirs or assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands to be effective as of the Effective Date.