THIS AGREEMENT is made this
between
SMALLWOOD HORSES (hereinafter referred to as the “Facility”)
(hereinafter referred to as the “OWNER”),
whose address is
.
W I T N E S S E T H:
For and in consideration of the mutual covenants contained herein, the parties agree as follows:
1. The Facility located at 1027 Road 8, Powell, Wyoming 82435, shall provide boarding service for each horse described below for the sum of four hundred fifty($450.00) per head, per month, payable on the 1st of every month, all board must be paid in full before the pickup date of boarded animal at the Facility’s above address.
Horse to be boarded: horse listed below, The OWNER certifies to the Facility that she/he is the sole owner of the Horse and that she/he has full and complete power and authority to enter into this Agreement for the boarding of Horse.
DESCRIPTION OF HORSE(S)
Name: *
Age:
Color:
Registration/Tattoo:
Sex:
Breed:
Body score on drop off date:
Insurance Carrier, Policy and phone number if applicable):
2. Smallwood Horses agrees to provide the following, in addition to normal and reasonable care and handling to maintain the health and well being of the horse (
3. All horses shall be required to wormed prior to arrival.
4. OWNER shall designate a veterinarian and farrier for the routine care of OWNER’s Horse. OWNER shall be responsible for arranging for the veterinary care and farrier care of the Horse. Provided, however, in the event of an emergency due to injury or illness, should OWNER not be immediately available, the Facility may call the Facility’s designated veterinarian to treat the Horse. OWNER agrees to promptly pay the costs and fees charged by the Facility’s designated veterinarian should it be necessary for the Facility to call the Facility’s designated veterinarian. Attempts to contact the OWNER will be made by the Facility in the event of the injury or illness of the Horse; however, not at the cost of suffering to the Horse.
In the event Horse dies at the Facility, the OWNER is responsible for removal within 24 hours of the death, at OWNER’s expense. The Facility will charge OWNER a fee for removal if removal does not occur within 24 hours of the Horse’s death.
5. The OWNER shall provide proof of the following vaccinations: Tetanus, West Nile, & Potomac Fever prior to the Horse’s arrival at the Facility, together with any other vaccinations recommended by Facility’s veterinarians: a negative Coggins test is required
6. During the time the Horse is in the custody of the Facility, the Facility shall not be liable for any sickness, disease, theft, death or injury which may be suffered by the Horse. This includes, but is not limited to, any personal injury or disability the Horse may receive while at Facility’s premises. The OWNER fully understands and hereby acknowledges that the Facility does not carry any insurance on any horse not owned by the Facility. All risks related to the boarding of Horse, or for any other reason, for which the Horse is in the possession of the Facility, is to be borne by the OWNER. The OWNER shall be responsible for obtaining insurance on the Horse for mortality and loss of use should the OWNER desire such coverage. The OWNER shall also be responsible for obtaining insurance on OWNER’s personal property located at the Facility.
7. OWNER agrees to hold the Facility harmless from and against any and all claims, costs and expenses, including, but not limited to attorney’s fees, resulting or arising from damage or injury caused by the Horse, OWNER, his guests, invitees, and subcontractors.
8. This Agreement may not be assigned in whole or in part by OWNER without the express prior written consent of the Facility.
9. The Facility has under the laws of the State of Wyoming, and may assert and exercise, the Facility’s right to a lien in the event of non-payment of any sums due to the Facility by OWNER. No horse shall be released without payment in full.
10. The Facility shall have the right to post in a conspicuous place in the stables such rules and regulations as the Facility shall deem to be appropriate. OWNER hereby acknowledges receipt and understanding of the current Smallwood Horses, Rules, which are incorporated by reference in full, as if fully set forth herein. OWNER agrees he/she and his/her guests and invitees will be bound and abide by these Rules, and accepts responsibility for the conduct of his/her guests and invitees according to these Rules. OWNER acknowledges the Rules include but are not limited to:
1.dogs allowed but must remain under control at all times.
2. Your invited to visit your horse at any time (no need to call ahead), however if you wish to participate in your horses' procedures or training, please contact us head so we schedule accordingly
3. We ask kindly that you do not video or photograph anyone else’s horses without owner permission
4. Children welcome, with supervision
5. DO NOT give treats, feed, etc to any animals without permission from Smallwood Horses staff
Smallwood Horses may revise these Rules from time to time and OWNER agrees any revision shall have the same force and effect as current Rules. Failure, as determined in Smallwood Horses sole discretion, of OWNER or OWNER’s guests and invitees to abide by Smallwood Horses Rules may result in Smallwood Horses declaring OWNER in default hereunder and result in termination of this AGREEMENT . The OWNER agrees to abide by all such rules and regulations as may be posted from time to time. OWNER’s invitees, guests and agents shall also be required to abide by all rules and regulations.
12. This Agreement may continue in effect until terminated by either the Facility or the OWNER, as follows:
(a) The OWNER may terminate this Agreement at any time by written notice to the Facility delivered two days (2) days prior to the effective date of termination. Unless otherwise specifically agreed in writing by the Facility, the daily board shall not be prorated.
(b) The Facility may terminate this Agreement at any time for OWNER’s failure to pay fees and charges under this Agreement when they are due, or for any other cause. The Facility may also terminate the Agreement without cause upon two (2) days written notice delivered to OWNER in advance of the termination date.
(c) In the event that OWNER fails to pay any fees or charges when due under this Agreement, or if the OWNER fails to remove the Horse from the Facility’s facilities upon termination of this Agreement, and the Facility retains an attorney to collect funds due, or to force the removal of the Horse from the Facility’s facilities, OWNER shall be responsible for and pay to the Facility all costs and expenses the Facility incurs for attorney’s fees, court costs, and other expenses.
(d) The OWNER as a material provision of this Agreement to execute and deliver to Facility upon the execution of this Agreement, the following document required by the Facility: Acknowledgment and Assumption of Risks and Waiver and Release Agreement. The OWNER’s revocation of the foregoing document at any time shall constitute cause for which the Facility may immediately terminate this Agreement.
(e) The Failure of OWNER, or OWNER’s guests, invitees, or agents to comply with the Facility’s rules and regulations shall be a cause for which the Facility may terminate this Agreement.
13. This Agreement shall be governed by the laws of the State of Wyoming. This Agreement shall represent the joint and several obligation of all OWNERs, and shall be binding upon their personal representatives, heirs, successors, and assigns.
14. This Agreement represents the entire agreement between the parties; it may only be amended in a writing executed by both parties.