WARNING: UNDER NEW JERSEY LAW, AN EQUESTRIAN AREA OPERATOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ANIMAL ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ANIMAL ACTIVITIES, PURSUANT TO P.L., CHAPTER 287

BY SIGNING THIS AGREEMENT I CERTIFY THAT I HAVE READ CAREFULLY AND SIGNED THE RELEASE AND HOLD HARMLESS AGREEMENT WHICH DETAILS THESE INHERENT RISKS AND

INDEMNIFIES HERON STABLES FROM ANY CLAIM RELATED TO EQUINE ACTIVITIES.

 

1.  Fees, Term and Location

In consideration of selected fee per horse per month paid by OWNER in advance on the 1st day of each month, STABLE agrees to board the herein described horse(s) at HERON STABLES LLC on a month-to-month basis. Payments received after the 5th of the month will be assessed a late fee of $50. Partial months boarding shall be paid on a pro-rata basis based on the numbers of days boarded in a standard 30-day month.

OWNER confirms that full list of services and boarding packages has been read, understood and accepted. Any changes or additions to boarding/training options must be executed in writing and agreed upon by all parties. 

2. Description of Horse(s)

3.  Feed, Care and facilities

STABLE agrees to provide normal and reasonable care and handling of the horse to expected standards of a premier boarding, riding and training facility. - Permanent stabling in 12x12 matted stalls, daily turnout as weather permits - Grain up to 3x per day, Hay up to 4x per day - Supplements and medications administered as needed (as supplied by owner and/or at owner's expense) - Stable agrees to maintain scheduling and handling for all routine farrier, dental and veterinary care with Heron Stables recommended providers, at the expense of the owner. Owner shall provide for horse to maintain in good and reasonable physical health and maintain all accounts in good standing for services rendered or will be found in breach of AGREEMENT.

Furthermore, it is expressly recognized and understood that the boarding of said horse (s), as agreed to herein, is not a personal services contract and accordingly, any services provided for hereunder may be performed by STABLE or its employees, officers, agents and/or family members. 

4. Training and Exercise

Alexandra Charles, hereinafter referred to as TRAINER, as an employee of Heron Stables, LLC, has discretionary power over the style and manner of training said horse and commits to take all proper precautions for the safety and performance thereof. Trainer will have authority to assign riders of choice at home or at shows as seen fit for the necessity of the training program. Trainer will have authority to provide and administer supplements and medications as needed for performance and maintenance at owner's expense. Trainer will have authority to assign additional training (applicable fees as outlined in attached list of services) or days off as dictated by the needs of the animal and the training schedule. Should HORSE suffer injury or illness, Heron Stables has no obligation to return or refund any part or portion of boarding or training services within the monthly-prepaid contract. 

5. Ownership/Coggins Test

OWNER warrants that it owns said horse(s), that there are no liens against said horse(s), express or implied by law, and will provide prior to time of delivery of said horse(s), to STABLE, proof satisfactory of a negative Coggins test current within the twelve month period immediately preceding delivery of the horse to STABLE and proof of up to date vaccinations including but not limited to, FLU/RHINO AND RABIES.

6.  Risk of Loss

During the time that the horse (s) is/are in the custody of STABLE, STABLE 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 of STABLE's premises. OWNER fully understands and hereby acknowledges that STABLE does not carry any insurance on any horse s) not owned by STABLE, including, but not limited to, such insurance for boarding or any other purposes, for which the horse(s) is/are covered under any public liability, accidental injury, theft or equine mortality insurance, and that all risks relating to boarding of horse (s), or for any other reason, for which the horse (s) is/are in the possession of STABLE, are to be borne by OWNER.

 

7.   Hold harmless

OWNER agrees to hold STABLE harmless from any claim resulting from damage or injury caused by said horse, OWNER or his guests and invitees, to anyone, including but not limited to legal fees and/or expenses incurred by STABLE in defense of such claims. 

9.  Stable Rules

Owner hereby acknowledges receipt and understanding of the current STABLE Rules, which are incorporated by reference in full, as if fully set forth herein. OWNER agrees he and his guests and invitees will be bound and abide by these Rules, and accepts responsibility for the conduct of his guests and invitees according to these Rules. OWNER acknowledges the Rules include but are not limited to:

STABLE Safety Rules, STABLE Hours of Operation, Notice of Required Release and Waiver for minors, Statement of Applicable state equine liability laws, Required Veterinary care

STABLE 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 STABLE's sole discretion, of OWNER or OWNER's guests and invitees to abide by STABLE Rules may result in STABLE declaring OWNER in default hereunder and result in termination of this AGREEMENT.

10. Default

Either party may terminate this AGREEMENT for failure of the other party to meet any material terms of this AGREEMENT. In the case of a default by one party, the other party shall have the right to recover legal fees and expenses, if any, incurred as a result of said default. Any payment due STABLE under this AGREEMENT shall be due immediately in the event of termination. Failure to make any payment by said due date shall place OWNER in default hereunder. Acceptance by STABLE of any late payment shall not constitute a waiver of subsequent due dates or determinations of default.

11. Assignment

OWNER may not assign this AGREEMENT without the express written consent of STABLE.

12.  Notice of Termination

OWNER agrees that thirty(30) days notice shall be given to STABLE as to the termination of this AGREEMENT. STABLE has the right to terminate this agreement with thirty(30) days notice to OWNER and/or immediately with no notice required upon any material breach of this contract.

13. Right of Lien

OWNER is put on notice that STABLE has and may assert and exercise a right of lien, as provided for by the laws of the State of NEW JERSEY for any amount due for the board and keep of horse (s), and also for any storage or other charges due hereunder, and further agrees STABLE shall have the right, without process of law, to attach a lien to your horse (s) after two (2) months of non-payment or partial payment and STABLE can then sell horse(s) to recover its loss.

14. Mediation/Arbitration by Equine Dispute Resolution Service

In the event of any dispute or disagreement relating in any manner whatsoever to this AGREEMENT the parties agree and consent to engage in mediation in a good faith effort to resolve the dispute amicably before either party resorts to court action. Mediation shall be conducted by and according to the rules of the Equine Dispute Resolution Service (EDRS) and shall be commenced within 45 days of such disagreement or the request of either party to mediation. In the event that the parties are unable to successful resolve said dispute through said mediation, then, in that event, the parties agree to submit the dispute to binding arbitration by and according to the rules of Equine Dispute Resolution Service (EDRS), within 30 days of any declaration of impasse by EDRS. THIS AGREEMENT IS SUBJECT TO THE LAWS OF THE State of New Jersey.