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  • Serenity Manor Stables

  • Lebanon, Tennessee SerenityManorStables@gmail.com

    Short-Term Self-Care Boarding Contract, Standards of Care & Liability Waiver

    WITNESS THIS AGREEMENT this by and between Rachel A. Pierce, 301 Spring Creek Ln, Lebanon TN 37090, 781.962.7738, hereinafter referred to as "Stable," and below signee, hereinafter referred to as "Owner."

    Your signature and agreement to these terms is applicable to all members of your party.

    The dates of use covered by this contract are 90 calendar days from date of signature.

    Any extension of this time shall require a new written contract with at least 24 hours notice. In the event that a horse is not removed within 24 hours of end of contract, Stable shall be entitled to exert a lien against said horse, and the property upon the premises as more further described below, for any amounts due, and shall be entitled to enforce said lien and foreclose its interest against said horse and/or equipment for the amount due in accordance with the laws of the State of Tennessee.

    Owner agrees and acknowledges that the reservation is not confirmed until Owner provides (1) proof of negative Coggins, (2) valid Health Certificate, and (3) Proof of Vaccinations (Rabies/5 Way Vaccination-Influenza, Rhino/EEE/WEE/Tetanus

    Fees, Term, and Location. Owner acknowledges and accepts those terms set forth in the rate schedule applicable on the date above as issued by Stable, whether said rates be daily, weekly, or monthly. Payment shall be issued in accordance with that rate schedule on a timely basis. Any charges not paid in a timely manner shall be subject to finance charges set forth in the rate schedule. A security/cleaning deposit of $ 50 per STALL, if applicable , payable with this Contract, shall be refunded to Owner within 24 hours of the date of completion of this Contract so long as the stall is left clean and in good condition with no damages.

    All fees are due prior to entering the facility and in conjunction with submitting this contract. Checks returned for insufficient funds are subject to a fee of $ 40 per returned check Owner will be notified in writing and have 24 hours to remit payment and fees. After 24 hours, the a daily late fee of $10/day will also begin to accrue.

    Description of Horse(s) to be Boarded. The terms and conditions set forth herein shall be applicable to each and every animal boarded by Owner. PROOF OF THE FOLLOWING ARE REQUIRED TO BE PROVIDED TO STABLE PRIOR TO UNLOADING HORSES - (1) Negative Coggins, (2) Rabies vaccination, (3) 5 way vaccination (Influenza/Rhinovirus/EEE/WEE/Tetanus), and (4) Health certificate. Owner acknowledges and agrees that the horses described in the above health papers are the horses that will be boarding at the facility. If a discrepancy is found, horses without papers will need to be removed from the property immediately, and no refunds will be provided.

    Feed, Facilities, and Services. Stable agrees to provide adequate facilities for normal and reasonable care required to maintain the health and well-being of the animals. Owner acknowledges Owner will inspect the stable premises and facilities managed by Stable prior to letting horses out of trailer, and will determine to Owner's satisfaction that the condition of the premises and the boarding and training facilities will provide an adequate and reasonable level of safety for the Horse(s The Owner agrees to accept responsibility for sickness, damages, injuries or loss of life caused by or to the Horse(s) arising out of, or being connected in any way, with the boarding of the Horse(s), except in the event of negligence on the part of Stable, its agents and employees. The Owner is further responsible for injury or death caused by any acts of the Horse(s) caused by vices or dangerous behavior not disclosed in advance to Stable. The standard services to be provided herein and the charges therefor are as posted in the office of Stable and are subject to change at Stable's discretion.

    Your signature on this contact acknowledges all of the following stipulations:

  • Owner acknowledges this agreement is for SELF-CARE only. Stable will not provide feed, turn out, cleaning, or any other services or equipment. Stable provides facility only, to include one stall per horse and access to at least one of three attached pastures, as well as running water. Owner agrees that stalls, if used, must be cleaned and re-bedded to a minimum depth of two inches daily. Owner agrees to ensure horses have access to fresh water at all times. Owner acknowledges that Stable reserves the right, but is under no obligation, to provide fresh water for horses that have not access to same for over 2 hours. Owner acknowledges that a $ 15.00 fee will be charged and documented in writing via letter, email, or text message and due immediately. While a horse is stalled, Owner agrees to provide food at least once per day. Stalled horses must be provided with hay equal to or greater than 1% of the body weight of each horse. Stalled horses must be checked on at least once a day by Owner or designee approved by Stable. Owner is responsible and liable for the conduct of all family members, visitors, minors, instructors, or trainers they bring or invite to the property. Anyone not mentioned in this contract must sign a waiver immediately upon arrival to property. Minors must be under direct adult supervision at all times. Owner acknowledges that Owner is financially responsible for any and all damage a horse causes to the fences, stalls, barn or property. Owner agrees to inspect the property at the start of the contact and document any concerns in writing.

    Risk of Loss and Standard of Care. DURING THE TIME THAT THE HORSE(S) IS/ARE IN CUSTODY OF

    STABLE, STABLE SHALL NOT BE LIABLE FOR ANY SICKNESS, DISEASE, ESTRAY, THEFT, DEATH OR INJURY WHICH MAY BE SUFFERED BY THE HORSE(S) OR ANY OTHER CAUSE OF ACTION, WHATSOEVER, ARISING OUT OF OR BEING CONNECTED IN ANY WAY WITH THE BOARDING OF SAID HORSE(S), EXCEPT IN THE EVENT OF NEGLIGENCE ON THE PART OF STABLE, ITS AGENTS, AND/OR

    EMPLOYEES. This includes, but is not limited to, any personal injury or disability the horse Owner, or Owner's guest, may receive on Stable's premises.

    The Owner fully understands that Stable does not carry any insurance on any horse(s) not owned by it for boarding or for any other purposes, whether public liability, accidental injury, theft or equine mortality insurance, and that all risks connected with boarding or for any other reason for which the horse(s) in the possession of, and on the premises of Stable are to be borne by the Owner. Stable strongly recommends equine mortality insurance be obtained applicable to the subject horse(s) by Owner.

    THE STANDARD OF CARE APPLICABLE TO STABLE IS THAT OF ORDINARY CARE OF A PRUDENT HORSE OWNER AND NOT AS A COMPENSATED BAILEE. IN NO EVENT SHALL STABLE BE HELD LIABLE TO

    OWNER FOR EQUINE DEATH OR INJURY IN AN AMOUNT IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000) PER ANIMAL. OWNER AGREES TO OBTAIN EQUINE INSURANCE FOR ANY ANIMALS VALUED IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000), AT OWNER'S EXPENSE, OR FOREGO ANY CLAIM FOR AMOUNTS IN EXCESS OF FIVE THOUSAND DOLLARS ($5,000 OWNER AGREES TO DISCLOSE THIS

    ENTIRE AGREEMENT TO OWNER'S INSURANCE COMPANY AND PROVIDE STABLE WITH THE

    COMPANY'S NAME, ADDRESS AND POLICY NUMBER. FAILURE TO DISCLOSE INSURANCE

    INFORMATION SHALL BE AT OWNER'S RISK.

    Hold Harmless. Owner agrees to hold Stable harmless from any and all claims arising from damage or injury caused by owner's horse(s) to anyone, and defend Stable from any such claims. Owner agrees to disclose any and all hazardous or dangerous propensities of horse(s) boarded with Stable.

    Emergency Care. Stable agrees to attempt to contact Owner should Stable feel that medical treatment is needed for said horse(s), but, if Stable is unable to contact Owner, Stable is then authorized to secure emergency, veterinary, and blacksmith care required for the health and well-being of said horse(s All costs of such care secured shall be paid by Owner within fifteen (15) days from the date Owner receives notice thereof, or Stable is authorized, as Owner's agent, to arrange direct billing to Owner.

  • STABLE SHALL ASSUME THAT OWNER DESIRES SURGICAL CARE IF RECOMMENDED BY A

    VETERINARIAN IN THE EVENT OF COLIC, OR OTHER LIFE-THREATENING ILLNESS, UNLESS STABLE IS INSTRUCTED HEREIN OR ON OWNER'S INFORMATION SHEETS, BY OWNER THAT THE HORSE(S) IS/ARE

    Owner agrees to notify Stable of any and all change of addresses, emergency telephone numbers, itineraries or other information reasonably necessary to contact Owner in the event of an emergency. In the event Owner departs for vacation or is otherwise unavailable, prior to departure Owner shall notify Stable as to what party is authorized to make decisions in the Owner's place with regard to the health, well-being, and/or medical treatment of the horse(s

    Limits of Care: If Stable is unable to contact Owner and emergency veterinary/farrier care exceeds , Owner gives Stable permission to discontinue care and/or euthanize horse if veterinarian recommends it. Owner agrees that by leaving the limits of care section blank, Stable shall not put a limit on emergency veterinary care for the horse. If this section is left blank, Stable shall assume there are no limits of care, and Owner will be responsible for ALL veterinary/farrier expenses.

    Limitation of Actions. Any action or claim brought by Owner against Stable for breach of this Contract or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.

    Worming. Owner agrees to provide Stable with all health records with regard to the horse(s Owner acknowledges the horse(s) have been wormed and vaccinated on a regular schedule.

    Ownership-Coggins Test. Owner warrants that he owns the horse(s) and will provide proof satisfactory to Stable of the negative Coggins test, rabies vaccination, 5 way vaccination (Influenza/Rhinovirus/EEE/WEE/Tetanus), and health certificate due prior to entering the facility and in conjunction with submitting this contract.

    Changes or Termination of This Agreement. It is agreed by the parties that this Agreement may be changed or terminated upon three (3) days' notice, regardless of the rental period, with Owner entitled to a full refund. All notices must be issued in writing. Cancellations or terminations with less than three (3) days' notice shall not be non-refundable.

    Rules and Regulations. The Owner agrees to abide by all the rules and regulations of the Stable. In the event someone other than the Owner shall call for the horse(s), such person shall have written authority signed by the Owner to obtain said horse(s

    Right of Lien. The Owner is put on notice that Stable has a right of lien as set forth in the laws of the State of Tennessee, 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. However, Stable will not be obligated to retain and/or maintain the horse(s) in question in the event the amount of the bill exceeds the anticipated unregistered value of the horse(s In the event Stable exercises Stable's lien rights as above-described for non-payment, this Agreement shall constitute a Bill of Sale and authorization to process transfer applications from any breed registration as may be applicable to said horse(s) upon affidavit by Stable's representatives setting forth the material facts of the default and foreclosure as well as Stable's compliance with foreclosure procedures as required by law. In the event collection of this account is turned over to an attorney, Owner agrees to pay all attorney's fees, costs, and other related expenses for which a minimum charge of $250.00 will be assessed.

    Property in Storage on Stable's Premises. Owner may store certain tack and equipment on the premises of Stable at no additional charge to Owner. However, Stable shall not be responsible for the theft, loss, damage or disappearance of any tack or equipment or other property stored at Stable as same is stored at the Owner's risk. Stable shall not be liable for the theft, loss, damage, or disappearance of any tack or equipment taken to horse shows or clinics. No vehicles shall be stored upon the premises under this agreement.

  • 14. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are inherent risks associated with equine activities such as described below, and hereby expressly assumes all risks associated with participating in such activities. The inherent risks include, but are not limited to the propensity of equines to behave in ways such as, running, bucking, biting, kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or death to persons on or around them; the unpredictability of equine's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such as surface and subsurface conditions; collisions with other animals; the limited availability of emergency medical care; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within such participant's ability.

    Owner expressly releases Stable from any and all claims for personal injury or property damage, even if caused by negligence (if allowed by the laws of this State) by Stable or its representatives, agents or employees.

    Entire Agreement. 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 into in the State of Tennessee, and shall be enforced and interpreted in accordance with the laws of said State.

    Enforceability of Contract. 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.

    Additional Release and Waiver of Liability, Assumption of Risk, Agreement to Hold Harmless, and Indemnity Agreement, TENNESSEE. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR

    SIGNATURE INDICATES YOU UNDERSTAND IT AND AGREE ON ITS TERMS. BY SIGNING THIS

    AGREEMENT, YOU (AND YOUR CHILD, if applicable) ARE GIVING UP CERTAIN LEGAL RIGHTS,

    INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OF THE STABLE; IT'S OWNER, EMPLOYEE AND AGENTS.

    I, the undersigned, having read and understood this document, agree and consent to all of its provisions. I understand that equine activities are inherently dangerous; that horses are unpredictable by nature, that there are inherent risks of equine activities, meaning those dangers or conditions which are an integral part of equine activities, including, but not limited to: the propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of an equine's reaction to such things as sounds, sudden movements, and unfamiliar objects, persons, or other animals; certain hazards such as surface and subsurface conditions; collisions with other equines or objects; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability.

    It is my intention and desire to observe or participate in equestrian-related activities at the property of Rachel A. Pierce , hereinafter referred to as "Stable," at the location of 301 Spring Creek Ln, Lebanon TN 37090 hereinafter referred to as "Property." I acknowledge that I am fully aware of the nature and risks, and potential danger, of equine activities, and I voluntarily assume all of the inherent risks involved. I release the Stable, its staff, agents, officials, representatives, and volunteers of liability, and agree not to sue or prosecute any claim against them, for property damage, injury, death, or loss of any kind caused by or arising out of my participation, whether resulting from the inherent risks of an equine activity or any other cause, including negligence of the Stable, its staff, agents, officials, representatives, volunteers, event participants, and spectators (but not for their willful or wanton misconduct I intend this to be a release and waiver of rights beyond that provided under Tennessee Statutes § 44-20-101 105. I agree to release, hold harmless, and indemnify the Stable from any liability or claim brought by any other person, caused by or arising in any way out of my participation in this activity and presence on the property. I intend this release, waiver, and agreement to bind me, my heirs, assigns, representatives, and any other person who could claim through me or on my behalf. I understand this is a legal document. I have read it, understand it, and agree to all its terms.

  • If the person who is to enter into this Agreement is less than eighteen (18) years of age, his/her parent or guardian must read this Agreement and sign below on the behalf of the minor. I have read this entire Release of Liability Document. I understand it is a promise not to sue and to release the stable, its owners, employees and agents for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to Stable allowing me or my child to be present on the Property as well as to have interactions with any horses on the Property.

    WARNING - Under Tennessee Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20.

    Your signature and agreement is applicable to all members of your party and is considered valid unless and until written revocation is provided by signee to Stable. Upon revocation, guests will no longer be allowed Property and must vacate immediately or be considered trespassing.

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