2. Boarder’s warranty of Horse Ownership: Boarder warrants that except for the following limitations, Boarder is the sole lawful and, if applicable, registered owner of Horse and has unlimited rights to care, custody and sale of the Horse. (Exception: Horse is leased).
3. Care: Stable offers full care. This refers to a constant supply of clean, fresh water, a forage first (free-choice hay/pasture) diet with pelleted diet balancer fed twice daily, loose salt and loose mineral. Supplements or alternative feed may be provided by the boarder and fed at no additional cost.
The Stable will provide stall bedding and stalls will be picked at least twice daily. The Boarder may provide alternative bedding.
Unless contraindicated or under severe weather conditions, horses will usually be turned out except during feedings. Blankets may be provided by the Boarder and will be put on and taken off by Stable for an additional charge.
4. Boarding fees and services:
4.1 Boarder is responsible for paying the amount specified in Attachment B per Horse for boarding Horse at Stable. Stable may change such fees upon a 30-day written notice to Boarder and Boarder agrees to pay such amend boarding fees by the date specific in the written notice or provide Stable with notice of termination pursuant to Section 8.1.
4.2 Pro-rated Fees for Partial Month: For any horse that begins boarding at Stable on a day other than the 1st of the month, that board will be prorated based upon the number of days remaining in the month and must be paid at the time that boarding begins. Note that this section does not affect Boarder’s termination notice obligations pursuant to Section 8.1 and does not create any rights to a refund of board amounts paid in advance unless Boarder complies with the notice requirements of Section 8.1 regardless of Boarder’s reasons for termination.
4.3 Additional Services for Additional Fees: Stable may offer additional services as specified in Attachment B. If and as requested by Boarder, Stable will perform such additional services. Stable will bill Boarder monthly for all fees associated with additional services and Boarder agrees to pay such bills.
4.4 Payment due dates: Board payments are due in full and in advance every month on the 1st day of the month. Fees for additional services as set forth in Section 4.3 are due within 15 days of Boarder’s receipt of a bill from Stable.
4.5 Late payments: If Stable does not receive Boarder’s payment by the due date, the payment will be considered late.
4.6 Penalty for Late Payments: If any of the Boarder’s payments is late as specified under Section 4.5, Boarder will owe Stable a late fee of $25.
4.7 Penalty for Dishonored Payment Instruments: If any payment instrument issued by or on behalf of Boarder is dishonored for any reason, Boarder must immediately pay Stable cash in the amount of the payment instrument, plus any bank charges that Stable may incur as a result of the dishonored payment instrument.
4.8. Stables Lien on Horses: Boarder understands and agrees that Stable has a general lien on Horses for amounts due to Stable under this Agreement. Accordingly, pursuant to Section 8.3, Boarder may not remove any Horse from the Stable premises until all amounts due under this Agreement are paid in full unless Boarder receives prior written permission from Stable.
4.9 Foals: Stable may charge a surcharge for a foal. When the foal is 120 days old, Stable may begin charging Boarder the normal boarding rates for a Horse, regardless of whether the foal continues to share an enclosure with its dam.
5. Horse health: Stable requires all Horses to adhere to certain vaccination and parasite control schedules. The Stable’s vaccination and parasite control requirements are based upon advice from Stable’s veterinarian.
5.1 Initial Vaccination Requirements: Before bringing a Horse onto Stable premises, Boarder must provide Stable with proof that Horse has received the vaccinations set forth below.
5.2 Ongoing Vaccination Requirements: At Boarder’s expense, Boarder agrees to adhere to the ongoing vaccination requirements set forth in Attachment C. Upon request by Stable, Boarder must promptly provide Stable with proof that Boarder has met the ongoing vaccination requirements with respect to each Horse. If Boarder does not promptly provide Stable with proof, Stable may elect to arrange for vaccinations to be administered at Boarder’s expense.
5.3 Parasite Control: The Stable will provide ivermectin in the Spring and Winter as part of a parasite control program. Horses will be treated for lice as a preventative measure at least annually at Stable's expense. All other parasite control will be at Boarder’s expense, Boarder agrees to adhere to the parasite control requirements.
5.4 Farrier Care: At Boarder’s expense, Boarder agrees to properly care for each Horse’s hooves, including farrier care every six to eight weeks. If, in Stable’s reasonable judgment, Boarder has not fulfilled Boarder’s obligations pursuant to this section, Stable may arrange for farrier care at Boarder’s expense.
5.5 Urgent Veterinary Care: If, in Stable’s reasonable judgment, any Horse appears to require urgent veterinary care, Stable will attempt to contact Boarder at the telephone number(s) in Section 10.3. If Stable is unable to reach Boarder promptly, Stable may have a veterinarian administer care to Horse. If veterinary care is administered to Horse, boarder agrees to pay for such veterinary care and all applicable charges, including charges from Stable. Boarder understands and agrees that in certain instances, appropriate veterinary care may include euthanasia. If Boarder does not want Horse to receive certain types of veterinary care, including euthanasia, or veterinary care beyond a certain dollar limit, Boarder must notify Stable of such limitations in writing.
5.6 Exercise: With the exception of any turnout services that may be provided by Stable pursuant to Section 3, Boarder is solely responsible for providing adequate exercise for each Horse.
5.7 Grooming: With the exception of any grooming services that may be provided by Stable pursuant to Section 3, Boarder is solely responsible for providing grooming for each Horse.
6. Boarder’s Responsibility to Follow Stable Rules: Boarder understands and agrees to follow the Stable Rules as well as any other rules that the Stable may post or distribute in writing from time to time (collectively the ‘Stable Rules’). At it’s discretion, the Stable may change the Stable Rules by providing written notice to Boarder or posting such changes in a prominent location at Stable, and Boarder agrees to follow such amended Stable Rules. Repeated and/ or serious violation of the Stable Rules will be considered a material breach of this Agreement and therefore be grounds for termination pursuant to Section 8.2.
7. Damage to Stable Property: Except for damage that is normal wear and tear, Boarder agrees that Boarder will pay for any damage to Stable property caused by Boarder, any Horse or any guest of Boarder (including but not limited to Boarder’s family members, employees and independent contractors). Stable may, but is not required to, allow Boarder to repair such damage and if Boarder does so, the repair must meet with Stable’s approval. If Stable repairs any such damage, Stable will invoice Boarder for such repair, including materials and labor, and Boarder agrees to pay such charges.
8. Termination of Boarding Agreement
8.1 Termination for Any Reason: Boarder and Stable each have the right to terminate this Agreement for any or no reason upon 30 days written notice to the non-terminating party . The notice does not need to specify a reason for termination.
8.2 Termination for Cause: Boarder understands and agrees that if Stable determines, in its sole discretion, that Boarder has materially breached this agreement, Stable may terminate this agreement for cause upon 10 days’ prior written notice to Boarder. Examples of material breach include, but are not limited to, repeated and/ or serious violation of Stable Rules, theft of Stable property or property belonging to another Boarder and breach of Section 4.
8.3 Removal of Horse(s) upon Termination: Boarder understands and agrees that all amounts due to Stable pursuant to this Agreement must be paid in full before Boarder will be permitted to remove any Horse from the Stable premises. Each Horse remaining on the Stable premises following termination of this Agreement will be subject to boarding fees as set forth in Attachment B or as specified in Stable’s termination notice to Boarder. On the 60th day after the termination date of this Agreement, any Horse remaining on the Stable premises will automatically become the property of the Stable and Boarder agrees to forfeit Boarder’s interests in such Horse, regardless of its value. Accordingly, Stable may sell, transfer, give away or otherwise dispose of such Horse without further notice to or permission from Boarder, and Stable may retain any and all proceeds to apply against amounts owing to Stable from Boarder and as compensation for administering the sale, transfer, donation or disposition of the Horse. Boarder agrees to take such steps necessary to transfer title to the Horse to Stable. Boarder agrees that Stable has no obligation to notify Boarder of the presence of any Horse on the Stable premises, or otherwise notify boarder before a Horse becomes the property of Stable pursuant to this section. Any notifications from Boarder to Stable will have no effect on the operation of this section unless Stable agrees to modifications in accordance with Section 12. To the extent that any law or regulation may provide for rights or duties other than those set forth in this section, the parties agree to waive such rights and duties and agree that this section will control.
8.4 Removal of Personal Property upon Termination: Boarder must remove all personal property from the Stable premises upon termination of this Agreement. Items remaining on the Stable premises following termination of this Agreement may be subject to a storage fee as set forth in Attachment B or as specified in termination notice to Boarder. On the 60th day after the termination date of this Agreement, all personal property remaining on the Stable premises will automatically become the property of Stable and Boarder agrees to forfeit Boarder’s interests in such property , regardless of its value. Accordingly, Stable may sell, transfer, give away or otherwise dispose of such property without further notice to or permission from Boarder, and that Stable may retain any and all proceeds to apply against amounts owing to Stable from Boarder and as compensation for administering the sale, transfer, donation, or disposition of such property . Boarders agree that Stable has no obligation to notify Boarder of the presence of personal property on the Stable premises, or otherwise notify Boarder before such personal property becomes the property of the Stable pursuant to this section. Any notifications from Boarder to Stable will have no effect on the operation of this section unless Stable agrees to modifications in accordance with Section 12. To the extent that any law or regulation may provide for rights or duties other than those set forth in this section, the parties agree to waive such rights and duties and agree that this section will control.
9. Boarder’s Assumption of Risks, Liability Releases, Indemnification Agreement and Limitation of Liability.
9.1 Risk of Loss of or Injury to Horse(s): Boarder understands that keeping a Horse at a boarding facility , including Stable, is inherently risky . For example, in common areas, such as arenas, tie racks, and wash stalls, other horses could kick, bite, run into or otherwise injure a Horse(s). A Horse(s) may be allergic to feed or bedding materials and they may catch diseases or other contagious conditions from other Horses. Farm machinery, traffic or other hazards may spook a Horse(s). A Horse(s) may become cast, be bitten or kicked by neighboring horses or otherwise become injured or killed. In inclement weather, Stable grounds, including paddocks, round pens and arenas, may become muddy or slippery, injuring or killing a Horse(s). Stable premises may contain defects. For example, footing on Stable premises, including round pen, paddock and arena footing can contain holes, rocks, and uneven portions or otherwise be unpredictable. As at any horse facility, there is always a risk of fire or theft. Boarder understands and assumes all risks of keeping each Horse on the Stable premises, including the risk that the Stable’s owners, officers, directors, shareholders, employees, contractors, agents and / or the owners of the Stable premises (collectively the ‘Stable Parties’) may be negligent. Accordingly, Boarder agrees upon behalf of him or herself, his or her heirs, guardians, legal representatives, successors and assigns (collectively the ‘Boarder Parties’) not to sue the Stable Parties or otherwise make a claim against such parties in connection with any injury or death of any Horse. Boarder understands and agrees that Boarder is solely responsible for insuring each Horse.
9.2 Risk of Loss or Damage to Personal Property: Boarder understands that bringing personal property , such as tack, equipment, feed, automobiles, or horse trailers, onto the Stable premises is inherently risky and that keeping personal property in a tack room or other shared area is particularly risky . For example, property may be damaged or stolen by other boarders, rodents and other wild animals, horses, weather conditions, earthquakes or fire. Boarder understands and assumes all risks of keeping personal property on the Stable premises, including the risk that the Stable’s owners, officers, directors, shareholders, employees, contractors, agents and / or the owners of the Stable premises (collectively the ‘Stable Parties’) may be negligent. Accordingly, Boarder agrees upon behalf of him or herself, his or her heirs, guardians, legal representatives, successors and assigns (collectively the ‘Boarder Parties’) not to sue the Stable Parties or otherwise make a claim against such parties in connection with any damage or loss of personal property . Boarder understands and agrees that Boarder is solely responsible for safekeeping and insuring any personal property that Boarder may bring onto the Stable premises
9.3 Risk of Injury or Death to Boarder: Boarder understands that horse-related activities are inherently dangerous and expressly assumes the risks associated with handling, caring for and riding horses on the Stable premises. Boarder understands that horses are inherently unpredictable animals and even the most docile may occasionally bolt, spook, buck, rear, bite, kick, pull back or otherwise act in such a way that may injure Boarder or others. Stable premises may contact defects. For example, footing on stable premises, including round pen, paddock, and arena footing can contain holes, rocks, and uneven portions or otherwise be unpredictable. Boarder expressly assumes all risks of engaging in horse-related activities on the Stable premises, including the risk that the Stable Parties may be negligent. Accordingly, Boarder agrees upon behalf of the Boarder Parties not to sue the Stable Parties or otherwise make a claim against such parties in connection with any injury or death occurring on the Stable premises.
9.4 Trail Riding Risks: Boarder understands that riding horses outside of designated riding areas such as arenas and round pens (“Trail Riding”) is inherently dangerous. In particular, horses may become spooked by traffic, wild animals, other horses or other hazards, causing Boarder to fall off or otherwise become injured or die. Horses may stumble or trip over natural or manmade obstacles, injuring horses and/ or Boarder. Boarder understands that the Stable Parties do not inspect or maintain any trails or paths, on or off of the Stable premises, and that Stable Parties make no warranty whatsoever regarding the safety of paths and trails. Boarder understands and expressly assumes all risks associated with Trail Riding including the risk that the Stable Parties or other parties may be negligent and agrees upon behalf of the Boarder Parties not to sue the Stable Parties or otherwise make a claim against such parties in connection with
9.5 Safety Attire: Stable requires ASTM/ SEI certified equestrian helmet for all riders when mounted. Should Boarder fail to wear a helmet when riding, Boarder agrees on behalf of all the Boarder Parties to assume the increased risk of injury or death resulting from such failure.
9.6 Waiver of Unknown Claims: Boarder understands that Boarder’s state laws or regulations may contain provisions designed to prevent Boarder from waiving claims that are unknown to Boarder at the time Boarder agrees to a waiver of claims. On behalf of the Boarder Parties, Boarder agrees to waive all rights that Boarder might otherwise have under such laws or regulations.
9.7 Boarder’s Indemnification Agreement: Boarder agrees to defend, indemnify and hold the Stable Parties harmless against all claims, demands and causes of action, including costs and attorney’s fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for Boarder’s benefit or the benefit of any Boarder Party or brought by others against the Stable Parties in connection with Horses, or any action or inaction taken by Boarder, Boarder’s guests, family members, agents, employees or contractors.
9.8 Limitation of Stable Parties’ Liability: Under no circumstances shall the Stable Parties, or any of them, be liable to Boarder, or any of the Boarder Parties, for any special or consequential damages pursuant to this Agreement. In addition to the other limitations on the Stable Parties’ liability set forth in this Agreement, under no circumstances shall the Stable Parties’ liability pursuant to this Agreement exceed the total amount of compensation actually received by the Stable from Boarder pursuant to this Agreement.
10. Contact Information and Notices 10.1 Form of Notice: Notices given pursuant to this Agreement must be in writing to the addresses below and delivered via a method that provides evidence of receipt, such as Federal Express. Email shall not be considered effective notice unless acknowledged by the receiving party .
10.2 Notice to Stable: Notice to Stable must be sent to: This Old Horse, Inc.
19025 Coates Blvd. Hastings, MN 55033 651/ 437-1889