THIS AGREEMENT, dated __________, 20__, is made between The Family Trust under the __________________ hereinafter referred to as “STABLE”, and _________________________, hereinafter referred to as “OWNER”, owner of the below described horse(s).
1. FEES AND TERMS; LOCATION. In Consideration of $_______ per horse per month to be paid by OWNER on or before the ____ day of each month, STABLE agrees to board the herein described horse(s) at the stable facility at ______________________, commencing upon execution l this agreement, on a month to month basis. Owner agrees to pay the first month fee of $__________ prorated to the end of the first month.
2. DESCRIPTION OF HORSE(S).Name________________________ Sex & Color_________________ Height________Markings_____________________ Breed and Reg. No. _________________________
(Photo Attached Y___N___)
3. FACILITIES. STABLE agrees to provide facilities for normal reasonable care to maintain the wellbeing of the horse(s). STABLE will provide one stall and one corral per horse with water. STABLE will provide covered and shared storage for bedding, hay and grain. STABLE will also provide shared locking tack room storage and bathroom. STABLE will provide a tack room key and a remote controller or code number for the entry gate. It is specifically understood that STABLE will not provide feed, grain or bedding.
4. GROOMING AND EXERCISE. STABLE will NOT provide grooming or exercise or any other care for said horse(s). It is expressly understood that OWNER is solely responsible for grooming and exercise of the horse(s).
5. SPECIAL INSTRUCTIONS TO STABLE. Include all known vices of horse(s) and arrangements for farrier care, regular veterinary care and any other instructions to STABLE:___________________________________________________________________________________________________________________________________________________________________________________
6. RISK OF LOSS. During the time that a horse is Boarded with 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 connected in any way with the boarding of said horse(s). This includes, but is not limited to, any personal injury or disability the horse may receive while on STABLE’S premises. The OWNER fully understands that STABLE does not carry any insurance on any horse(s) for boarding or for any other purposes, that the horse(s) are not covered under any 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) is/are in the possession of and on the premises of STABLE, are to be borne by the OWNER.
7. HOLD HARMLESS. OWNER agrees to hold STABLE harmless from any claim resulting from damage or injury caused by or to said horse(s) to any person or property and agrees to pay any legal fees, and/or expenses incurred by STABLE in defense of such claims.
8. EMERGENCY CARE. OWNER shall be solely responsible to secure emergency veterinary or farrier care if medical treatment is needed for said horse(s) for health and well being of said horse(s). All costs of such care secured shall be paid by the OWNER directly to the provider of emergency care at such time as agreed upon between provider and OWNER.
9. SHOEING AND WORMING. OWNER agrees to provide such shoeing and worming of said horse(s), as is reasonably necessary, and the expense for the same shall be the obligation of the OWNER.
10. OWNERSHIP AND HEALTH OF HORSE. OWNER warrants that he/she owns said horse(s) and there are no liens or other encumbrances, express or by law, outstanding against said horse(s). OWNER will provide, before delivery of said horse(s) to STABLE, proof satisfactory to STABLE of a negative Coggins test and current vaccinations for Equine Influenza, Strangles, Tetanus, Rhinopneumonitis and Sleeping Sickness.
11. MAINTENACE OF FACILITY. OWNER agrees to rake breezeway and keep stall, corral, tack room and bath room in a clean and uncluttered manner on a daily or as needed basis. A trash dumpster is provided by STABLE for OWNER to put used bedding material and horse droppings into on a daily basis. The STABLE has the dumpster emptied by Waste Management Co. every Monday. The dumpster is also used by the grounds maintenance company. OWNER agrees to keep the corral area weeded periodically as needed to keep weeds from over growth (tall).
12. NOTIFICATION AND RELEASE. Should OWNER desire that STABLE release said horse(s) to any third party, OWNER must provide to STABLE his or her written consent to such release before STABLE will give possession of said horse(s) to the third party.
13. DEFAULT AND ATTORNEY’S FEES.Either part may terminate this agreement for failure of other party to meet any material term of this agreement. In the case of any fault by one party, the other part shall have the right to recover attorney’s fees and court costs as a result of said default.
14. ASSIGNMENT. This agreement cannot be assigned by either party without the express written consent of the other party.
15. TERMINATION. OWNER agrees that thirty days’ notice shall be given to STABLE prior to the termination of this agreement. STABLE likewise agrees that thirty days’ notice shall be given to OWNER prior to the termination of this agreement.
16. RIGHT OF LIEN. The OWNER is put on notice that STABLE has a right of lien, as set forth on the law of the State of California, for the amount due for the board of such horse(s), and shall have the right to retain the said horse(s) until the amount of such indebtedness is discharged or otherwise proceed to sell said horse(s) in accordance with California Civil Code §3080.01 et. seq.
17. VENUE. The parties hereto agree that the proper venue for all disputes which may arise under this agreement is in San Diego County, California.
THIS AGREEMENT is subject to interpretation under the laws of the State of California,EXECUTED at ____________, this __________day of____________________, 20___.
STABLE__________________________________ ________________________________________________________________ Telephone_________________________
AUTHORIZATION TO RELEASE HORSE(S)The following person(s) are authorized to pick up said horse:
OWNER’S ESTIMATE OF VALUE OF HORSE(S)
The estimated value of said horse(s) is as follows:
Horse#1 Name: ___________________ Estimated Value: $___________________
Horse#2 Name: ___________________ Estimated Value: $___________________