HORSE BOARDING AGREEMENT

HORSE BOARDING AGREEMENT
Owner________________________________________ Trainer_______________________________
Address______________________________________________________________________________
Home Phone________________________ Work Phone______________________________________
Driver's License # _______________________________
Horse(s) Name(s) _____________________________________________________________________
THIS AGREEMENT, for good and valuable consideration, receipt of which is hereby acknowledged, is
entered into this _______ day of _____________, 20__ by and between HGS Management, LLC
(hereinafter referred to as "STABLE") providing services as an independent contractor, located at 4057 Via
Opata, Palos Verdes Estates, California and _______________________________________ (hereinafter
referred to as "OWNER"). These parties warrant that they have the right to enter into this agreement.
1.
FEES AND TERM: In consideration of OWNER'S payment of fees according to STABLE'S fee
schedule, STABLE agrees to board, feed and water the horse(s) hereinafter described. STABLE shall
provide OWNER with a fee schedule for boarding services in advance of the signing of this agreement,
which shall become a part of this agreement. STABLE’S FEE SCHEDULE MAY CHANGE AT ANY
TIME. Should such a change occur, STABLE shall give OWNER no less than a 30 days written notice.
STABLE shall provide boarding services to owner on a month-to-month basis. Monthly board is to be paid
in advance on the first of each month. At the commencement of this agreement, OWNER shall pay the
sum of $__________ (first and last month's board) in consideration for STABLE undertaking the board of
the horse(s) hereinafter listed under item 4 Description. Said sum shall be credited equally to the boarding
charges incurred for the first and last month of this agreement. Charges for special services will be
invoiced and due on the first day of the next month.
Late Charges: The parties hereto acknowledge that it would be impractical or extremely difficult to affix
the amount of extra expense involved in handling a delinquent payment if fees for boarding services are not
paid when due. OWNER therefore agrees to pay STABLE a late charge for any payment not received by
the fifth of each month. An initial late charge of $25 shall apply plus a charge of $3.50 per day per horse(s)
thereafter until STABLE receives full payment for boarding services and late charges. A fee of $25 will
apply to all checks that are returned NSF.
Failure to pay boarding fees or other charges as due shall entitle STABLE to immediately terminate this
agreement, and to keep the horse(s) in STABLE’S possession until all fees and charges are paid in full.
The foregoing is not intended nor shall be construed in any way to limit the rights of STABLE under this
agreement, or otherwise compel prompt performance hereunder or to exercise any other right or remedy to
which STABLE is lawfully entitled.
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527
2.
BOARDED HORSE HEALTH WARRANTY: Each horse to be boarded shall enter the
premises free from transmissible diseases, and must be effectively wormed, and current on immunizations,
tetanus and rabies. OWNER represents and warrants that horse(s) is/are healthy and current with
distemper, tetanus, influenza/rhino, sleeping sickness, worming and other required vaccinations. OWNER
acknowledges that OWNER shall be responsible for worming, vaccination and shoeing costs.
The following up-to-date documents must be presented to STABLE by OWNER prior to the ENTRY of
horse(s) on STABLE’S premises: (1) Veterinarian Health Certificate of shots for this year; (2) Worming for
the year; and (3) A negative Coggins Test within the last 6 months for horses coming from out-of-state.
3.
STABLE’S RIGHT TO REFUSE BOARDING: STABLE reserves the right to refuse the
continuation of board of any horse(s) for any reason, to include but not limited to: horse’s poor health or
unsoundness; dangerous propensities, habits and/or vices; OWNER's refusal to obey stable rules or to
cooperate with STABLE on reasonable requests relative to the management, welfare and safety of animals
and people on premises; and, also in the event of the discontinuation of the business of boarding of horses.
In such event, STABLE shall give OWNER a 14 days written notice to remove boarded horse(s) from
premises. After all fees have been paid in full, this agreement is concluded.
4.
DESCRIPTION OF HORSE(S) TO BE BOARDED:
Name:
.
Age:
Color:
Registration/Tattoo
Sex:
Breed:
Number (if applicable):
Disclose Horse's Vices, Unique Habits, etc. __________________________________
5.
EXERCISE: OWNER shall be responsible for the exercise of the horse(s) described above.
OWNER and STABLE, however, agree that an absolute minimum exercise for a healthy horse is either
THREE TURNOUTS or THREE HANDWALKS a week. If STABLE determines that OWNER's horse is
NOT being exercised at the minimum level, thus posing a health threat to itself and/or staff, then STABLE
will notify OWNER in writing to meet STABLE'S minimum exercise requirement. If OWNER still fails to
meet the minimum exercise requirement and OWNER cannot demonstrate a medical condition excusing
the horse(s) from exercise, then STABLE may exercise horse at the stated minimum level. OWNER will
be charged per fee schedule for said exercise and the additional fees will be due on the first day of the next
month.
6.
WARRANTY OF OWNERSHIP: OWNER warrants that OWNER is the legal owner of the
horse(s) described above, free and clear from any claims or interests of any third party. Notwithstanding
any arrangement between OWNER and any third party, OWNER shall be liable for any and all boarding
fees and compliance with this agreement.
7.
RULES AND REGULATIONS: OWNER shall abide by all rules and regulations promulgated
by STABLE, whether now in effect or as later adopted, and shall comply with all laws, ordinances and
government regulations. OWNER hereby acknowledges receipt of the current rules, as stated in the Palos
Verdes Stable Handbook, which is attached hereto as Exhibit A and is incorporated by reference as if fully
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527
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. 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 rules may result in STABLE declaring OWNER in default hereunder and
result in termination of this agreement.
8.
RISK OF LOSS: OWNER acknowledges that he inspected STABLE'S premises and satisfied
himself that the condition of the premises and the facilities will provide an adequate and reasonable level
of safety for OWNER'S horse and OWNER, OWNER'S family, guests, and visitors who enter the
premises. OWNER agrees to assume and singularly bear all responsibility and risk to himself, his
employees, agents and invitees while upon the premises of STABLE or while participating or engaging in
equestrian activities.
OWNER further agrees that during the time that the horse(s) is/are in STABLE'S custody, 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 on 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.
OWNER acknowledges being advised by STABLE to purchase insurance, including all hazards, liability
and animal mortality to protect OWNER'S interests.
9.
INDEMNIFICATION AND HOLD HARMLESS: OWNER agrees to defend, indemnify and
hold STABLE harmless from any claim resulting from damage or injury caused by said horse(s), OWNER
or OWNER's employees, agents, guests and invitees, to anyone, including but not limited to legal fees
and/or expenses incurred by STABLE in defense of such claims.
10.
LIABILITY INSURANCE: OWNER warrants that he presently carries in full force and effect,
and throughout the period of this agreement shall continue to carry and maintain in full force and effect,
liability insurance protecting OWNER and STABLE from any and all claims arising out of or relating to
this agreement. OWNER shall provide STABLE with an original evidence of authorized insurance that
meets the requirements set forth in the insurance statement attached hereto as "Exhibit B".
11.
DIRECT LOSS TO PERSONAL PROPERTY WARNING: OWNER is hereby warned that
while on STABLE'S premises, direct loss, damage, theft or injury to OWNER'S tack, equipment and
trailer is not covered by STABLE'S insurance. OWNER shall carry his own personal property insurance
for said items.
12.
EMERGENCY CARE: STABLE agrees to attempt to contact OWNER, at the following
emergency telephone number (_____) ________________________, should STABLE feel that medical
treatment is needed for said horse(s). In the event STABLE is unable to so contact OWNER within a
reasonable time, which time shall be judged and determined solely by STABLE, or if the state of the
horse's health requires immediate action, then STABLE is hereby authorized to request the service of a
veterinarian or blacksmith of its choice or to give any other attention that appears necessary. The cost of
such care shall be due and payable by OWNER within 15 days from the date OWNER receives notice
thereof. STABLE is authorized to arrange direct billing to the OWNER for such care as may be provided
by third parties.
Name and phone number of Veterinarian that should be contacted in case of emergency:
Veterinarian: ________________________ Phone Number_________________
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527
Optional Waiver of Emergency Care: OWNER waives the requirement that STABLE contact
OWNER's veterinarian and/or secure care in case of an emergency.
OWNER
initials: ____________
13.
ENTRY ON PREMISES: OWNER shall not cause or attempt to cause entry by independent
contractors, tradesmen or other persons onto the premises of STABLE without the prior written consent of
STABLE. OWNER shall not solicit, enlist or hire any STABLE employee to perform any service for
OWNER.
14.
ASSIGNMENT: OWNER cannot assign this agreement, or the rights and obligations hereunder,
to a third party without the express written consent of STABLE.
15.
NOTICE OF TERMINATION: OWNER agrees that thirty (30) days notice shall be given to
STABLE as to the termination of this agreement. In the event that OWNER gives notice of termination,
any fee, cost, charge or other amount incurred under this agreement shall be immediately due and payable.
16.
DEFAULT: Either party may terminate this agreement for failure of the other party to meet any
material terms of this agreement, including but not limited to item 7 Rules and Regulations. 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. OWNER'S failure to pay any fee, cost, charge or other amount due
under this agreement shall place OWNER in default hereunder.
17.
GRANT OF SECURITY INTEREST: 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 California 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 OWNER'S
horse(s).
It is the intention of the parties that such security interest shall be governed by the provisions of Division 9
of the California Commercial Code and without limitation shall not diminish any right in which STABLE
may have a possessory lien inuring to its benefit pursuant to the provisions of Chapter 6 or Title 14 of the
California Civil Code, Section 3501 et seq. OWNER acknowledges that this agreement grants a security
interest to STABLE as a secured party in any and all horse(s) described above. Applicable California law,
among other rights, entitles STABLE to sell the horse(s) described above in the event of OWNER's
default. OWNER hereby acknowledges that STABLE advised OWNER to consult legal counsel in regard
to said security interest.
18.
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 (hereinafter referred to as "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 successfully resolve said dispute through mediation, then the parties agree to submit the dispute
to binding arbitration by and according to the rules of EDRS, within 30 days of any declaration of impasse
by EDRS.
19.
NOTICE: Any notice, demand, request, content, approval or communication that either party
desires or is required to give to the other party shall be in writing and served personally or sent by prepaid,
certified or registered mail with return receipt to the address set forth in the introductory paragraph of this
agreement. Either party may change address by notifying the other party in writing of the change of
address. Notice shall be deemed communicated upon the first to occur (1) actual receipt of notice, or (2)
forty-eight (48) hours after the time of the mailing.
20.
ATTORNEYS FEES: If either party commences an action or otherwise seeks recovery against
the other party out of, or in connection with, this agreement (including an action seeking a declaration of
rights hereunder) then the prevailing party shall be, in addition to any other relief awarded or obtained,
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527
whether by settlement, arbitration, complete adjudication or otherwise, entitled to have and recover from
the losing party reasonable attorneys fees and court costs.
21.
GOVERNING LAW AND SEVERABILITY: This agreement shall be construed and
interpreted in accordance with the laws of the State of California. In the event that any provision of this
agreement is declared by a court of competent jurisdiction to be void, invalid or unlawful, then such
provision shall be deemed severed from the remainder of this agreement and the balance shall remain in
full force and effect.
22.
INTEGRATION: This agreement contains all of the agreements of the parties and cannot be
amended or modified except by written agreement.
23.
COUNTERPARTS: The parties may execute this agreement in two or more counterparts, which
shall in the aggregate, be signed by all parties. Each counterpart shall be deemed an original instrument as
against any party who signed it.
24.
CANCELLATION: It is mutually agreed that in the event that STABLE is unable to operate
financially or the City of Palos Verdes Estates renders a decision to discontinue current horse boarding
operations, no less than a 30 days written notice of cancellation will be given to OWNER.
Executed as of the date first set forth above.
STABLE:
By:
________________________________________
HGS Management, LLC
Date: __________________________
OWNER:
By:
________________________________________
(Owner's Signature)
Date: __________________________
Owner’s Name: _______________________________
ACKNOWLEGEMENT OF THE PALOS VERDES STABLE RULES AND REGULATIONS
I, ____________________________________, have read and do understand the rules and regulations of
the Palos Verdes Stable as stated in the handbook and will abide by them at all times while on the property
of the Palos Verdes Stable. I understand that if I disregard or violate the rules in any way, I may be held
responsible for any damage incurred. I understand that Palos Verdes Stable is neither responsible nor
liable for my actions and I will hold them blameless in case of injury.
By:
________________________________________
(Owner's Signature)
Date: __________________________
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527
EXHIBIT B – INSURANCE STATEMENT
The contractor/renter shall provide an original evidence of authorized insurance for the term of the
agreement protecting legal liability of the City of Palos Verdes Estates, or HGS, LLC., their officers,
agents, servants, and employees, from occurrences as to commercial general liability insurance and other
liability coverage is required. This may be provided by:
1.
Insurance Certificate – The contractor/renter providing HGS with a signed original certificate (the
ACORD form is acceptable), lawfully transacted, which sets forth the following
A. List as the Additional Insured: “HGS Management, LLC and The City of Palos Verdes Estates c/o
HGS Management, LLC. 4057 Via Opata, Palos Verdes Estates, CA 90274.”
B. Coverage: Commercial general liability in not less than the following amounts per occurrence:
$500,000 for contracts for which liability insurance is required by the State of California.
C. Cancellation Notice: A Statement by the insurance company that it will not cancel said policy or
policies without giving 10 days prior written notice to HGS Management.
D. Company: The Company providing coverage much be acceptable to the California Department of
Insurance.
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527
INDEMNIFICATION FOR ADULTS
I attest and verify I am physically and mentally able to participate in the
use of the Palos Verdes Stables and adjacent area (the “Facility”). Located at
4057, Via Opata, Palos Verdes Estates, California 90274. Furthermore, I hereby
waive, release and discharge any and all claims or rights to claims for damages
for death, personal injury or property damage which I may have or which may
hereafter accrue to me, as a direct or indirect result of my arrival at, departure
from or use of the Facility. This Release is intended to discharge in advance the
City of Palos Verdes Estates, HGS Management, LLC and each of their officers,
officials, employees and agents from and against any and all liability arising out
of or connected in anyway with my arrival at, departure from or use of the
Facility, even though that liability may arise out of negligence or carelessness on
the part of any of the persons or entities mentioned above, except to the extent
caused by gross negligence or willful misconduct of any of those persons.
I further understand serious accidents may occur during my arrival at,
departure from or use of the Facility and could result in mortal or serious
personal injuries, and property damage, as a consequence thereof. Knowing the
risks, nevertheless, I hereby agree to assume those risks and to release and hold
harmless all of the persons or entities mentioned above who, through negligence
or carelessness, might otherwise be liable to me, or my heirs or assigns for
damages.
It is further understood and agreed this waiver, release and assumption of
risk is to be binding on my heirs and assigns. I agree to accept and abide by the
rules and regulations of the City of Palos Verdes Estates and HGS Management,
LLC.
Effective Date: ____________________
_________________________________
Participant Name (Please print)
_________________________________
Participant Signature
Address
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527
TO BE SIGNED BY PARENTS/GUARDIANS OF A
MINOR
I attest and verify I am the parent/guardian of _______________ and my
child/ward is physically and mentally able to participate in the use of the Palos
Verdes Stables and adjacent area (the “Facility”). Located at 4057, Via Opata,
Palos Verdes Estates, California 90274.
Furthermore, I hereby agree to
indemnify, defend and hold harmless the City of Palos Verdes Estates, HGS
Management, LLC and each of their officers, officials, employees and agents
from and against any and all liability arising out of or connected in anyway with
my child/ward’s arrival at, departure from or use of the Facility, even though that
liability may arise out of negligence or carelessness on the part of any of the
persons or entities mentioned above, except to the extent caused by gross
negligence or willful misconduct of any of those persons. This Indemnification is
intended to indemnify in advance the City of Palos Verdes Estates, HGS
Management, LLC and each of their officers, officials, employees and agents
from and against any and all liability arising out of or connected in anyway with
my child/ward’s arrival at, departure from or use of the Facility, even though that
liability may arise out of negligence or carelessness on the part of any of the
persons or entities mentioned above, except to the extent caused by gross
negligence or willful misconduct of any of those persons.
I further understand serious accidents may occur during my child/ward’s
arrival at, departure from or use of the Facility and could result in mortal or
serious personal injuries, and property damage, as a consequence thereof.
Knowing the risks, nevertheless, I hereby agree to assume those risks and to
release and hold harmless all of the persons or entities mentioned above who,
through negligence or carelessness, might otherwise be liable to me, or my heirs
or assigns for damages.
It is further understood and agreed this Indemnification and assumption of
risk is to be binding on my heirs and assigns. I agree my child/ward accepts and
shall abide by the rules and regulations of the City of Palos Verdes Estates and
HGS Management, LLC.
Effective Date: __________
_____
_________________________________
Parent/Guardian Name (Please print)
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527
4057 via Opata, Palos Verdes Estates, California 90274
Tel. 310-378-3527